HomeMy WebLinkAboutORD NO 4307
ORDINANCE NO. 4 3 0 '2'
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND
AMENDING SECTION 17.06.020 (ZONE MAP NO. 104-07) OF
TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE
BY CHANGING THE ZONING FROM AN RS 2 Y, ACRE
(RESIDENTIAL SUBURBAN 2 Y, ACRE MINIMUM LOT SIZE)
ZONE TO AN R-1 (ONE FAMILY DWELLING) ZONE ON 20
ACRES AND FROM AN RS 2 Y, AC (RESIDENTIAL SUBURBAN
2 Y, ACRE MINIMUM LOT SIZE) ZONE C-2 (REGIONAL
COMMERCIAL) ZONE ON 20 ACRES GENERALLY LOCATED
ON THE NORTH SIDE OF PALADINO, APPROXIMATELY Y.
MILE EAST OF MORNING DRIVE (FILE # 05-0341)
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 to change the land use zoning of those certain properties in the City of
Bakersfield generally located on the north side of Paladino, approximately Y. mile east of
Morning Drive, shown on attached Exhibit "B;" and
WHEREAS, by Resolution No. 165-05 on November 17, 2005, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve Zone Change No. 05-0341 as delineated on attached Zoning Map
No. 104-07 marked Exhibit "C", by this Council 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 changes in zoning of the subject property from an R-S 2 Y, Ac
(Residential Suburban 2 Y, Acre Minimum Lot Size) zone to an R-1 (One Family Dwelling) zone
on 20 acres, and from an R-S 2 Y, Ac (Residential Suburban 2 Y, Acre Minimum Lot Size) zone
to a C-2 (Regional Commercial) zone, 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, Planning Commission and this Council; and
WHEREAS, a Negative Declaration was advertised and posted on October 27,
2005, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows residential and
commercial development, respectively; and
findings:
WHEREAS, the City Council has considered and hereby makes the following
1. All required public notices have been given
2. The provisions of the California Environmental Quality Act (CEQA) have
been followed.
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3. The public necessity, general welfare and good zoning practice justify the
requested change of zone from the existing zoning district to R-1 and C-2
zones.
4. The overall design of the project, as conditioned, is consistent with the
goals and policies of all elements of the general plan.
5. The conditions of approval, attached hereto as Exhibit "1" are needed to
provide for orderly development, and the public health, welfare and
safety.
SECTION 1.
as follows:
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield
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 in said City, the boundaries of which property is shown on Zoning Map. NO.1 04-07
marked Exhibit "C" attached hereto and made a part hereof, and are more specifically described
in attached Exhibit "D ".
4. Such zone change is hereby made subject to the conditions of approval
listed in attached Exhibit "A".
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
'A'" ? !; 7006 by the following vote:
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NOES:
ABSTAIN:
ABSENT:
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COUNCILMEMBER COUCH. CARSON, BENHAM. MAGGARD, HANSON. SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
APPROVED JAN ~ 5 2006
HAR EY L. HALL
Mayor of the City of Bakersfi
APPROVED as to form
VIRGINIA GENNARO
City Attorney
By: I};(d/yz. ~
Exhibits:
A. Conditions.
B. Location Map.
C. Zone Map 104-07.
D. Legal Description.
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December 9, 2005
PAMELA A. McCARTHY,
CITY CLERK and Ex Officio lerk of the
Council of the City of Bakersfield
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EXHIBIT "A"
CONDITIONS OF APPROVAL
ZONE CHANGE NO. 05-0341
PUBLIC WORKS
1. 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 the adopted Specific Plan line of Morning Drive and
for Paladino Drive to arterial standards for the full frontage of the area within the GPA
request. Dedications shall include sufficient widths for expanded intersections and
additional areas for landscaping as directed by the City Engineer. Provide fully executed
dedication for Rivani Drive and Paladino Drive. Submit a current title report with the
dedication documents. If a tentative subdivision map over the entire Zone Change area is
submitted, dedication can be provided with the map.
b. This Zone Change area is too small to support its own storm drainage sump. For storm
drainage, only 1 sump will be allowed to serve the entire Zone Change area. This sump
must be located on the periphery of the Zone Change area so that additional area may be
served. The City's policy is no more than one sump per 80 acres of residential
development. The developer shall cooperate in the formation of a Planned Drainage Area
over the north half of the section.
c. Sewer service must be provided to the Zone Change area. 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.
2. The entire area covered by this Zone Change 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 Zone Change area.
3. Developer shall pay median fees for Paladino Drive and Morning Drive within the boundaries of the
Zone Change area. The payment of these fees may be phased to match the construction phasing of
the project.
4. 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.
5. The Zone Change area shall enter into a major bridge and thoroughfare district for the construction of
Morning Drive.
TRAFFIC
6. Upon the first subdivision or development of all or portion of the zone change area the alignment
of Rivani Drive shall be set in accordance with the requirements of the City Engineer to provide
the connection between Tentative Tracts 6426 and 6575.
