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Home My WebLink AboutORD NO 4330 ORDINANCE NO. 4330 AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 124-09 AS RECOMMENDED BY THE PLANNING COMMISSION AND BY CHANGING THE PREZONING FROM A (AGRICULTURE), R-S (RESIDENTIAL SUBURBAN), AND OS (OPEN SPACE) TO R-1 (ONE FAMILY DWELLING) ZONE ON APPROXIMATELY 110 ACRES, LOCATED AT THE SOUTHEAST CORNER OF COTTONWOOD ROAD AND CASA LOMA DRIVE. (ZC 05-0410) (Ward 1). 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 Pinnacle Engineering, for Tim Denari of BVGG LLC., to change the land use zoning of those certain property in the City of Bakersfield located at the southeast corner of Cottonwood Road and Casa Loma Drive; and WHEREAS, by Resolution No. 180-05 on December 1, 2005, the Planning Commission recommended approval of an ordinance to amend Title 17 of the Municipal Code 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 denied the proposal by Operation of Law for the proposed changes in zoning of the subject property to R-1 (One Family Dwelling) on approximately 110 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; 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 7, 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. 'òJ>..Kf-s> ~. 0' '-' -<. )... .- \-- m - ,... o ~ ORIGINAl 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 approximately 110 acres located at the southeast corner of Cottonwood Road and Casa Loma Drive. 6. The project site, with prior approval of General Plan Amendment No. 05-0410, 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. 05-0410. 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. 05-0410. 10. That Zone Change No. 05-0410 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 approximately 110 acres on Map No. 124-09, of that certain property being annexed to the City of Bakersfield as described in Exhibit "C" herein attached. 12. That Zone Change No. 05-0410, 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. 05-0410. 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 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. 2 « 'ÇM~1' C) Û' ..". >- - \-- m - ,... <.) c:, ORIGINAl 05-0410. 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-------- 3 ¿¡ 'òMf--9<r; )... ñi \;::: r- o <::; ORIGINAl I HEREBY CERTIFY that the foregoing Ordinance was passem ad8P~~y the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: ~ NOES: ABSTAIN: ABSENT: ~ L-- I--- 1-- ~- J---. COUNCILMEMBER COUCH, CARSON, BENHAM. MAGGARD. HANSON. SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER fl, PAMELA A. McCARTHY, CMC CITY CLERK and Ex Officio Clerk f the Council of the City of Bakersfield MAR 8 2006 APPROVED HARVE L. HALL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attomey By: /~rn. ~ Attachments: Exhibit A - Conditions of Approval Exhibit B - Map Exhibit C - Legal Description MO:djl S:\GPA 4th 2005\05-0410\Resolutions\ozc-cc.doc 4 ,,~M¿:--$' Ò' <!:; >- - n '::: r- ù <:- ORIGINðl Exhibit A Conditions of Approval I. 'òMf'-9 Ò'if' "", >- - I:;::. f!. () c:-. nRIGINAI EXHIBIT A Conditions of Approval General Plan Amendment/Zone Change 05-0410 Air Quality Mitiaation 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 tract recordation that they will/have met the following air quality mitigation measures: The following mitigation measures can be utilized during the construction phase of the project to reduce construction exhaust emissions: 1. Properly and routinely maintain all construction equipment, as recommended by manufacturer manuals, to control exhaust emissions. 2. Shut down equipment when not in use for extended periods of time to reduce emissions associated with idling engines. 3. Encourage ride sharing and use of transit transportation for construction employee commuting to the project site. 4. Use electric equipment for construction whenever possible in lieu of fossil fuel-fired equipment. 5. 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. 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: 6. 