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Home My WebLink AboutORD NO 4328 ORDINANCE NO. 4328 AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO.123-32 AS RECOMMENDED BY THE PLANNING COMMISSION AND BY CHANGING THE PREZONING FROM A (AGRICULTURE) TO AN R-1 (ONE FAMILY DWELLING) ZONE ON 80 ACRES, LOCATED WEST OF GOSFORD ROAD, BETWEEN McCUTCHEN ROAD AND TAFT HIGHWAY. (ZC 05-0938) (Ward 6). 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 Nelson Robert D. & Darin C. Revocable Trust to change the land use zoning of those certain property in the City of Bakersfield, located west of Gosford Road, between McCutchen Road and Taft Highway; and WHEREAS, by Resolution No. 205-05 on December 15, 2005, the Planning Commission recommended approval of an ordinance to amend Title 17 of the Municipal Code from A (Agriculture) to an 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 an 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 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 November 1, 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. . M ,,'ò (01' Q <!., )... n \-- r Õ cc nPIr-II\Il\1 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 an R-1 (One Family Dwelling) zone on 80 acres, located west of Gosford Road, between McCutchen Road and Taft Highway. 6. The project site, with prior approval of General Plan Amendment No. 05-0938, 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. 05-0938. 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. 05-0938. 10. That Zone Change No. 05-0938 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 an R-1 (One Family Dwelling) zone on 80 acres on Map No. 123-32, of that certain property being annexed to the City of Bakersfield as described in Exhibit "C" herein attached. 12. That Zone Change No. 05-0938, 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'{)938. 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. 05-0938. 2 _ ~J>..K~1' ~ <f> '- -r\ >- ~ J!! ~ i:;' lRIGINAL 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. ---------000-------- 'òM¿:", eX. ''0', ....' >- - t;: J! v t:- ORIGINAl 3 I HEREBY CERTIFY that the foregoing Ordinance was passed a~~~dop~~&~~he Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: i-::Aà: NOES: ABST AI N: ABSENT: v- ~ ~ ~- -- ~ ~ COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN. SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER APPROVED MAR 8 2006 6. ffir( Á PAMELA A. McCARTHY, CMC CITY CLERK and Ex Officio Clerk Council of the City of Bakersfield HARVEY . HALL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attomey By:/~m~ Attachments: Exhibit A - Conditions of Approval Exhibit B - Map Exhibit C - Legal Description MO:djl S:\GPA 4111 2005\05-0938\Resolutionslozc-cc,doc 4 <,. <PÄK(-1 o ò) :>- ;::' ¡- r1"': - c- o t' r""¡OJt;Ip.,I^' Exhibit A Conditions of Approval <,. ~A Kt',-y () (F >- !' \-- rr - ,.. c.J () OP"''''AI -"-"'-~~-----'~---"-~------'-~-' EXHIBIT A Conditions of Approval General Plan Amendment/Zone Change No. 05-0938 Air Qualitv Mitiqation 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 '< úAK(-L' (' '0> - '" >- - m r- 'J C) 'ìRlr-!M^' '= Exhibit A Conditions of Approval GPA/ZC 05-0938 Page 2 of 7 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 sta bi I izer/ su pp ressa nt. 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 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 trackout. 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. ,.1'>111<:1"", ò' '<f: ).... ~ \-- m - r- I::> () f)~Ir;INAI Exhibit A Conditions of Approval GPNZC 05-0938 Page 3 of 7 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 carryouUtrackout mitigation measures, such as gravel pads, in accordance with the requirements of SJVAPCD Regulation VIII. Cultural Impact Mitioation Measures: 3. If subsurface archaeological remains be unearthed during future construction activity, work in the area of discovery shall be stopped until the finds can be evaluated. If necessary, impacts to significant cultural resources shall be mitigated prior to 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. Traffic Mitioation Measures: 5. The following was recommended by the Traffic Study submitted for the project: . 