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HomeMy WebLinkAboutORD NO 4266 ORDINANCE NO. 4266 AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 124-29 AS RECOMMENDED BY THE PLANNING COMMISSION AND BY CHANGING THE PREZONING FROM A (AGRICULTURE) TO AN R-1 (ONE FAMILY DWELLING) ZONE ON 17 ACRES, LOCATED ALONG THE NORTH SIDE OF BERKSHIRE ROAD, GENERALLY EAST OF SOUTH UNION AVENUE. (ZC 04-1763) (Ward 1). 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 SmithTech/USA Inc. for Jean Ollivier ET.AL. to change the land use zoning of those certain property in the City of Bakersfield located generally along the north side of Berkshire Road, and generally east of South Union Avenue; and WHEREAS, by Resolution No. 78-05 on June 16, 2005, the Planning Commission recommended approval of an ordinance to amend Title 17 of the Municipal Code from A (Agriculture) to an R-1 (One Family Dwelling) zone 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 WHEREAS, the Planning Commission recommended approval of the proposed changes in zoning of the subject property from A (Agriculture) to an R-1 (One Family Dwelling) zone and the Council has considered said findings and all appear to be true and correct; and WHEREAS, the applicant wishes to develop single family residential on the project site, upon annexation to the city, 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 May 6, 2005, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows residential uses; 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. 2. All required notices have been given. 3. The provisions of the California Environmental Quality Act (CEQA) have been followed. '" 'Ò~I«('i () ·0t >- I- r; Õ ~ ()RIr,I~If'¡' ,....-.,--..----.- -." -.-----".- _..__.~-,..,- 4. 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. 5. The public necessity, general welfare and good zoning practice justify the recommended change of zone to R-1 (One Family Dwelling) zone on 17 acres located generally along the north side of Berkshire Road, and generally east of South Union Avenue. 6. The project site, with prior approval of General Plan Amendment No. 04-1763, is designated LR (Low Density Residential) on the Metropolitan Bakersfield General Plan Land Use Plan. 7. The recommended zone change will refiect the previously adopted General Plan Amendment No. 04-1763. 8. The recommended zone change is compatible with uses typical of development with complete urban services available by the City of Bakersfield. 9. The recommended zone change is consistent with the Metropolitan Bakersfield General Plan, subject to prior approval of General Plan Amendment No 04-1763. 10. That the applicant by prior agreement agreed to comply with all adopted mitigation measures contained within the Negative Declaration for this project. 11. That Zone Change No. 04-1763 is hereby approved as recommended by staff with mitigation measures adopted in the Negative Declaration. 12. 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) zone on 17 acres on Map No. 124-29, of that certain property being annexed to the City of Bakersfield as described in Exhibit "C" herein attached. 13. That Zone Change No. 04-1763, 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. 04-1763. 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. 3. 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 being annexed to 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". 2 ~ 'úM(ç, Cy!fJ '-' "<·f'. >- - ;- r; --) l---. ^\RI~I~Jt, 4. Such zone change is hereby made subject to the conditions of approval listed in attached Exhibit "A", and subject to prior approval of General Plan Amendment No. 04-1763. 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 X 'ú?K(~'. () '(~~. .':>- Ä S ,- o c' ORIGI~I,~ ' 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 srp '2005 ' by the following vote: ~¿;~~ ABSTAIN: ABSENT: ,/ ./ ¡/ v V ...--' V COUNCILMEMBER CðUCH. CARSON, BENHAM, MAGGARD. HANSON. SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER~.. APPROVED SEP 7 2005 Lt fYlLÛ PAMELA A. McCARTHY, CMC CITY CLERK and Ex Officio Cle Council of the City of Bakersfield HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attomey 'I By: /~ÆI;Jn' ~ Attachments: Exhibit A - Conditions of Approval Exhibit B - Map Exhibit C - Legal Description MOdl1 S:\GPA 2nd 2005\04-1763\Resolutions\o?I.'-cc.doc 4 t. 'ò!