HomeMy WebLinkAboutORD NO 4249ORDINANCE NO. '~'~ 4'9
AN ORDINANCE APPROVING THE AMENDMENT TO TITLE
SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND
ZONING MAP NO. 124-30 TO CHANGE THE ZONING FROM
M-1 (LIGHT MANUFACTURING) TO R-1 (ONE FAMILY
DWELLING) ZONE ON 32.7 ACRES AND R-tlPUD (ONE
FAMILY DWELLING/PLANNED UNIT DEVELOPMENT) ZONE
ON 10 ACRES, LOCATED NORTH OF BERKSHIRE ROAD,
GENERALLY EAST OF SOUTH H STREET. (ZC 04-1326)
(VVard 7).
WHEREAS, in accordance with the procedure set forth in the provisions of Title 17 of the
Municipal Code of the City of Bakersfield, the Planning Commission held a public hearing on a
petition by PORTER-ROBERTSON ENGINEERING, for Marcus Rudnick LLC, c/o Marcia Rudnick to
change the land use zoning of those certain property in the City of Bakersfield located north of
Berkshire Road, generally east of South H Street; and
WHEREAS, by Resolution No. 162-04 on December 9, 2004, the Planning Commission
recommended approval of an ordinance amending Title 17 of the Municipal Code to approve R-1
(One Family Dwelling) on 32.7 acres and to R-l/PUD (One Family Dwelling/Planned Unit
Development) zone on 10 acres as delineated on attached map marked Exhibit"B", and this Council
has fully considered the recommendations made by the Planning Commission as set forth in that
Resolution; and
WHEREAS, the Planning Commission, as a result of said hearing, did make several general
and specific findings of fact which warranted a negative declaration of environmental impact and
approval to the changes in zoning of the subject property to an R-1 (One Family Dwelling) on 32.7
acres and to R-l/PUD (One Family Dwelling/Planned Unit Development) on 10 acres and the
Council has considered said findings and all appear to be true and correct; and
WHEREAS, the law and regulations relating to the preparation and adoption of Negative
Declarations, as set forth in CEQA and City of Bakersfield's CEQA Implementation Procedures,
have been duly followed by city staff, the Planning Commission and this Council; and
WHEREAS, a Negative Declaration for the proposal was advertised and posted on
November 2, 2004, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows commercial development; and
WHEREAS, the City Council has considered and hereby makes the following findings:
1. The above recitals and findings are true and correct and constitute the findings of the
Planning Commission in this matter.
Ali required notices have been given.
The provisions of the California Environmental Quality Act (CEQA) have been
followed.
ORIGINAL
Based on the initial study and comments received, staff has determined that the
proposed project could not have a significant effect on the environment. A Negative
Declaration was prepared and sent to responsible agencies and property owners
within 300 feet of the project site. A Negative Declaration was prepared for this
project in accordance with CEQA.
The public necessity, general welfare and good zoning practice does justify the
recommended change of zone to an R-1 (One Family Dwelling) zone on 32.7 acres
and to an R-l/PUD (One Family Dwelling/Planned Unit Development) zone on 10
acres located north side of Berkshire Road, generally east of South H Street.
The project site, with prior approval of General Plan Amendment No. 04-1326, is
designated LR (Low Density Residential) and LMR (Low Medium Density
Residential) on the Metropolitan Bakersfield General Plan Land Use Plan.
The intent of the proponent is to develop single family residential on the 42.7 acre
project site.
The recommended zone change will reflect the previously adopted General Plan
Amendment No. 04-1326.
9. The recommended zone change is compatible with the surrounding uses.
10.
The recommended zone change is consistent with the Metropolitan Bakersfield
General Plan, subject to prior approval of General Plan Amendment No. 04-1326.
11.
That the applicant by prior agreement agreed to comply with all adopted mitigation
measures contained within the Negative Declaration for this project.
12.
That Zone Change No. 04-1326 is hereby approved as recommended by the
Planning Commission with mitigation measures adopted in the Negative Declaration.
13.
14.
That Section 17.06.020 (Zoning Map) of the Municipal Code of the City of
Bakersfield be amended by changing the land use zoning to R-1 (One Family
Dwelling) on 32.7 acres and to R-l/PUD (One Family Dwelling/Planned Unit
Development) zone on 10 acres on Map No. 124-30, of that certain property in the
City of Bakersfield as described in Exhibit "C" herein attached.
That Zone Change No. 04-1326, as outlined above, is hereby recommended for
approval with mitigation and conditions of approval shown on Exhibit "A", subject to
prior approval of General Plan Amendment No. 04-1326.
