HomeMy WebLinkAboutORD NO 4289
ORDINANCE NO. ~ 289
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO.
102-06 AS RECOMMENDED BY THE PLANNING
COMMISSION AND BY CHANGING THE PREZONING FROM A
(AGRICULTURE) TO E (ESTATE) ZONE ON ONE ACRE,
LOCATED, NORTH OF SNOW ROAD, WEST OF VERDUGO
LANE. (ZC 05-0420) (Ward 4).
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 Elizabeth H. Pinnell to change the land use zoning of those
certain property in the City of Bakersfield located generally along the north side of Snow Road. west
of Verdugo Lane; and
WHEREAS, by Resolution No, 134-05 on September 15, 2005, the Planning Commission
recommended approval of an ordinance to amend Title 17 of the Municipal Code from A
(Agriculture) to E (Estate) 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 E (Estate) zone and the Council has
considered said findings and all appear to be true and correct: and
WHEREAS, the applicant wishes to develop commercial and industrial uses 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 August 9,
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 E (Estate) zone on one acre located north of Snow
road, west of Verdugo Lane.
6. The project site, with prior approval of General Plan Amendment No, 05-0420, is
designated LR (Low Density Residential) on the Metropolitan Bakersfield General
Plan Land Use Plan.
7. The recommended zone change will reflect the previously adopted General Plan
Amendment No. 05-0420.
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, 05-0420,
10. That Zone Change No. 05-0420 is hereby approved as recommended by staff with
mitigation measures adopted in the Negative Declaration,
11. 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 E (Estate) on one acre
on Map NO.1 02-06, of that certain property being annexed to the City of Bakersfield
as described in Exhibit "C" herein attached.
12. That Zone Change No. 05-0420, 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. 05-0420.
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 ofthe 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 "8" attached hereto and made a part hereof, and are more
specifically described in attached Exhibit "C".
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.
05-0420.
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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 passectand adopted by the Council
of the City of Bakersfield at a regular meeting thereof held on DEC 1 4 7nO;- , by the
following vote:
aYE§)
NOES:
ABSTAIN:
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COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER
COUNclLMEMBER
cOUNclLMEMBER
COUNCtLMEMBER ~C'\................~~-<-,
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PAMELA A. McCARTHY, C
CITY CLERK and Ex Officio lerk of the
Council of the City of Bakersfield
APPROVED
DEC 1 4 2005
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
BY~Jyl. ~
Attachments: Exhibit A - Conditions of Approval
Exhibit B - Map
Exhibit C - Legal Description
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EXHIBIT A
Conditions of Approval
GPAlZC 05-0420
Air Quality Mitiaation Measures:
1. To ensure that Project emissions are minimized, the applicant is proposing a number
of mitigation measures, The following measures have either been applied to the
Project through the URBEMIS 7.5.0 Model or will be implemented in conjunction with
the San Joaquin Valley Air Pollution Control District (SJVAPCD) rules. Therefore, 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 met the
following air quality mitigation measures:
A. PM10 Mitigation Measures
As the Project will be completed in compliance with SJVAPCD Regulation VIII, dust
control measures will be taken to ensure compliance specifically during grading and
construction phases. The mitigation measures to be taken are as follows:
· 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.
· Water all haul roads (unpaved) a minimum of three-times/day or whenever
visible dust from such roads is capable of drifting from the site or approaches
20% opacity,
· Reduce speed on unpaved roads to less than 15 miles per hour,
· Install and maintain a trackout control device that meets the specifications of
SJV APCD Rule 8041 if the site exceeds 150 vehicle trips per day or more than
20 vehicle trips per day by vehicle with three or more axles.
· 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.
· 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 offsite, maintain a freeboard limit of at least 6
inches and cover or effectively wet to limit visible dust emissions.
· 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 is prohibited
except when preceded or accompanied by sufficient wetting to limit visible dust
emissions and use of blowers is expressly forbidden),
· Stabilize the surface of storage piles following the addition or removal of
materials using water or chemical stabilizer/suppressants.
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Exhibit A
Conditions of Approval
GPAlZC 05-0420
· Remove visible track-out from the site at the end of each workday.
· Cease grading activities during periods of high winds (greater than 20 mph over
a one-hour period).
· Asphalt-concrete paving shall comply with SJV APCD Rule 4641 and restrict
use of cutback, slow-cure and emulsified asphalt paving materials.
· Grading should be conducted in phases.
· Project site shall not be cleared of existing vegetation cover until required by
construction.
· The Project developer shall revegetate graded areas as soon as it is feasible
after construction is completed.
· The construction contractor shall submit a Dust Control Plant to the APCO at
least 30 days prior to the start of the any construction activity.
· Construction contractor shall provide written notification to the APCO within 10
days prior to the commencement of earthmoving activities via fax or mail.
· Upon evidence of trespass, prevent unauthorized vehicles access by posting
"No Trespassing" signs or installing physical barriers such as fences, gates,
posts, and/or other appropriate barriers to effectively prevent access to the
area,
Cultural Resources Mitiaation Measures:
2, Should subsurface archaeological remains be unearthed during future construction
activity, work in the area of discovery should be stopped until the finds can be
evaluated.
3. If human remains are discovered during grading or construction activities, work would
cease pursuant to Section 7050.5 of the California Health and Safety Code, If human
remains are identified on the site at any time, 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 details the appropriate actions necessary for addressing the
remains) and the local Native American community shall be notified immediately.