\K(", Ò' '0' >- -'fi ¡- n - ,-.. c) C:) 0RIG'NAI EXHIBIT A Conditions of Approval General Plan Amendment/Zone Change No. 04-1763 Air Quality Mitiqation Measures: 1. The applicant/developer of the project site shall submit documentation to the Planning Department prior to issuance of any building permit that they will/have rnet the following air quality rnitigation measures: A. For Construction Equipment Exhaust: The following mitigation measures should be utilized during the construction phase of the project to reduce construction exhaust emissions. These mitigation measures are stated in the GAMAQI guidance document as approved mitigation for construction equipment. a) Properly and routinely maintain all construction equipment, as recommended by manufacturer manuals, to control exhaust emissions. b) Shut down equipment when not in use for extended periods of time to reduce emissions associated with idling engines. c) Encourage ride sharing and use of transit transportation for construction employee commuting to the project site. d) Use electric equipment for construction whenever possible in lieu of fossil fuel- fired equipment. e) Curtail construction during periods of high ambient pollutant concentrations; this may include ceasing of construction activity during the peak-hour of vehicular traffic on adjacent roadways. B. For Fugitive Dust Emissions: Construction of the project requires the irnplementation of control rneasures set forth under Regulation VIII, Fugitive PM10 Prohibitions of the San Joaquin Valley Air Pollution control District. The following mitigation measures. in addition to those required under Regulation VIII, can reduce fugitive dust emissions associated with these projects: . /1. X '6~\1\(~) (j lr ..À .\-. ~ n ',;; C:; n¡::W,"f\fl.! -... -....----.--....-.----.--.-.....--- Exhibit A GPAlZC 04-1763 Conditions of Approval a) All disturbed areas, including storage piles, which are not being actively utilized for construction purposes, shall be effectively stabilized of dust emissions using water, chemical stabilizer/suppressant, covered with a tarp or other suitable cover, or vegetative ground cover. b) All onsite unpaved roads and offsite unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizer/suppressant. c) All land clearing, grubbing, scraping, excavation, land leveling, grading, cut & fill, and demolition activities shall be effectively controlled of fugitive dust emissions utilizing application of water or by presoaking. d) When materials are transported offsite, all material shall be covered, or effectively wetted to limit visible dust emissions, and at least six inches of freeboard space from the top of the container shall be maintained. e) All operations shall limit or expeditiously remove the accumulation of mud or dirt from adjacent public streets at the end of each workday. (The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions. Use of blower devices is expressly forbidden). f) Following the addition of materials to, or the removal of materials from, the surface of outdoor storage piles, said piles shall be effectively stabilized of fugitive dust emissions utilizing sufficient water or chemical stabilizer/suppressant. g) Within urban areas, trackout shall be immediately removed when it extends 50 or more feet from the site and at the end of each workday. h) Any site within 150 or more vehicle trips per day shall prevent carryout and trackout. I) Asphalt-concrete paving shall comply with San Joaquin Valley Air Pollution Control District Rule 4641 and restrict the use of cutback, slow-cure and emulsified asphalt paving materials. Page 2 of 5 ,. úidíE", ()' 'ú' ;>. .,-, >-- n ,-.. -;¡ (:) 0R!(è!Np.1 Exhibit A GPAlZC 04-1763 Conditions of Approval j) Cease grading activities during periods of high winds (greater than 20 mph over a one-hour period). k) Limit construction-related vehicle speeds to 15 mph on all unpaved ares at the construction site. I) Implementation of carryoutltrackout mitigation measures, such as gravel pads, in accordance with the requirements of the SJVAPCD Regulation VIII. (Mitigation Measures). ArcheoloQical: 2. 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 Resources Code which detail the appropriate actions necessary for addressing the find) and the local Native American community shall be notified immediately. (Mitigation Measure). Traffic: 3. Prior to approval of any development plan, improvement plan, or application for a lot line adjustment, the following shall occur: a. Provide fully executed dedicated for Berkshire Road to collector standards for the full frontage of the area within the GPA request. Dedications shall include additional areas for landscaping as directed by the City Engineer. Submit a current title report with the dedication documents. b. This GPAlZC area is too small to support its own storm drainage sump. The City will allow no more than one sump per 80 acres; therefore, this GPAlZC area must be included within the drainage area of adjoining property. The developer shall participate in the development of a Planned Drainage Area and provide a drainage study for the GPAlZC area, showing its proportionate share of the necessary ultimate storrn drainage facilities. As an alternative to fonming a Planned Drainage Area, the developer may present to the City evidence, Page 3 of 5 ~t,Kf ~ ~~~, >- ':: i <-1 c ORIG'~I!' - --._- Exhibit A GPAlZC 04-1763 Conditions of Approval acceptable to the City Engineer, that the drainage for this GPAlZC area will be accommodated in the design of the storm drain system for adjacent property. c. Sewer service must be provided to the GPAlZC area. The developer shall be responsible for the initial extension of the sewer line to serve the property. This sewer line must necessarily be sized to serve a much larger area that the project area. The City is willing to aid the developer in the forrnation of a Planned Sewer Area and/or an Assessment District to provide a rnechanism for the reimbursement of oversizing costs to the developer. (Mitigation Measure). 