HomeMy WebLinkAboutORD NO 4293
ORDINANCE NO.
71293
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO.
123-30 AS RECOMMENDED BY THE PLANNING
COMMISSION AND BY CHANGING THE PREZONING FROM A
(AGRICULTURE) TO R-1 (ONE FAMILY DWELLING) ZONE ON
80 ACRES, LOCATED AT THE NORTHEAST CORNER OF
MCCUTCHEN ROAD AND BUENA VISTA ROAD. (ZC 05-0942)
(Ward 5).
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 Mcintosh and Associates for Lester D. Baroncini, Trustee of the Irene Baroncini Trust to
change the land use zoning of those certain property in the City of Bakersfield located at the
northeast comer of McCutchen Road and Buena Vista Road; and
WHEREAS, by Resolution No. 141-05 on September 15, 2005, the Planning Commission
recommended approval of an ordinance to amend Title 17 of the Municipal Code from A
(Agriculture) to 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 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 residential 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
16,2005, 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 80 acres
located at the northeast corner of McCutchen Road and Buena Vista Road.
6. The project site, with prior approval of General Plan Amendment No. 05-0942, 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. 05-0942.
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. 05-0942.
10. That Zone Change No. 05-0942 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 R-1 (One Family
Dwelling) on 80 acres on Map No. 123-30, of that certain property being annexed to
the City of Bakersfield as described in Exhibit "C" herein attached.
12. That Zone Change No. 05-0942, 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. 05-0942.
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".
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.
05-0942.
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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 passed and adopted by the Council
of the City of Bakersfield at a regular meeting thereof held on ore 1 A ?nf1l1 , by the
following vote:
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ABSTAIN:
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COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER '-\"I~f.,~
PAMELA A, McCARTHY, CMC
CITY CLERK and Ex Officio Cler
Council of the City of Bakersfield
APPROVED DEC 14 200!\
HARVEY L. LL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By:
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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 05-0942
Air Qualitv Mitiqation 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 8,7,0 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
meet/have met the following air quality mitigation measures:
a, Regulation VIII Control Measures
PM1Q Mitigation Measures:
The project will maintain compliance with all SJVAPCD Regulations VIII
requirements.
· Water all unpaved or haul road surfaces as needed,
· Limit speed on all unpaved roads to 15 mph.
· Water any exposed ground surfaces as needed,
· Stabilize all disturbed areas including inactive storage piles on
an as needed basis,
· Maintain at least a 6 inch freeboard space during transport of
materials and/or cover and wet to limit dust emissions,
· Rp.move mud or dirt accumulations on public roadways at the
end of the day or immediately when track out exceeds 50 or
more feet.
· Cease grading activities during periods of high winds where
entrainment of dust will exceed the SJVAPCD 20% opacity
requirement.
b, Construction Equipment and Mitigation Measures:
· Limit idling to no more than 20 minutes at a time,
· All construction equipment shall be maintained to
manufacturers' specifications,
· Where possible electric equipment shall be used in lieu of diesel
or gas powered equipment.
· Encourage employees at the construction sites to carpool to and
from work as well as during established lunch hours,
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Exhibit A
Conditions of Approval
GPAlZC 05-0942
c, Design Features Mitigation Measures:
These mitigation measures are based upon those available in the
URBEMIS 2002 emissions modeling program, These measures provide
emission reductions for the proposed Project's long-term emissions
(reductions once the Project has been completed):
The Developer shall provide the following:
· Adequate street lighting,
· Sidewalks and/or pedestrian paths and pedestrian signs and
signalization where appropriate,
· Pedestrian safety designs/infrastructures shall be provided at
crossings,
· Transit shelters and/or benches, turnouts, signs, and displays
shali be provided as needed,
Cultural Resources Mitiqation 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.