SECTION 1.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows:
1. All of the foregoing recitals are hereby found to be true and correct.
2. The Negative Declaration is hereby approved and adopted.
2
O¢IGIN~I
Section 17.06.020 (Zoning Map) of the Municipal Code of the City of Bakersfield be
and the same is hereby amended by changing the land use zoning of that certain
property in the City, the boundaries of which property is shown on the map marked
Exhibit "B" attached hereto and made a part hereof, and are more specifically
described in attached Exhibit "C".
Such zone change is hereby made subject to the conditions of approval listed in
attached Exhibit "A", and subject to pdor approval of General Plan Amendment No.
04-1326.
SECTION 2.
This ordinance shall be posted in accordance with the Bakersfield Municipal Code and shall
become effective not less than thirty (30) days from and after the date of its passage.
......... 000 ........
3
I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council
of the City of Bakersfield at a regular meeting thereof held on ~.D.D. ~_ ? _~_fl.~_~ , by the
following vote:
COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
ABSTAIN: COUNClLMEMBER
ABSENT: COUNClLMEMBER
PAMELA A. McCARTHY, CMC //
CITY CLERK and Ex Officio Clerkbf' the
Council of the City of Bakersfield
APPROVED APR 2
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attomey
Attachments:
Exhibit A - Conditions of Approval
Exhibit B - Map
Exhibit C - Legal Description
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EXHIBIT A
Conditions of Approval
General Plan Amendment No. 04-1326
The developer/contractor of the GPA site shall submit, at the time of building permit, a letter
agreeing to the following air quality mitigation measures:
A) Mitigation measures for PM~o:
The developer shall water previously disturbed exposed surfaces (soil) a
minimum of three-times/day or whenever visible dust is capable of drifting from
the site or approaches 20% opacity.
The developer shall water all haul roads (unpaved) a minimum of three-times/day
or whenever visible dust from such roads is capable of ddffing from the site or
approaches 20% opacity.
The developer shall ensure that all vehicles (as defined under Rule 8011 ) do not
exceed a speed of 15 miles per hour on unpaved roads.
The developer shall install and maintain a trackout control device that meets the
specifications of SJVAPCD Rule 8041 if the site exceeds 150 vehicle tdps per
day or more than 20 vehicle tdps per day by vehicle with three or more axles.
The developer shall stabilize all disturbed areas, including storage piles, which
are not being actively utilized for construction purposes using water, chemical
stabilizers or by covering with a tarp, other suitable cover or vegetative ground
cover.
The developer shall control fugitive dust emissions during land clearing,
grubbing, scraping, excavation, leveling, grading, or cut and fill operations with
application of water or by presoaking.
When transporting materials off-site, the developer shall maintain a freeboard
limit of at least 6 inches and cover or effectively wet to limit visible dust
emissions.
The developer shall limit and remove the accumulation of mud and/or dirt from
adjacent public roadways at the end of each workday. (Use of dry rotary brushes
shall be prohibited except when preceded or accompanied by sufficient wetting
to limit visible dust emissions. The use of blowers is expressly forbidden.)
The developer shall stabilize the surface of storage piles following the addition or
removal of matenals using water or chemical stabilizer/suppressants.
The developer shall remove visible track-out from the site at the end of each
workday.
The developer shall cease grading activities dudng periods of high winds
(greater than 20 mph over a one-hour pedod).
ORIGiNAl
Exhibit A
Conditions of Approval
GPA 04-1326
Page 2
B)
For all asphalt-concrete paving, the developer shall comply with SJVAPCD Rule
4641 and restdct the use of cutback, slow-cure and emulsified asphalt paving
materials.
The developer shall ensure that all grading on the site shall be conducted in
phases.
The project site shall not be cleared of existing vegetation cover until required by
construction.
The developer shall re-vegetate graded areas as soon as it is feasible after
construction is completed.
Mitigation measures proposed for construction equipment exhaust:
The developer shall propedy and routinely maintain all construction equipment,
as recommended by manufacturer manuals, to control exhaust emissions.
The developer shall shut down equipment when not in use for extended periods
of time to r~duce emissions associated with idling engines,
The developer shall ensure that all construction equipment shall operate no
longer than six (6) cumulative hours per day.
The developer shall use electric equipment for construction whenever possible in
lieu of diesel or gasoline powered equipment.
The developer shall curtail the use of high-emitting construction equipment
during periods of high or excessive ambient pollutant concentrations such as
"Spare-the-Air" days as declared by the SJVAPCD.
All construction vehicles shall be equipped with proper emission control
equipment and kept in good and proper running order to substantially reduce
NOx emissions.