4. The entire area covered by this GPA shall be included in the Consolidated Maintenance District The applicant shall pay all fees for inclusion in the Consolidate Maintenance District with submittal of any development plan, tentative subdivision map, Site Plan Review, or application for a lot line adjustment for any portion of this GPA area. (public Works Condition). 5. Access to the project area from South Union Avenue is provided by a sub-standard road. With the development of the project area, approved, jrnproved access to the site must be provided. The required improvements shall be 32 feet of paving meeting City design standards for a collector road, with 8' graded shoulders. If it becomes necessary to obtain any off site right of way and if the developer is unable to obtain the required right of way, then he shall pay to the City the up-front costs for eminent domain proceedings and enter into an agreement and post security for the purchase and improvement of said right-of-way. (Public Works Condition). 6. The Madison Road crossing of the Arvin Edison Canal needs to be constructed to serve this area. Developer shall aid in the formation of a Major Road and Thoroughfare District for the construction of the crossing. (Public Works Condition). 7. Traffic - Local Mitigation: Pay the proportionate share of the following mitigation measures (not paid for by the Regional Transportation Impact Fee nor included with normal development irnprovements) as indicated in Tables 7 and 8 of the traffic study. An estimate and fee schedule should be developed by the applicant and approved prior to recordation of a map or issuance of a building perrnit a. Union Avenue & Panama Lane, Add east bound left and through lanes, 3.84% Page 4 of 5 Q 1\ If£' (. ol\hCÄ> 0' \1' -f' .).., -- I- r: - ,-.. ;J C:' ....)ql('I~IL,! Exhibit A GPAlZC 04-1763 Conditions of Approval share. b. Union Avenue & Berkshire Road, Add west and east bound left turn lanes, 6.48% share c. Widen Panama Lane to 4-lanes, South H Street to Union Avenue, 6.39% share. (Public Works Mitigation Measure). 8. Traffic - Regional Transportation Impact Fee: Pay the standard residential fees, as adopted at time of development. (Public Works Mitigation Measure). SIGPA 2nd 2005\04-1763\Admin SRICon Exh A .doc Page 5 of 5 '<. ~ÀKE/( () '{~ >- I:: P o c~ nRIG.!~W (j)~ N~ ,<r g N 3a...,^ ~<[o ~ ,., <r~1- w Of <i\<.? ..Z °Zg; ~Ou uN~ d ~: < ~ < ~;-: ., ~;¡ õ2~è o 3 I ,1n ~ i · uu + ~ .- . ~ ~ OJ, !t i~ ~ ~ ¡ ¡ . S i .. ~.:. v r j ! 'I' v~"~rE~ ~...i 'E..... --!- ': 6t;¡~~~"',:,,~~ i; r.. ~ ¡ I! tOo ¡;: :2_f:i~¡::! ~1;....i W; "'''I'' .. ~'!;>H<'{'~ .. ~:"': -J ~1' ':':ii:< ~~!~!~~"~;:::... ~~~~~~!~~~~~ ;~~!~~l~~U~ --:::; ;,,,, ......- . I .1 'I < J , I I ~-----,! 1]. . ~'; _ 0 > - N . 1-------: - . .,1 - , w i 11 ,'( -r:----~ ¡ '"' - ,~ - il_~_~_~_l ~J~ __LJ ~ t ~ , . 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T :;:;..-i iF! j ~rt; ~~~ i .:~~ !.":'i .., :r~~ ¡~! ..~~ :~~~ ;~:), ~:-:': ~4; -nt - ~U' ~~l ~ ~.! ; ~! ik~¡ J qr ¡¡"!~: ;,," JáÞ ~@ -~ ."""..--: I· I I " . b f~ ~ , ~ - I, I~; I , , , ¡ , , I _ I I . ~~ .. ., .~ ~[ c. g~ , k - ':_-~ì.T~- I :i~ _--..1..---"---- " "O~ >- .- 51!: ';'!!: 900 ;'I~' ~:öI!i lQNING Mf,'-> 124 - 29 ý '¿A/it" C) .~ >- -<\ 1-. rn ,~ r; 'lRI~'W.1 Exhibit C Zone Change No. 04-1763 Legal Description BEING THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECT!< ¡N 29. T. 30 S., R. 28 E., MOM. IN THE COUNTY OF KERN, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND APPROVED BY TilE SURVEYOR GENERAL JANUARY 28,1868. EXCEPT ALl TIIAT PORTION OF SAID LAND GRANTED TO ARVIN-EDISON WATER STORAGE DISTRICT, A CALIFORNIA WA/ ER STORAGE DISTRICT IN DEED RECORDED MARC!! 9, 1965 IN BOOK 3X20, PAGE 619 OF OFFICIAL RECORDS AND RECORDED SEPTEMBER 2 I, ¡ 966 IN BOOK 3983, PAGE 359 OF OFFICIAL RECORDS. CONTAINS: 17.45 GROSS ACRES (kr1...hnc/\...f IJm<lfl-{d',\,/('·l.gl ~ '¢i\Kt:o (J -'!;" '- )-- J! o C:> ()R!GI~ltd 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 8th day of September ,2005 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4266 ,passed by the Bakersfield City Council at a meeting held on the yth day of September, 2005 and entitled: AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 124-29 AS RECOMMENDED BY THE PLANNING COMMISSION AND BY CHANGING THE PREZONING FROM A (AGRICULTURE) TO AN R-1 (ONE FAMILY DWELLING) ZONE ON 17 ACRES, LOCATED ALONG THE NORTH SIDE OF BERKSHIRE ROAD, GENERALLY EAST OF SOUTH UNION AVENUE (ZC 04-1763) (WARD 1) PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield BY:~ ~{ , DEPUTY Ci Clerk S :\DOCUM ENTlFOR MSIAOP. ORD. wpd ~ '¢¡"K~?> () <!;, >- - t:: ~ c.J () ORIGINAL