Hazards and Hazardous Materials:
4. A Phase I Environmental Site Assessment shall be prepared prior to
development for the project site to determine potential hazardous wastes
Mineral Resources:
5. Prior to commencement of construction, the existing oil production well
shall be properly removed and abandoned pursuant to the latest
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Exhibit A
Conditions of Approval
GPAlZC 05-0942
procedures required by the local agency with closure responsibilities for oil
production wells. Any associated equipment (Le" piping) shall be
removed off-site and properly disposed of at a permitted landfill. A visual
inspection of the areas beneath the removed materials shall be performed,
Soil sampling around the removed well shall be performed, as determined
appropriate by a qualified Phase II professional.
Noise:
6, Prior to issuance of grading permits, the contractor shall provide evidence
acceptable to the City Planning Department that (1) all construction
equipment, fixed or mobile, operated within 1,000 feet of a dwelling unit
shall be equipped with property operating and maintained mufflers; (2)
construction activities shall be limited to the designated daytime hours as
specified by the City of Bakersfield (currently 6 AM to 9 PM on weekdays
and 8 AM and 9 PM on weekends), No construction is allowed on Federal
holidays. These restrictions apply to all trucks, vehicles, and equipment
that are making or involved with material deliveries, loading or transfer of
materials, equipment service, and maintenance of any devices for or
within the Project construction site,
7, During construction, stationary construction equipment shall be placed
such that emitted noise is directed away from noise-sensitive receptors, to
the satisfaction of the Building Official.
8, Prior to approval of the Project plans and specifications by the City
Planning Department, the construction contractor shall incorporate
feasible muffling features into all construction vehicles and equipment and
into construction methods, and shall maintain all construction vehicles and
equipment in efficient operating condition,
Public Services:
9. Residential projects shall meet fire-flow requirements in accordance with
relevant City building codes, City fire codes, and the requirements of the
Kern County Fire Department.
10. Pursuant to Government Code Sections 65995, 65996, and 65997,
mitigation of the proposed Project's impacts on public school facilities will
be limited tC' the collection of statutory fees authorized under Education
Code Section 17620 and Government Code Sections 65995, 65995,6,
and 65995,7 at the time that building permits are issued. Currently these
fees are set a $2,24 per square foot, and amount subject to adjustment
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Exhibit A
Conditions of Approval
GPAlZC 05-0942
every two years, However, if either or both districts adopt the alternative
fees authorized by Government Code Sections 65995,6 and/or 6995,7,
fees required for this Project may be significantly higher than the current
amount.
11, In accordance with an ordinance of the City of Bakersfield, land must be
dedicated for park uses by the developer of new residential subdivision
projects at a standard of 2,5 acres per 1,000 persons and/or the developer
must pay in-lieu fees of $1 ,275 per residential unit park development fees,
Location and timing of park facilities to be determined by the City of
Bakersfield,
12. All construction debris and construction-related debris shall be separated
into recyclable and non-recyclable items to the greatest extent possible,
All recyclable debris shall be transported to appropriate recycling facilities
so as to reduce waste disposed of at County landfills. To the maximum
extent possible, recyclable materials and materials consistent with the
waste-reducing goals of the City shall be used for all aspects of
construction.
Transportation and Traffic:
13. Intersection street improvements for the year 2025 which are needed to
maintain or improve the operational level of service of the street system in
the vicinity of the project are shown below, which identifies those
improvements not covered by the Regional Transportation Impact Fee
(RTIF) program and the Project's percent share for the cost of all non-
RTIF (Iocall"litigation) improvements,
Stockdale Highway at Old River Road
. Restripe/widen the westbound approach, east leg, from dual (2)
left-turn lanes, three (3) through lanes and a separate right-turn
lane to three (3) left-turn lanes, four (4) through lanes and a
separate right-turn.