The developer shall sue Caterpillar pre-chamber diesel engines or equivalent
could reduce NOx emissions.
All construction activities within the project area shall be discontinued during the
first stage smog alerts.
Exhibit A
Conditions of Approval
GPA 04-1326
Page 3
Construction and grading activities shall not be allowed dudng first stage ozone
alerts. First stage ozone alerts are declared when the ozone level exceeds 0.20
ppm (1-hour average).
c)
Mitigation measures proposed to reduce long term emissions from the completed
project:
The project design shall comply with standards set forth in Title 24 of the Uniform
Building Code to minimize total consumption of energy.
The developer shall position as many home sites as possible with a north/south
exposure, dudng the tentative tract phase of development.
The developeflapplicant shall submit documentation that they will comply with
applicable mitigation measures found in Air Quality Attainment Plan, Distdct
Rules, Traffic Control Measures, Regulation VIII and Indirect Source Rules for
the SJVAPCD.
The developer shall provide specific bus tumout(s) and shelter(s) at locations
approved by GET to serve residential sites within the project area. The bus
turnout(s) and shelter(s) shall be planned by the developers in the project area
and local transportation coordinating entities (including GET) to encourage the
efficient and practical use of public transit entities servicing the project area.
2. No archaeological resources were identified on the project site, however, should archaeological
resources be encountered during the course of construction, a qualified archaeologist shall be
consulted for further evaluation and any measures shall be complied with at that time.
(Mitigation Measure).
3. The developer of the project site shall be required to pay into the adopted Regional Traffic
Impact Fee fixed rate program. (Mitigation Measure)
4. If human remains are discovered or identified on the project site at any time or during site
disturbance, work shall stop at the location of the find and the Kern County Coroner shall be
notified immediately (Section 7050.5 of the California Health and Safety Code and Section
5097.98 of the California Public Resoumes Code which detail the appropriate actions necessary
for addressing the find) and the local Native Amedcan community shall be notified immediately.
(Mitigation Measure).
5. The developer/applicant of the GPNZC site shall prepare and submit to the Planning
Department, prior to issuance of building permit on site, a Phase II architectural evaluation by a
qualified historical architect of the Packing Plant/Slaughterhouse. This will be used to determine
eligibility for nomination to the California Register of Historic Places. (Mitigation Measure).
,&Aa <,
Exhibit A
Conditions of Approval
GPA 04-1326
Page 4
The developer of the site shall prepare and submit evidence of no bovine remains for the entire
site, exclusive of areas developed with structures, subject to review and approval of the Kem
County Environmental Health Department. This will occur pdor to recordation of any phase of
any tract map on the project site. (Planning Condition).
Public Works Conditions:
Pdor to approval of any development plan, improvement plan for a tentative subdivision map, or
application for a lot line adjustment, the following shall occur:.
Provide full dedication for South H Street to artedal standards and Berkshire Road to
collector standards. Dedications shall include sufficient widths for expanded
intersections and additional areas for landscaping as directed by the City Engineer.
This area is within the Hosking Planned Sewer Area. Provide a sewer study covedng
the entire GPNZC area and provide calculations showing that there exists sufficient
capacity in the sewer system for the change in land use.
Provide a drainage study for the entire GPNZC area. Only one storm drainage basin wilt
be allowed for the entire GPA/ZC area.
All irrigation lines or ditches wilt be relocated out of the public right-of-way except for
perpendicular crossings.
9. Normal full frontage improvements shall be required at the time of development.
10. Pay the standard fees for the Regional Transportation Impact Fee, as adopted at the time of
vesting of the development.
11. The site specific access shall be limited and shall be determined at time of subdivision review.
Medians or other approved means shall be required to facilitate limiting access.
12.
The entire area covered by this by this General Plan Amendment shall be included in the
Consolidated Maintenance District. The applicant shall pay all fees for inclusion in the
Consolidate Maintenance Distdct with submittal of any development plan, tentative subdivision
map, Site Plan Review, or application for a lot line adjustment for any podion of this GPA area.
13. Payment of median fees for the frontage of the property within the GPA request. These fees
may be paid prior to recordation of the final map or building permit.