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. ~ 'òM<:-9 o ó' .,. >- - \-- rr _ r- C> <:0 ORIGINAl· Exhibit A Coditions of Approval GPAlZC 05-0410 Page 2 of 8 7. All on-site unpaved roads and off-site unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizer/suppressant. 8. 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. 9. 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. 10. 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. 11. 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 stabilizerlsuppressant. 12. 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. 13. Any site with 150 or more vehicle trips per day shall prevent carryout and trackout. 14. 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. 15. Cease grading activities during periods of high winds (greater than 20 mph over a one-hour period). 16. Limit construction-related vehicle speeds to 15 mph on all unpaved areas at the construction site. 17. Implementation of carryouUtrackout mitigation measures, such as gravel pads, in accordance with the requirements of SJVAPCD Regulation VIII. ~ ~AKê1 Q ~ )... \-- m - r- V Q ,)RIGI~IAI Exhibit A Coditions of Approval GPAlZC 05-0410 Page 3 of 8 Cultural Impact Mitiaation Measures: 18. If archaeological resources are encountered during the course of construction, a qualified archaeologist shall be consulted for further evaluation. 19. 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 Impact Mitiaation Measures: 20. The following Table identifies mitigation: Intersection of Cottonwood Road and Watts Drive 10.40 Intersection of Cottonwood Road and White Lane 6.80 Itnersection of Min Avenue and SR-99 Northbound on and off ram s 2.23 Intersection of White Lane and SR-99 Northbound off ram 1.51 Intersection of Cottonwood Road and SR-58 Eastbound on and off ram s 5.02 Intersection of Cottonwood Road and Casa Lorna Drive 13.96 Intersection of Union Ave and Min Ave 3.85 Intersection of White Lane and Union Ave 2.79 Intersection of Cottonwood Road and SR-58 Westbound on and off ram s 2.95 Intersection of Cottonwood Road and Brunda e Lane 1.98 Intersection of Min Ave and Wible Road 0.95 Intersection of Min Ave and South H Street 2.63 Intersection of White Lane and South H Street 1.91 Addition of one lane in each direction for Cottonwood Rd between Casa Lorna 10.07 Drive and White Lane. T raffle 1m act Stud . Pinnacle En ineerln . June 15, 2005. Public Works Conditions: 21. Prior to approval of any development plan, improvement plan, or application for a lot line adjustment, the following shall occur: ~ 'òAK~~ Q <r .>.. '-" ~ m ;;, r; f)P'f':'INAl Exhibit A Coditions of Approval GPNZC 05-0410 Page 4 of 8 a. Provide fully executed dedication for Casa Loma Drive to arterial standards and Washington Street and Watts Drive 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. For storm drainage, only 1 sump will be allowed to serve the entire GPNZC area. This sump must be located on the periphery of the GPNZC area so that additional area may be served. The City's policy is no more than one sump per 80 acres of residential development. c. In order to reserve 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 andlor an Assessment District to provide a mechanism for the reimbursement of oversizing costs to the developer. 22. 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. 23. Median fees shall be paid for Casa Loma Drive. <,. 'òAKE-9 Q <1' )... ~ \-- rn - r-- Û <J nR'f;INAl Exhibit A Coditions of Approval GPAlZC 05-0410 Page 5 of 8 24. The existing canal ditch within the GPA shall be relocated out of the existing and future right of way of streets. Crossings shall only be allowed at right angles. 