Panama Lane at Buena Vista Road
. Restripe/widen the eastbound approach, west leg, from a separate
left-turn lane, two (2) through lanes and a separate right-turn lane
to a separate left-turn lane, three (3) through lanes and a separate
right-turn,
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Exhibit A
Conditions of Approval
GPAlZC 05-0942
· Restripe/widen the westbound approach, east leg, from a separate
left-turn lane, two (2) through lanes and a separate right-turn lane
to a separate left-turn lane, three (3) through lanes and a separate
right-turn,
Panama Lane at Old River Road
· Restripe/widen the northbound approach, south leg, from a
separate left-turn lane, two (2) through lanes and a separate right-
turn lane to dual (2) left-turn lanes, two (2) through lanes and a
separate right-turn,
· Restripe/widen the southbound approach, north leg, from a
separate left-turn lane, two (2) through lanes and a separate right-
turn lane to dual (2) left-turn lanes, two (2) through lanes and a
separate right-turn.
The project Project's Fair Share Percentages for the proposed mitigation
detailed above are as follows:
· Stockdale Highway at Old River Road: 3,60%,
· Panama Lane at Buena Vista: 22.32%,
· Panama Lane at Ole River Road: 2,55%,
14, 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 Buena Vista Road,
McCutchen Road, to Arterial standards and Berkshire 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 GPAlZC area is submitted, dedication can be provided with
the m'3p,
b, A comprehensive drainage study to be submitted to and approved
by the City Engineer, Site any drainage retention facility on the
periphery of the GPAlZC area to facilitate future expansion or
consolidation of drainage facilities as adjacent area develops, The
study shall be approved and any required retention site and
necessary easements dedicated to the City, The City will allow no
more than one publicly-maintained sump per 80 acres, Provide an
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Exhibit A
Conditions of Approval
GPA/ZC 05-0942
easement for the ultimate retention basin site, along with necessary
easel'71ents for the transportation of drainage water to the site,
c, Submit verification to the City Engineer of the existing sewer
system's capability to accept the additional flows to be generated
through development under the new land use and zoning,
15, The alignment of McCutchen Road is to be per the adopted Metropolitan
Bakersfield General Plan Circulation Element.
16. Payment of median fees for the arterial frontage of the property within the
GPA/ZC request will be required upon development. These fees may be
paid prior to recordation of any map or approval of improvement plans,
17, 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.
18, The entire area covered by this General Plan Amendment shall be
included in the Con30lidated 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/ZC area,
19, With the development of the project area, approved, improved 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 feet
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,
20, We have reviewed the traffic study prepared by TPG Consulting for a 253
unit single family development and it appears to be adequate. Based
upon the study the following mitigation measures would be appropriate,
a,
Pay tl1e proportionate share of the following mitigation measures
(not paid for by the Regional Transportation Impact Fee nor
included willi normal development improvements) as indicated in
the traffic study, An estimate and fee schedule should be
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Exhibit A
Conditions of Approval
GPA/ZC 05-0942
developed by the applicant and approved prior to recordation of a
map or issuance of a building permit. Proportionate shares from
the study are as follows:
I. Old River Road & Stockdale Highway, restripe and widen to
provide on the west bound approach - 3 left turn lanes, 4
through lanes and 1 right turn lane, 3,60% share, Note, this
mitigation goes beyond current standards, alternate fonms of
mitigation may be considered when needed at the 2025
study horizon, these fees would contribute toward that future
mitigation,
ii. Panama Lane & Buena Vista Road, restripe and widen to
provide: on the east bound approach - 1 left turn lane, 3
through lanes, 1 right turn lane; on the west bound approach
- 1 left turn lane, 3 through lanes, 1 right turn lane, 22,32%
project share,
iii. Old River Road & Panama Lane, restripe and widen to
provide: on the north bound approach - 2 left turn lanes, 2
through lanes, 1 right turn lane; on the south bound
approach - 2 left turn lanes, 2 through lanes, 1 right turn
lane, 2,55% project share,
21, Pay the standard fixed rate residential fees as adopted at time of
development.