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Exhibit A
Zone Change # 05-0341
Page 2 of 4
7. The Class 1 bikeway connection along the north side of Paladino Drive and extending north on
the Rivani Drive (Old Morning Drive alignment shall) be maintained either on it's present
alignment and incorporated into future development or an acceptable alternative shall be
developed which maintains the current connectivity. All applicable approvals shall be obtained
from the City Engineer for any re-alignment. (Note: A Class 2 bike lane and separate multi-use
trail required along Rivani Drive per the Northeast Bakersfield Parks and Trails Plan.)
8. The Old Morning Drive alignment cannot be abandoned if landlocked parcels are created
because of the abandonment.
CITY ATTORNEY
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 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 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.
PLANNING
10. Upon subdivision or submittal of other development application, whichever occurs first, developer
shall provide for the Class 2 bike lane and a separate multi-use trail (minimum 28 feet wide) as
required in the Northeast Bakersfield Parks and Trails Plan. The multi-use trail shall be designed to
make a smooth transition from the r-1 zoning to the commercial zoning. No wall is required for the
multi-use trail through the commercial zone.
MITIGATION MEASURES
Air Qualitv (from "Air Quality Analysis" (September 21, 2005) by Joe O'Bannon)
11. Whereas adherence to the Regulation VIII requirements is required and has been deemed sufficient
to reduce the level of adverse effects from construction dust to less than significant by the
SJVAPCD, the following Best Management Practices (BMP's) may also be established to mitigate
temporary construction emissions. If the following BMPs are established, they should be initiated at
the start of the project and maintained throughout the duration of the construction or grading
activity, including any construction or grading for road construction or maintenance: 'f>1IKf::
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Exhibit A
Zone Change # 05-0341
Page 3 of 4
1) Construction equipment exhaust emissions shall not exceed SJVAPCD Rule 4101 Visible
Emission limitations.
2) Unpaved areas subject to vehicle traffic will be watered twice daily or more frequently as
needed.
3) The speed of any vehicles and equipment traveling across unpaved areas must be no more
than 15 miles per.
4) Storage piles and disturbed areas not subject to vehicular traffic must be stabilized by being
kept wet, treated with a chemical dust suppressant, or covered when material is not being
added to or removed from the pile.
5) Prior to any ground disturbance, including grading, excavating, and land clearing, sufficient
water must be applied to the area to be disturbed to prevent emissions of fugitive dust from
being airborne beyond the property line from which the emission originates.
6) To prevent track-out, wheel washers should be installed where project vehicles and/or
equipment exit onto paved streets from unpaved roads. Alternatively, a gravel bed may be
installed as appropriate at vehicle/equipment site exit pOints to effectively remove soil
buildup on tires and tracks to prevent/diminish track-out.
7) Suspend all grading operations when fugitive dusts exceed SJVAPCD Regulation VIII Fugitive
Dust limitations.
8) No trucks are allowed to transport excavated material off-site unless the trucks are
maintained such that no spillage can occur from holes or other openings in cargo
compartments, and loads are either: covered with tarps; or wetted and loaded such that the
material does not touch the front, back, or sides of the cargo compartment at any point less
than six inches from the top and that no point of the load extends above the top of the cargo
compartment.
9) No open burning of removed vegetation during construction activity. Vegetative materials
shall be chipped or removed to waste-to-energy facilities.
10) Sweep (with water sweepers) paved streets adjacent to the project construction site as
needed to remove accumulated dust.
11) Use low sulfur fuel for stationary construction equipment if applicable.
12) Utilize existing power sources or clean fuel (natural gas or low-sulfur diesel) generators
rather than temporary power generators, when practicable.
13) Minimize idling time to 5 minutes for all diesel-powered equipment.
14) Ensure that all mobile and stationary internal combustion engine equipment is properly
maintained and well-tuned according to manufacturer's specifications.
15) Clean earth moving construction equipment with water once per day.
16) An operational water truck shall be onsite at all times. Apply water to control dust as
required per SJVAPCD Regulation VIII.
Bioloqical (from "Biological Assessment (June 8,2005) by Paul Pruett & Associates)
12.
Provide information to construction personnel regarding sensitive species, including kit fox,
identification and avoidance techniques.
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Exhibit A
Zone Change # 05-0341
Page 4 of 4
13. A protocol level Blunt-Nosed Leopard lizard survey shall be conducted on the 9.61 acres east of
proposed Rivani Drive (Old Morning Drive alignment) prior to ground disturbance. A copy of the
survey shall be submitted to the Planning Department.
14. Submit a preconstruction clearance survey to be conducted within 30 days of initial ground
disturbance in accordance with the provision of the MBHCP. The pre-construction clearance survey
shall be conducted no more than at 50 foot intervals.
Cultural (Phase 1 Cultural Resource Survey was conducted by Hudlow Cultural Resource)
15. If cultural resources are uncovered during ground disturbance, a qualified archeologist shall be
consulted.