25. In an attempt to reduce complaints and unwarranted investigations, the applicant shall record a covenant as part of any transfer of properties within the project site regarding the proximity of the treatment plant as follows: Your real property is adjacent to or in the vicinity of property used for the City of Bakersfield Sewer Treatment Facility, you may be subject to inconveniences or discomforts arising from and associated with such operations on any 24-hour basis. Said discomforts may include, but shall not be limited to odors. Traffic Comments: 26. We have reviewed the study prepared by Pinnacle Engineering for the single family residential development on 110 acres and it appears to be adequate. Based upon the study for the development the following mitigation measures would be appropriate. Local Mitiaation Measure bv Public Works: 27. Pay the proportionate share of the following mitigation measures (not paid for by the Regional Transportation Impact Fee - RTIF nor included with normal development improvements) as indicated in Table 7 of the traffic study (percentages have been adjusted from table per City & State policy to base share on percent of new traffic only). 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. a) Cottonwood Road and Watts Drive - Install traffic signal, expand intersection to provide 1 left, 1 right and 2 through lanes north and south bound; 1 left and 1 shared through/right lane east and west bound, 22.83% share. b) Ming Ave and SR99 north bound ramps - expansion of intersection to provide 3 through lanes and 1 right turn east bound; 2 right turn X 'òA/(ê." Q ~ >- - ,_ m - ,.... 'J e:, ()PIr:;I~IAI Exhibit A Coditions of Approval GPNZC 05-0410 Page 6 of 8 lanes, 1 through lane and 2 left turn lanes south bound, 5.51% share. c) White Lane and SR99 north bound ramp - expansion of intersection to provide 2 left turn lanes, 4.55% share. d) Union Avenue and Ming Avenue - expansion of intersection to provide 2 left turn lanes, 3 through lanes and 1 right turn lane - all directions, 9.34% share. e) Union Avenue and White Lane - modify traffic signal, expansion of intersection to provide 2 left turn lanes, 3 through lanes and 1 right turn lane - all directions, 6.84% share. f) Cottonwood Road and Brundage Lane - modify traffic signal, expansion of intersection to provide 1 left turn lane and 2 through lanes - all directions, 4.90% share. g) Ming Avenue and Wible Road - modify traffic signal, expansion of intersection to provide 2 left turn lanes, 3 through lanes and 1 right turn lane - all directions, 2.40% share. h) Ming Avenue and So. H Street - modify traffic signal, expansion of intersection to provide 2 left turn lanes, 3 through lanes and 1 right turn lane - all directions, 6.45%. i) White Lane and so. H Street - modify traffic signal, expansion of intersection to provide 2 left turn lanes, 3 through lanes and 1 right turn lane - all directions, 9.14%. j) Cottonwood Road, Casa Loma Drive to White Lane - add one lane each direction, 16.31%. Reaional Transcortation Imcact Fee: 28. Pay the standard residential fees, as adopted at time of development. Decartment of Conservation Condition: 29. The proposed project is located beyond the administrative boundaries of any oil or gas field. There are no oil, gas, or injection wells within the ~ 'ò~,Kf~ o ~ )... - \-- m _ t- o t) 'lRIGINAl Exhibit A Coditions of Approval GPNZC 05-0410 Page 7 of 8 boundaries of the project site. Regardless, if excavation or grading operations uncover a previously unrecorded well, the Division district office in Bakersfield shall be notified as such wells may require remedial operations. It will be the responsibility of the developer to notify such Division and bear all costs associated with remediation. Bakersfield Municipal Airport Compatibilitv: 30. With the recordation of final subdivision maps within the GPNZC area, overflight easements shall be granted to the City of Bakersfield for all residential lots. Overflight easements shall grant all rights deemed necessary by the City of Bakersfield to ensure that the development of said property will neither impede airport operations nor result in flight hazards, including but not limited to the following: to make flights and associated noise in airspace over said property; to regulate or prohibit the release of any substance into the air which might interfere with aircraft operations; to regulate or prohibit light emissions which might interfere with pilot vision; and to prohibit electrical emissions which might interfere with aircraft communications systems or aircraft navigational equipment. 