HomeMy WebLinkAboutORD NO 4324
ORDINANCE NO.
:4924
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO.
102-05 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 NORTH OF SNOW ROAD, GENERALLY
BETWEEN COFFEE ROAD AND CALLOWAY DRIVE. (ZC 05-
0931) (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 Oak Tree Development Co., Inc. to change the land use zoning
of those certain property being annexed to the City of Bakersfield located north of Snow Road,
generally between Coffee Road and Calloway Drive; and
WHEREAS, by Resolution No. 207-05 on December 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 on 80 acres 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 on 80 acres
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
November 17, 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 north of Snow Road, generally between Coffee Road and Calloway Drive.
6. The project site, with prior approval of General Plan Amendment No. 05-0931, 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. 05-0931.
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. 05-0931,
10. That Zone Change No. 05-0931 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) zone on 80 acres on Map No. 102-05, of that certain property being
annexed to the City of Bakersfield as described in Exhibit "C" herein attached.
12. That Zone Change No. 05-0931, 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.Q931,
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,
05-0931.
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 MAR 8 7006 , by the
following vote:
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ABSTAIN:
ABSENT:
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COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
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PAMELA A. McCARTHY, CMC ....
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
MAR 8 2006
HARVEY L. ALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By: V4ᒣJ~
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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
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EXHIBIT A
Conditions of Approval
General Plan Amendment/Zone Change No. 05-0931
Air Qualitv Mitioation Measures:
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 latest URBEMIS 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:
1. The following mitigation measures can be utilized during the construction
phase of the project to reduce construction exhaust emissions:
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.
2. 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 this project:
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
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Exhibit A
Conditions of Approval
GPNZC 05-0931
Page 2 of 8
stabilizer/suppressant, covered with a tarp or other suitable cover
or vegetative ground cover.
b) All on-site unpaved roads and off-site 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 and fill, and demolition activities shall be effectively
controlled of fugitive dust emissions utilizing application of water or
by presoaking.
d) When materials are transported off-site, all materials 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 arterials
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 track out shall be immediately removed when it
extends 50 or more feet from the site and at the end of each
workday.
h) Any site with 150 or more vehicle trips per day shall prevent
carryout and track out.
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.
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Exhibit A
Conditions of Approval
GPNZC 05-0931
Page 3 of 8
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
areas at the construction site,
I) Implementation of carryout/trackout mitigation measures, such as
gravel pads, in accordance with the requirements of SJVAPCD
Regulation VIII.
Cultural Impact Mitiqation Measures:
3. If subsurface archaeological resources are unearthed during future
construction activity, work shall stop in the areas of the discovery until the
finds can be evaluated, If determined necessary, impacts to significant
cultural resources shall be mitigated prior to the resumption of
development.
4. 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.
5. The following tables indicate mitigation recommended by the Traffic Study
submitted for the project.
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Exhibit A
Conditions of Approval
GPA/ZC 05-0931
Page 4 of 8
FUTURE INTERSECTION IMPROVEMENTS AND LOCAL MITIGATION
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Coffee Rd & 7 Install Signal -2 EBL, 2 EBT, 1.01%
Standard Rd 1 EBR, 1 WBL, 2 WBT, 2 NBL, 1 EBL, 1 WBT, 2 SBL (1.36%)
1 NBR, 1 SBL
2 Calloway Dr & Install Signal- 1 EBL, 1 EBL
Etchart Rd 1 NBL, 1 SBL
5 Coffee Rd & 1 EBR, 1 NBT, 1 SBT 1 EBR
Etchart Rd
6 Calloway Dr & Install Signal - 1 EBL, 1 WBL,
Snow Rd 1 NBL, 1 NBT, 1 SBL, 1 SBT
7 Quail Creek Rd & Install Signal - 1 EBL, 1 NBL, 1 SBL
Snow Rd 1 WBL, 1 NBL, 1 SBL
Project Entrance 1 EBT, 1 WBT
8 & Snow Rd
Coffee Rd & Install Signal- 1 EBL, 1 WBL,
9 Snow Rd 1 WBT, 1 NBL, 1 NBT,
1 SBL, 1 SBT
Coffee Rd & Install Signal- 1 EBL, 1 EBL, 1 WBL, 1 NBL, 1 2.49%
10 Norris Rd 1 WBL, 1 NBL, 1 NBT, NBT (5.23%)
1 SBL, 1 SBT
11 Coffee Rd & 1 EBL, 1 EBT,
Olive Dr 1 WBL, 1 WBT
Notes: NB = Northbound L = Left Turn Lane % = Caltrans Percent Share Calculation
S8 :; Southbound T = Through Lane
WB = Westbound R = Right Turn Lane
EB - Eastbound
FUTURE ROADWAY IMPROVEMENTS AND LOCAL MITIGATION
7 Standard Rd: Jewetta Ave to
Coffee Road
7 Standard Rd: Coffee Rd to
Golden State Ave
Snow Rd: Calloway Dr to Golden
State Ave
Norris Rd: Coffee Rd to Fruitvale
Rd
Calloway Dr: Snow Rd to Norris
Rd
Coffee Rd: Snow Rd to Olive Dr
Add 2 lanes
Add 4 lanes
Add 2 lanes
Add 2 lanes
Add 2 lanes
Add 2 lanes
Add 2 lanes
Add 2 lanes
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Exhibit A
Conditions of Approval
GPNZC 05-0931
Page 5 of 8
Public Works Conditions:
6. 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 Etchart Road to collector 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 GPNZC area is submitted,
dedication can be provided with the map.
