HomeMy WebLinkAboutORD NO 4317
ORDINANCE NO. 1: S 1 '7
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION
AND AMENDING SECTION 17.06.020 (ZONE MAP NO. 102-06)
OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL
CODE BY CHANGING THE ZONING FROM A (AGRICULTURE)
TO C-1 (NEIGHBORHOOD COMMERCIAL) ON 15.3± ACRES
AND FROM A (AGRICULTURE) TO R-2 (LIMITED MULTIPLE
FAMILY DWELLING) ON 23.45± ACRES, LOCATED AT THE
SOUTHWEST CORNER OF 7TH STANDARD ROAD AND
CALLOWAY DRIVE (FILE NO. 05-1165).
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 located at the southwest corner of 7'" Standard Road and Calloway Drive, as shown
on attached Exhibit "B;" and
WHEREAS, by Resolution No. 21-06 on January 19, 2006 the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve Zone Change No, 05-1165 as delineated on attached Zoning Map
No. 102-06 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 A (Agriculture) to C-1
(neighborhood Commercial) on 15.3± acres and from A (Agriculture) to R-2 (Limited Multiple
Family Dwelling) on 23.45± acres 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 December 16,
2005, and again on January 4, 2006, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows for commercial and
low medium density residential development; and
WHEREAS, the City Council has considered and hereby makes the following
findings:
1, All required public notices have been given
2. The provisions of the California Environmental Quality Act (CEQA) have
been followed.
3. The public necessity, general welfare and good zoning practice justify the
requested change of zone from A (Agriculture) to C-1 (neighborhood
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Commercial) on 15.3± acres and from A (Agriculture) to R-2 (Limited
Multiple Family Dwelling) on 23.45± acres.
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; and
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 in said City, the boundaries of which property is shown on Zoning Map. No, 102-06
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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Council of
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I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by the
the O,Çity of Bakersfield at a regular meeting thereof held on
II 20 6 by the following vote:
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COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN,
SCfIDlNER
COUNCILMEMBER
COUNCILMEMBER
ABSTAIN:
COUNCILMEMBER
ABSENT:
PAMELA A. McCARTHY, CM
CITY CLERK and Ex Officio CI
Council of the City of Bakersfield
MAR 8 2006
HARV Y L. ALL
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
By: /3iudJ' in ~
Exhibits:
A. Conditions.
B. Location Map.
C. Zone Map
D. Legal Description
LP I S:\ZoneChangeI05--1165ICCIOZC-CC.DOC
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EXHIBIT "A"
CONDITIONS OF APPROVAL
ZONE CHANGE #05-1165
PUBLIC WORKS
1, Seventh Standard Road is classified as an expressway. Access to it is restricted, The only
access to the commercial corner will be from Calloway Road. No access will be allowed from
Seventh Standard. 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 Seventh Standard and Calloway Road(s) to expressway
and 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. 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 map.
b. This GPAlZC area is too small to support it's 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 it's
proportionate share of the necessary ultimate storm drainage facilities.
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 formation of a Planned Sewer Area and/or an Assessment District to provide
a mechanism for the reimbursement of oversizing costs to the developer.
d. In order to preserve the permeability of the sump and to prevent the introduction of
sediments from construction or from storm events, all retention and detention basins (sumps)
shall have a mechanical device in the storm drain system to remove or minimize the
introduction of oil, grease, trash, and sediments to the sump. This device shall be reviewed
and approved by the City Engineer, and shall provide the greatest benefit to the storm drain
system with the least maintenance cost.
2. 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 GPA area.
3. Payment of median fees for the arterial and expressway frontage of the property within the
GPAlZC request is required prior to recordation of any map or approval of any improvement plan
for the GPAlZC area,
PLANNING
Air Quality Mitigation Measures from report prepared by W.Z.I" Inc.July 2005:
4, Mitigation Measures for Construction Equipment Exhaust:
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ZC 05-1165
Page 2 of 3
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:
· Properly and routinely, maintain all construction equipment, as recommended by
manufacturer manuals, to control exhaust emissions.