31. With the recordation of final subdivision maps within the GPNZC area, a notice shall be recorded on the deeds of all residential lots disclosing that the properties are in an area subject to aircraft overflights, and as a result, residents may experience inconvenience, annoyance and discomfort arising from the noise of such operations. The notice shall also state that State law establishes the importance of public use airports for the protection of the public interest of the people of the State of California and that residents of property near a public use airport should, therefore, be prepared to accept such inconvenience, annoyance and discomfort from normal aircraft operations. Park Condition: 32. The requirement for a "wet park", acceptable to the Parks and Recreation Director, within the park that will be provided for the project site shall be installed and dedicated by the applicant/developer of the site. This park site shall be 3.3 acres. The City of Bakersfield has an option to purchase an additional 2.5 acres for park purposes. (Condition added by City Council) <,. 'òA/(f-9 C) ~ )... - \-- m _ r- () C)- I)qlGINAl Exhibit A Coditions of Approval GPAlZC 05-0410 Page 8 of 8 City Attornev Condition: 33. 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, andlor 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. MO:jm S:\GPA 4th 2005\05-0410IStaff ReportslExh A Cond.doc 'ò""~ê1 ~ ~ >- m - r- ') t:> "QIr,INAL Exhibit B Map ,,~Mfl» Ò' <.!:;, )... - \-- m _ r- Ù C) nRIGINP-! Exhibit B Map <,. ~r\lff", o<!;-, )... t::: J!' o C) ORIGINAl· Q)"' ore I ø; ~ C\I 50... ~<to "- '" ~.~I-' ... '" iã(!) ...z °Zg¡ >-0" ~Nw <.) 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ZONING MAP 124 9 '" >- m ':::. r ù D ORIf,iNAl . ..----.-....---.- . .. i! ~ ,§ Exhibit C Legal Description ,<'¢Mt~ Cy Ú' .-< )... - \-- IT. _ r- Ù Cè ',RIGINAI ZONE CHANGE 05-0410 ALL THOSE PORTIONS OF LOTS 7, 8, 10, AND 11 OF THE SALES MAP OF LANDS OF KERN COUNTY LAND COMPANY IN SEe. 9, T.30S., R.28E., M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, FILED APRIL 20, 1894 IN THE OFFICE OF THE KERN COUNTY RECORDER AND ALL THAT PORTION OF THE N 1f2 OF SAID SECTION 9, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE N.W. CORNER OF SAID LOT 8, SAID N.W. CORNER ALSO BEING THE N.W. CORNER OF SAID SECTION 9; THENCE N.89034'OO"E., ALONG THE NORTH LINE OF SAID LOTS 7, 8, AND SAID SECTION 9, A DISTANCE OF 2673.45 FEET TO THE N 1;4 CORNER OF SAID SECTION 9; THENCE S.OOoOI '29"E., 1326.59 FEET TO THE N.E. CORNER OF LOT 12 OF SAID SALES MAP OF LANDS OF KERN COUNTY LAND COMPANY; THENCE S.89038'00"W. ALONG THE NORTH LINE OF SAID LOT 12, A DISTANCE OF 660.01 FEET TO THE N.E. CORNER OF SAID LOT 11; THENCE S.00001'29"E. ALONG THE EAST LINE OF SAID LOT 11, A DISTANCE OF 1320.02 FEET TO THE S.E. CORNER OF SAID LOT 11; THENCE S.89038'00"W. ALONG THE SOUTH LINE OF SAID LOTS 10 AND 11, A DISTANCE OF 1320.02 FEET TO THE S.W. CORNER OF SAID LOT 10; THENCE N. 0000 1 '29"W. ALONG THE WEST LINE OF SAID LOTS 7 AND 1 0, A DISTANCE OF 2015.64 FEET; THENCE S.89038'00"W., 693.30 FEET TO A POINT ON THE WEST LINE OF SAID LOT 8 AND SAID SECTION 9; THENCE N.OooOO'OO"E. ALONG SAID WEST LINE, 627.86 FEET TO THE POINT OF BEGINNING. CONTAINING 110.25 ACRES, MORE OR LESS. !< COAK~~ ~ ~ .... - _ m (.) r0- C;) ORIGINAL 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 ~ day of March, 2006 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4330 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. 124-09 AS RECOMMENDED BY THE PLANNING COMMISSION AND BY CHANGING THE PREZONING FROM A (AGRICULTURE), R-S (RESIDENTIAL SUBURBAN), AND OS (OPEN SPACE) TO R-1 (ONE FAMILY DWELLING) ZONE ON APPROXIMATELY 110 ACRES, LOCATED AT THE SOUTHEAST CORNER OF COTTONWOOD ROAD AND CASA LOMA DRIVE (ZC 05-0410) (WARD 1) PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield BY~ QQ~ =L~ L DEPU Cit~ lerk S :\DOCUMENTlFORMSIAOP. ORD .wpd x <Qf>,Kf?,ó' c::; '<I - >- rn \-- r- Ó C:> r¡Rlr,INIIL -.--..----.,