b) Submit a comprehensive drainage study to be submitted to and
approved by the City Engineer, One sump per 80 acres will be
allowed, Site any drainage retention facility on the periphery of the
GPA 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. Provide soil tests for the retention site to
show it will drain within the required time period and submit an
easement for the ultimate retention basin site, along with necessary
easements for the transportation of drainage water to the site.
c) 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.
7. The GPNZC area is within the service area of the North of River Sanitary
District No. 1 (NORSD). 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
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Exhibit A
Conditions of Approval
GPNZC 05-0931
Page 6 of 8
public right-of-way shall require an Open Street Permit and be as per the
City of Bakersfield's adopted standards.
8. Development of this GPNZC area will require the improvements of Snow
Road and Etchart Road along the frontage of the GPNZC area to arterial
and collector standards, The timing of these improvements can be
addressed when a tentative map is submitted.
9. If the existing irrigation ditch on the north side of Snow Road is to remain it
is to be relocated out side of the ultimate right of way. Consent to
Common Use Agreement will be required between the ditch owner and
the City for any crossing of any future street.
10, The Seventh Standard Road and Coffee Road crossing of the Lerdo
Canal need widening. Developer shall pay their proportionate share of the
cost and shall aid in the formation of a Major Bridge and Thoroughfare
District for the widening of the crossings.
11. Access to the arterial 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.
12. Payment of median fees for the arterial frontage of the property within the
GPNZC request. These fees shall be paid prior to recordation of any map
or approval of any improvement plan for the GPNZC area.
13. 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.
14. Pay the proportionate share of the following mitigation measures (not paid
for by the Regional Transportation Impact Fee nor included with normal
development improvements) as indicated in Tables 7 and 8 of the traffic
study. An estimate and fee schedule should be developed by the
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Exhibit A
Conditions of Approval
GPAlZC 05-0931
Page 7 of 8
applicant and approved prior to recordation of a map or issuance of a
building permit. Proportionate shares based PM peak trips from study as
follows:
a) Coffee Rd & Seventh Standard Rd, Add 1 EBT, 1 WBT, 2 SBL,
1.36% share.
b) Calloway Dr & Etchart Rd, Add 1 EBL, 2.72% share,
c) Coffee Rd & Etchart Rd, Add 1 EBR, 8.77% share.
d) Quail Creek Rd & Snow Rd, Add 1 NBL, 1 SBL, 3.67% share.
e) Coffee Rd & Norris Rd, Add 1 EBL, 1 WBL, 1 NBL, 1 NBT, 5.23%
share.
f) Seventh Standard Rd, Coffee Rd to Golden State Ave, Add 2 lanes,
1.71% share.
g) Norris Rd, Coffee Rd to Fruitvale Ave, Add 2 lanes, 3.28% share.
Notes: NB - north bound, SB - south bound, WB - west bound, EB - east
bound, L - Left turn lane, T - Through lane, R - Right turn lane,
Regional Transportation Impact Fee
15, Pay the standard residential fees, as adopted at time of development.
Citv Attornev Condition:
16. 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.
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Exhibit A
Conditions of Approval
GPA/ZC 05-0931
Page 8 of 8
17. 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 part.
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Map
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Exhibit C
Legal Description
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Legal Description
From A to R-1:
Being Lots 18, 19,31 and a portion of 30 of the Sales Map of Lands of Kern
County Land Company, recorded May 2, 1894, in the office of the Kern County
recorder, of said Section 5, Township 29 South, Range 27 East, Mount Diablo
Base and Meridian, in the County of Kern, State of California.
Contains: 80 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 --ª1b.... day of March, 2006 she posted on the Bulletin Board at City Hall,
a full, true and correct copy of the following; Ordinance No, 4324 passed by the
Bakersfield City Council at a meeting held on the 8th day of March, 2006 and entitled:
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD
MUNICIPAL CODE AND ZONING MAP NO.1 02-05 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 NORTH OF SNOW ROAD, GENERALLY BETWEEN COFFEE
ROAD AND CALLOWAY DRIVE (ZC 05-0931) (WARD 4)
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
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DEPU City lerk
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