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.
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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".
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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.
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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:
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ABSTAIN:
ABSENT:
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COUNCILMEMBER CðUCH. CARSON, BENHAM, MAGGARD. HANSON. SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER~..
APPROVED
SEP 7 2005
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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
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By: /~ÆI;Jn' ~
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/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:
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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
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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
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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
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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
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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
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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
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