Paleontoloaical
16. Prior to grading and/or earth-disturbing activities at elevations between 600 and 700 feet,
subdivider shall:
16.1. Submit a map delineating the areas within 600 and 700 feet elevation of the
subdivision to be disturbed.
16.1.2 Retain a qualified paleontologist to attend a pre-grading meeting, and set
forth the procedures to be followed during the monitoring program.
16.1.3 A full-time paleontological monitor that is trained and equipped to allow rapid
removal of fossils with minimal construction delay shall be on the project site
during ground disturbance activities within 600 and 700 feet elevation.
16.2. If fossils are found within an area being cleared or graded, earth-disturbing activities
shall be diverted elsewhere until the monitor has completed salvage of the fossils. If
construction personnel make the discovery, the grading contractor shall immediately
divert construction and call the monitor to the site for fossil salvage.
16.3. The project paleontologist shall prepare, identify and curate all recovered fossils. Upon
completion of grading, the project paleontologist shall prepare a summary report documenting
mitigation measures and results, with itemized inventory of collected specimens. Paleontologist
shall submit the report to the City of Bakersfield, and any other appropriate agency, and transfer
fossil collection to an appropriate depository.
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EXHIBIT "C"
ZONE CHANGE 05-0341
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ZONING MAP
EXHIBIT "D"
ZONE CHANGE NO. 05-0341
Page 1 of 3
ZONE CHANGE "RS 2Yz A" TO "R-l"
LEGAL DESCRIPTION
BEING A PORTION OF PARCEL MAP 2879, RECORDED IN BOOK 15 OF PARCEL MAPS AT
PAGE 57, DATED FEBRUARY 3, 1976. ALSO BEING A DIVISION OF PARCEL 4 OF PARCEL MAP
2583 RECORDED IN BOOK 13 OF PARCEL MAPS AT PAGE 22. ALSO BEING A PORTION OF
THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 29 SOUTH, RANGE 29 EAST, M.D.B.M.,
IN THE COUNTY OF KERN, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
AREA 1
ALL THAT PORTION OF PARCEL "C" AND "D" OF SAID PARCEL MAP 2879, LYING WITHIN
THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 7, TOWNSHIP 29 SOUTH, RANGE 29 EAST, M.D.B.M., IN THE COUNTY OF KERN,
ST ATE OF CALIFORNIA
CONTAINING 20.00 ACRES, MORE OF LESS
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ZONE CHANGE NO. 05-0341
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ZONE CHANGE "RS 2Yz A" TO "C-2"
LEGAL DESCRIPTION
BEING A PORTION OF PARCEL MAP 2879, RECORDED IN BOOK IS OF PARCEL MAPS AT
PAGE 57, DATED FEBRUARY 3, 1976. ALSO BEING A DIVISION OF PARCEL 4 OF PARCEL MAP
2583 RECORDED IN BOOK 13 OF PARCEL MAPS AT PAGE 22. ALSO BEING A PORTION OF
THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 29 SOUTH, RANGE 29 EAST, M.D.B.M.,
IN THE COUNTY OF KERN, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
AREA 2
ALL THAT PORTION OF PARCEL "C" AND "D" OF SAID PARCEL MAP 2879, LYING WITHIN
THE SOUTH HALF OF 1HE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 7, TOWNSHIP 29 SOUTH, RANGE 29 EAST, M.D.B.M., IN THE COUNTY OF KERN,
STATE OF CALIFORNIA
CONTAINING 20.00 ACRES, MORE OF LESS
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EXHIBIT "D"
ZONE CHANGE NO. 05-0341
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BEING A PORTION OF THE SOUTHEAST QUARTER OF SECTION 7,
TOWNSHIP 29 SOUTH, RANGE 29 EAST, M.D.B.M., IN THE COUNTY OF
KERN, STATE OF CALIFORNIA
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EMGII__ID. . PLANNItO . 8UfNEYItQ . LAND DEYa.OPIIENT . CONØ1IIJC'11ON MAJI"-- -%
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 26th day of January, 2006 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4307 passed by the
Bakersfield City Council at a rneeting held on the 25th day of January 2006 and
entitled:
An Ordinance adopting a Negative Declaration & Amending Section
17.06.020 (Zone Map No. 104-07) ofTitle Seventeen of the
Bakersfield Municipal Code by changing the zoning from an RS
2 1/2 acre (Residential Suburban 2 1/2 acre rninimum lot size) Zone
to an R-1 (one family dwelling) Zone on 20 acres and frorn an RS
2 1/2 AC (Residential suburban 2 1/2 acre rninirnum lot size) Zone
C-2 (Regional Cornmercial) Zone on 20 acres generally located on
the north side of Paladino, approximately 1/4 rniles east of Morning
Drive (file #05-0341)
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By: ~ 1-~L
DEPUTY Cit Clerk
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