'OM 1:'..,(, ~ t...r o <P )... ~ \-- m - c- o CJ ()RIf.:INAI Exhibit A Conditions of Approval GPA/ZC 05-0938 Page 4 of 7 Future Intersection Improvements and Local Mitigation Local Mitigation Project Total Improvements Share for # Intersection Required by 2025 (Improvements not Local covered by RTIF) Mitiaation 1 Gosford Rd & Harris Configure WBR to 3.39% Rd Permitted Overlao - Gosford Rd & 2 EBL, 2 EBT, 2 WBL, 2 1 EBT, 1 WBT, 1 2 Panama Ln WBT, 2 NBL, 2 NBT, 1 NBT 3.99% SBL, 1 SBT 3 Gosford Rd & Install Signal - 1 EBL, 1 1 EBL, 1 WBL 14.66% Berkshire Rd WBL, 1 NBL, 1 SBL Gosford Rd & Install Signal - 1 EBL, 1 4 McCutchen Rd EBT, 1 WBL, 1 WBT, 1 - - NBL, 1 NBT, 1 SBL 6 Gosford Rd & McKee Install Signal - 1 EBR, 1 1 EBR 2644% Rd NBL 8 Gosford Rd & Taft Install Signal - 1 EBT, 1 1 NBL 8.24% Hwv(SR 119) NBL, 1 SBL Notes: NB=Northbound L=Left Turn Lane SB=Southbound T=Through Lane WB=Westbound R=Right Turn Lane EB=Eastbound Future Roadway Improvements and Local Mitigation Local Mitigation Project Roadway Total Improvements (Improvements Share for Required by 2025 not covered by Local RTIF) Mitigation Gosford Road: Pacheco Road Add 2 Lanes to Berkshire Road - - Panama Lane: Buena Vista Add 2 Lanes Road to Ashe Road - - Taft Hwy (SR 119): Old River Add 2 Lanes - - Road to Stine Road Public Works Conditions: 6. Prior to approval of any development plan, improvement plan, or application for a lot line adjustment, the following shall occur: <,.~Mf"-s> a Ó' .,. )... - \-- IT _ r () e:- OP'"INAI Exhibit A Conditions of Approval GPAlZC 05-0938 Page 5 of 7 a) Provide fully executed dedication for Gosford Road 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. 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) Submit a comprehensive drainage study to be reviewed and approved by the City Engineer. No more than one (1) sump may be utilized to serve this area. The study shall be approved and any required retention site and necessary easements dedicated to the City. 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. d) 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. 7. The entire area covered by this General Plan Amendment (GPA) 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. 8. Payment of median fees for the arterial 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. "Þ,K~ '<'- <",/9 , ó' ~ '" - m - r-- , c:;, '~'''NAl Exhibit A Conditions of Approval GPA/ZC 05-0938 Page 6 of 7 9. 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. Traffic 10. Local Mitigation: 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 Table 7 of the traffic study. An estimate and fee schedule should be developed by the 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: I. Gosford Rd & Panama Ln, Add 1 EBT, 1 WBT, 1 NBT, 3.99% share ii. Gosford Rd & Berkshire Rd, Add 1 EBL, 1 WBL, 14.66% share iii. Gosford Rd & McKee Rd, Add 1 EBR, 26.55% share iv. Gosford Rd & Taft Hwy (SR 119), Add 1 NBL,8.24% Notes: NB - north bound, 5B - south bound, WB - west bound, EB - east bound L - Left turn lane, T - Through lane, R - Right turn lane Regional Transportation Impact Fee 11. Pay the standard residential fees, as adopted at time of development. City Attorney Condition: 12. 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 <,.'?,Mf,y (\ ò~ )... \-- '" Õ r; 0RiGINAI Exhibit A Conditions of Approval GPNZC 05-0938 Page 7 of 7 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. 13. 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. 14. 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. 15. The approval of this project is subject to the cancellation of the Williamson Act Contract. Prior to any subsequent development of the project site, the developer shall provide proof, to the satisfaction of the Planning Director, that cancellation is complete. MO:jm S:\GPA 4th 2005\05-0938\Adm Staff Rept\Exh A cond.doc 'ò¡>'Kê", '< 'T., a v' .., )... - \-- rr - {' o ~ n¡:¡Ir,INAI Exhibit B Map ~ ~A/ffy a <!.;, )... - I-- m - ,... o 0 ORIGINAl N::' C"?'" . è C"? N .- 90.. .. ~«o ~:E~ '" " :If.!) ...Z °Z~ "0 . ðN~ -- -- -.--- I i- I ~P:· i I' II I I I I § I I ~ i It 'a I ' I I ¡ I 'It hi .i'-II..I ,I " n ,i I · tl-e ifil" .. I" ~ UhIU2;~!= 1I'lud I!I; IIdl.:. 1!;§·!~i:i;li!~~I;~III~'!I~llj'-I!;~il . ~ ". c -~ ti:1.¥...D ¡"'!!I!5: ~;:a:¡ d Ihìb;~;Hn~hhidn!UuIU:n !L §ili ~I ~~ d ,; cI a :!II,.._ ~--. ~ . ~~e__~~_~ ~ E1 ~.~ .... *". . * ~.~ÿ~Ü~..'~~.&~iDt.~..... ~ Z :=1> o (.) ZONE CHANGE 05-0938 ---..----.. I · I .: · · i . +- c . " · ~ · ~ ~ ~ l ~ · · tt· t~l #." u, + c ~ '" ~ C c + It, c~, ~.." ··t ¡-------- , , , I r __J , 1 I I I ---I , I I I , ~ Ii i Ii I + I_ ~~r.':-1> ! ()~ Ò' I ..,.. )... ZONING MAP 12 2 r; OR!GINAI z Exhibit C Legal Description ;, ",!\~;",'Ý à' ,(), ,~r· )... - \-- m _ T- o i::' 0RIGINAI Legal Description From A to R-1 Being the North Yo of the Southeast 11. of Section 32, Township 30 South, Range 27 East, Mount Diablo Base and Meridian, in the unincorporated area of the County of Kern, State of California, according to the Official Plat thereof. Contains: 80 Acres ± « ~ÀÍ(¿; a ~J )... " - r, - " <.) <: ORIGINð' 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. 4328 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. 123-32 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 WEST OF GOSFORD ROAD, BETWEEN MCCUTCHEN ROAD AND TAFT HIGHWAY (ZC 05-0938) (WARD 6) PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield BY:~ ~<X- DEPU C Clerk S: \DOCUMENTlFORMSIAOP. ORD. wpd ~ 'ò~k:E.f. o ~ >- íÍÎ I- r- Q C:J ()RIGINM