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ORIGINA~
ZONING MAI> 12 m
EXHIBIT "C"
ZONE CHANGE NO. 04-1326
LEGAL DESCRIPTION
FROM
M-I (LIGHT MANUFACTURING) AND M-2 (GENERAL MANUFACTURING)
TO
R-l/PUD (ONE FAMILY DWELLING/PLANNED UNIT DEVELOPMENT) ZONE
Being a portion of Lots 9 and 10 of Berkshire Farm Tract, in Section 30, Township 30
South, Range 28 East, Mount Diablo Meridian, in the City of Bakersfield, County of Kern,
State of California, as per map recorded August 27, 1901 in Book i at Page 38 of Naps,
in the office of the Kern County Recorder and more particularly described as follows:
Beginning at the Southwest corner of said Lot 10, also being the West quarter corner of
said Section 30 and the centeriine intersection of Berkshire Road and South "H" Street;
Thence (t)
North 00037'22" East along the West line of said Lot 10, the West line of
said Lot 9, the West line of the Northwest quarter of said Section 30 and
the centerline of said South "H" Street, a distance of 700.00 feet;
Thence (2)
South 89°30'34'' East parallel with the South line of said Lot 10, the
South line of said Northwest quarter and the centerline of said Berkshire
Road, a distance of 724.10 feet to a point on the northerly prolongation
of the center[ine of Maya Street;
Thence (3)
South 00°29'26'' West along said northerly prolongation, a distance of
700.00 feet to the centerline intersection of said Maya Street and said
Berkshire Road, also being a point on the South line of said Lot 10 and
the South line of the Northwest quarter of said Section 30;
Thence (4)
North 89°30'34' West along the centerline of said Berkshire Road, the
South line of said Lot 10 and the South line of said Southwest quarter, a
distance of 725.71 feet to the point of beginning.
Contains 11.65 acres more or less.
Page l of 2
ORIGINAl'
EXHIBIT "C"
ZONE CHANGE NO. 04-1326
LEGAL DESCRIPTION
FROM
M-1 (LIGHT MANUFACTURING) AND M-2 (GENERAL MANUFACTURING)
TO
R-I (ONE FAMIL Y DWELLING) ZONE
Being a portion of Lots 9 and 10 of Berkshire Farm Tract, in Section 30, Township 30
South, Range 28 East, Mount Diablo Meridian, in the City of Bakersfield, County of Kern,
State of California, as per map recorded August 27, 1901 in Book 1 at Page 38 of Maps,
in the office of the Kern County Recorder and more particularly described as follows:
Commencing at the Southwest corner of said Lot 10, also being the West quarter corner
of said Section 30 and the centerline intersection of Berkshire Road and South "H"
Street; Thence North 00037'22'' East along the West line of said Lot 10, the West line of
said Lot 9, the West line of the Northwest quarter of said Section 30 and the centerline
of said South "H" Street, a distance of 700.00 feet to the point of beginning;
Thence (1) continuing North 00°37'22'' East, a distance of 621.96 feet to the
Northwest corner of said Lot 9 and a point on the South line of the Arvin-
Edison Canal;
I hence (2) South 89°30'53'' E~st along the North line of said Lot 9 and the South
line of said canal, a distance of 1466.22 feet to the Northeast corner of
said Lot 9;
Thence (3) South 00°35'47''West along the East lines of said Lots 9 and 10, a
distance of 1322.10 feet to the Southeast corner of said Lot 10, also
being a point on the centerline of Berkshire Road and the South line of
the Northwest quarter of said Section 30;
Thence (4) North 89030'34'' West along the South line of said Lot 10, the centerline
of said Berkshire Road and the South line of said Northwest quarter, a
distance of 741.12 feet to the centerline intersection of said Berkshire
Road and Maya Street;
Thence (5) North 00°29'26'' East along the northerly prolongation of the centerline of
said Maya Street, a distance of 700.00 feet;
Thence (6) North 89030'34" West parallel with the centerline of said Berkshire Road,
the South line of said Lot 10 and the South line of said Northwest
Contains 32.86 acres more or less- //~ ~:%~v ' -'-'~.~d~o~
~ ? .S. 5332
o: ,_L
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SS.
County of Kern )
PAMELA A. McCARTHY, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 28th day of April , 2005 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4249, passed by the
Bakersfield City Council at a meeting held on the 27th day of April, 2005 and entitled:
AN ORDINANCE APPROVING THE AMENDMENT TO TITLE
SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND
ZONING MAP NO. 124-30 TO CHANGE THE ZONING FROM
M-1 (LIGHT MANUFACTURING) TO R-1 (ONE FAMILY DWELLING)
ZONE ON 32.7 ACRES AND R-l/PUD (ONE FAMILY DWELLING/
PLANNED UNIT DEVELOPMENT) ZONE ON 10 ACRES, LOCATED
NORTH OF BERKSHIRE ROAD, GENERALLY EAST OF SOUTH
"H" STREET (ZC 04-1326)
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
DEPUTY Ci~ Clerk
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