Public Works Conditions:
4, Prior to approval of any development plan, improvement plan, or application for a lot
line adjustment, the following shall occur:
a) Provide fully executed dedication for Snow Road, to Arterial standards and
Norris Road to Collector standards, for the full frontages of the area within the
GPAlZC request. Dedications shall include sufficient widths for expanded
intersections and additional areas for landscaping as directed by the City
Engineer. Submit a current title report with the dedication documents, If a
tentative subdivision map over the entire GPA/ZC area is submitted, dedicati~Ks
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Exhibit A
Conditions of Approval
GPAlZC 05-0420
can be provided with the map. If a tentative subdivision map over the entire
GPAlZC area is submitted, dedication can be provided with the map.
b) The GPAlZC area is within the service area of the North of River Sanitary
District NO.1. Sewer service in this area must conform to the NORSD's
adopted Sewer Study, and construction of sewer lines shall be per NORSD's
requirements. All trench backfill and paving within the public right-of-way shall
require an Open Street Permit and be as per the City of Bakersfield's adopted
standards
5, Payment of median fees for the arterial frontage of the property within the GPAlZC
request. These fees may be paid prior to recordation of any map or approval of
improvement plans.
6, Access to the arterial and collector streets will be limited and determined at time of
division or development. Determination of whether a right turn lane is required at the
access street(s) will also be made at the time of division or development. A full
access opening will only be considered if the developer funds and installs a traffic
signal at the site entrance. Said signal will only be permitted if a signal
synchronization study is submitted and approved, which shows progression is not
adversely affected.
7. The entire area covered 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 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 GPAlZC area.
Traffic Comments:
8. This proposal change will result in 4 additional dwelling units and is considered an
insignificant increase in potential trip generation (4 PM peak trips) which is below
thresholds established by the City and Caltrans. We recommend that the development
be required to pay into the adopted Regional Traffic Impact Fee fixed rate program.
The fee program improvements mitigate impacts of the existing densities and
therefore will do so due to the minor increase,
Citv Attorney Condition:
9. In consideration by the City of Bakersfield for land use entitlements, including but not
limited to related environmental approvals related to or arising from this project, the
applicant, and/or property owner and/or subdivider ("Applicant" herein) agrees to
indemnify, defend, and hold harmless the City of Bakersfield, its officers, agents,
employees, departments, commissioners or boards ("City" herein) against any and all
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Exhibit A
Conditions of Approval
GPA/ZC 05-0420
liability, claims, actions, causes of action or demands whatsoever against them, or any
of them, before administrative or judicial tribunals of any kind whatsoever, in any way
arising from, the terms and provisions of this application, including without limitation
any CEQA approval or any related development approvals or conditions whether
imposed by the City, or not, except for CITY's sole active negligence or willful
misconduct.
This indemnification condition does not prevent the Applicant from challenging any
decision by the City of Bakersfield related to this project and the obligations of this
condition apply regardless of whether any other permits or entitlements are issued.
The City will promptly notify Applicant of any such claim, action or proceeding, falling
under this condition within thirty (30) days of actually receiving such claim, The City,
in its sole discretion, shall be allowed to choose the attorney or outside law firm to
defend the City at the sole cost and expense of the Applicant and the City is not
obligated to use any law firm or attorney chosen by another entity or party,
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Exhibit B
Location Map
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Exhibit C
Legal Description
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LEGAL DESCRIPTION
GP A/ZC
SNOW ROAD & VERDUGO LANE
THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 6, T. 29 S, R. 27 E., M.D.M" ACCORDING TO THE OFFICIAL PLAT OF THE
SURVEY OF SAID LAND ON FILE IN THE BUREAU OF LAND MANAGEMENT, DES-
CRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID
SECTION 6;
THENCE
NORTH 01 °05'33" EAST ALONG THE EAST LINE OF SAID SOUTHWEST
QUARTER, 311.00 FEET;
THENCE
NORTH 89°51' 42" WEST PARALLEL WITH THE SOUTH LINE OF SAID
SOUTHWEST QUARTER, 140.00 FEET;
THENCE
SOUTH 01 °05 '33" WEST PARALLEL WITH THE EAST LINE OF SAID
SOUTHWEST QUARTER, 31100 FEET TO A POINT ON THE SOUTH LINE
OF SAID SOUTHWEST QUARTER AND THE CENTERLINE OF SNOW
ROAD;
THENCE
SOUTH 89°51'42" EAST ALONG THE SOUTH LINE OF SAID SOUTH-
WEST QUARTER AND CENTERLINE OF SNOW ROAD, 140.00 FEET TO
THE TRUE POINT OF BEGINNING.
CONTAINS 1.00 AC, MORE OR LESS
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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 15th day of December ,2005 she posted on the Bulletin Board at
City Hall, a full, true and correct copy of the following: Ordinance No, 4289 passed by
the Bakersfield City Council at a meeting held on the 14th day of December, 2005
and entitled:
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO,
102-06 AS RECOMMENDED BY THE PLANNING COMMISSION
AND BY CHANGING THE PREZONING FROM A (AGRICULTURE)
TO E (ESTATE) ZONE ON ONE ACRE, LOCATED NORTH OF SNOW
ROAD, WEST OF VERDUGO LANE (ZC 05-0420)
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
Br-Ì~Q~~ 1-¿
DEPUT City, lerk
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