· Shut down equipment when not in use for extended periods of time to reduce emissions
associated with idling engines.
· Encourage ride sharing and use of transit transportation for construction employee
commuting to the project sites.
· Use electric equipment for construction whenever possible in lieu of fossil fuel-fired
equipment.
· 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.
5. Mitigation Measures for Fugitive Dust Emissions
Construction of the project requires the implementation of control measures 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:
· 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.
· All onsite unpaved roads and offsite unpaved access roads shall be effectively stabilized of
dust emissions using water or chemical stabilizer/suppressant.
· 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.
· 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.
· 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)
· 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.
· 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.
· Any site with 150 or more vehicle trips per day shall prevent carryout and trackout.
· 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.
LP / S:\ZoneChangeI05-11651EXH 1. doc
February 7, 2006
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ZC 05,1165
Page 3 of 3
· Cease grading activities during periods of high winds (greater than 20 mph over a one-hour
period).
· Limit construction-related vehicle speeds to 15 mph on all unpaved areas at the
constructions site,
· Implementation of carryoutltrackout mitigation measures, such as gravel pads, in
accordance with the requirements of SJVUAPCD Regulation VIII.
6. The following mitigation measures can be utilized during the operations phase of the project to
reduce emissions:
. Homes shall be designed to exclude fireplaces.
. To encourage pedestrian traffic, prior to completion of the construction phase, the
developer shall install sidewalks throughout the project.
7. If during construction activities or ground disturbance, cultural resources are uncovered, the
subdivider shall stop work and retain a qualified archeologist for further study. Subdivider shall
notify the proper authorities and be subject to any mitigation measures required of the
archeologist.
Mitigation measure as recommended in a Cultural Resources Study prepared by Robert A.
Schiffman, dated May 2005.
CITY ATTORNEY
8. 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.
LP / S:\ZoneChangeI05-11651EXH 1.doc
February 7, 2006
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EXHIBIT 0
Zone Change
Legal Deseription
From Agriculture to Commercial
Parcel A:
Being a portion of parcel I of Parcel Map Waiver No. 10-95, as evidenced by a
Certificate of Compliance, recorded November 21, 1996, as Document No. 0196151074,
of official records, in the office of the Kern County recorder; also being all the Northeast
y. of the Northeast Y. of Section 6, Township 29 South, Range 27 East, M.D.M. & M., in
the County of Kern, State of California.
The Eastern 843.57 feet of the Northern 795.04 feet of the Northeast Y. of the Northeast
y. of said Section 6.
Contains
15.3D± Acres
From Agriculture to R-2
Parcel B:
Being a portion of parcel 1 of Parcel Map Waiver No. 10-95, as evidenced by a
Certificate of Compliance, recorded November 21, 1996, as Document No. 0196151074,
of official records, in the office of the Kern County recorder; also being all the Northeast
y. of the Northeast Y. of Section 6, Township 29 South, Range 27 East, M.D.M. & M., in
the County of Kern, State of California.
Excepting thereftorn the Eastern 843.57 feet of the Northern 795.04 feet of the Northeast
y. of the Northeast Y. of said Section 6.
Contains
23.45± 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 .JillL day of March, 2006 she posted on the Bulletin Board at City Hall,
a full, true and correct copy of the following: Ordinance No. 4317 passed by the
Bakersfield City Council at a meeting held on the 8th day of March, 2006 and entitled:
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING
SECTION 17,06.020 (ZONE MAP NO. 102-06) OF TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM
A (AGRICULTURE) TO C-1 (NEIGHBORHOOD COMMERCIAL) ON 15,3±
ACRES AND FROM A (AGRICULTURE) TO R-2 (LIMITED MULTIPLE FAMILY
DWELLING) ON 23.45± ACRES, LOCATED AT THE SOUTHWEST CORNER
OF 7TH STANDARD ROAD AND CALLOWAY DRIVE (FILE NO, 05-1165)
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
BY:~~iì ~~,dL
DEPU Cit Clerk
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