Citv Attornev Cond;tion:
22. 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
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
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Exhibit A
Conditions of Approval
GPNZC 05-0942
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
BEING THAT PORTION OF-THE SOUTHWEST QUARTER OF SECTION 30 AND THE
NORTHWEST QUARTER OF SECTION 31, TOWNSHIP 30 SOUTH, RANGE 27 EAST, M.D.M.,
COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 30, SAID POINT
ALSO BEING THE NORTHWEST CORNER OF PARCEL "A" OF LOT LINE ADJUSTMENT NO.
84-97 AS EVIDENCED BY THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED
JANUARY 6, 199B AS DOCUMENT NO. 0198000B70, OFFICIAL RECORDS, IN THE OFFICE
OF THE KERN COUNTY RECORDER; THENCE SOUTH 89"08'52" EAST, ALONG THE
NORTH LINE OF SAID PARCEL "A" AND THE EAST-WEST MID-SECTION LINE OF SAID
SECTION 30, A DISTANCE OF 30,DO FEET TO THE POINT OF BEGINNING; THENCE ALONG
THE FOLLOWING SIX (6) COURSES:
1) SOUTH 89°08'52" EAST, CONTINUING ALONG SAID NORTH LINE AND
SAID EAST-WEST MID-SECTION LINE, A DISTANCE OF 1,254.44 FEET
TO THE NORTHEAST CORNER OF SAID PARCEL" A"; THENCE
2) DEPARTING SAID EAST-WEST MID-SECTION LINE, SOUTH 00°56'49"
WEST, ALONG THE EAST LINES OF PARCELS "A", "B" AND "C' OF SAID
LOT LINE ADJUSTMENT NO. 84-97, A DISTANCE OF 2,745.97 FEET TO A
POINT ON THE NORTH RIGHT-OF-WAY LINE OF McCUTCHEN ROAD;
THENCE
3) NORTH 88°20'30" WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, A
DISTANCE OF 1,219.43 FEET TO A POINT ON THE WEST LINE OF
PARCEL "C" OF SAID LOT liNE ADJUSTMENT NO. 84-97; THENCE
4) NORTH 09°06'30" WEST, ALONG SAID WEST LINE, A DISTANCE OF
89.56 FEET TO AN ANGLE POINT IN SAID WEST liNE; THENCE
5) NORTH 89°06'30" WEST, CONTINUING ALONG SAID WEST LINE, A
DISTANCE OF 21.48 FEET TO A POINT 30.00 FEET EASTERLY, AS
MEASURED AT RIGHT ANGLES TO THE WEST liNE OF SAID
SOUTHWEST QUARTER, SAID POINT BEING ON THE EAST RIGHT-OF-
WAY LINE OF BUENA VISTA ROAD; THENCE
6) NORTH 00°59'27" EAST, PARALLEL WITH SAID WEST LINE AND ALONG
SAID EAST RIGHT-OF-WAY liNE, A DISTANCE OF 2640.59 FEET TO THE
POINT OF BEGINNING.
MciNTOSH & ASSOCIATES
2001 Wheelan Court
Bakersfield, CA 93309
(661) 834-4814
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ORI(.;INAI
CONTAINING 78.83 ACRES, MORE OR LESS.
P:\PROJECTSI04170ILEGALSI04I 70ANNEJWOC JLMlBDM &12312005
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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. 4293 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,
123-30 AS RECOMMENDED BY THE PLANNING COMMISSION
AND BY CHANGING THE PREZONING FROM A (AGRICULTURE)
TO R-1 (ONE FAMILY DWELLING) ZONE ON 80 ACRES, LOCATED
AT THE NORTHEAST CORNER OF MCCUTCHEN ROAD AND
BUENA VISTA ROAD (ZC 05-0942)
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
BY:. ~L
DEPU Cit Clerk .
S:\DOCUMENnFORMSIAOP. ORD. wpd
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ORIGINAL