HomeMy WebLinkAboutORD NO 4336
ORDINANCE NO. 4 S 3 "
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION
AND AMENDING SECTION 17.06.020 (ZONE MAP NO. 101-11)
OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL
CODE BY CHANGING THE ZONING FROM A (AGRICULTURE)
TO R-1 (ONE FAMILY DWELLING) ON 4o± ACRES AND FROM
A (AGRICULTURE) TO R-2 (LIMITED MULTIPLE FAMILY
DWELLING) ON 20± ACRES LOCATED AT THE NORTHWEST
CORNER OF REINA ROAD AND RENFRO ROAD (EXTENDED)
(FILE NO. 05-0725).
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 northwest corner of Reina Road and Renfro Road (Extended), as
shown on attached Exhibit "B;" and
WHEREAS, by Resolution No. 14-06 on January 5,2006 the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve Zone Change No. 05-0725 as delineated on attached Zoning Map
No. 101-11 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 R-1
(One Family Dwelling) on 40± acres and from A (Agriculture) to R-2 (Limited Multiple Family
Dwelling) on 20± 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, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows for low 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 Califomia Environmental Quality Act (CEQA) have
been followed.
3. The public necessity, general welfare and good zoning practice justify the
requested change from A (Agriculture) to R-1 (One Family Dwelling) on
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40± acres and from A (Agriculture) to R-2 (Limited Multiple Family
Dwelling) on 20± 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 "A" 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 of the Municipal Code of the City of Bakersfield 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. 101-11 marked Exhibit "C"
attached hereto and made a part hereof, and are more specifically described in attached Exhibit
"011.
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
I HEREBY CERTIFY that the foregoing Ordinance was passed
of 2tile OCity of Bakersfield at a regular meeting
MAR 2 20 lij by the following vote
and adopted, by the
thereof held on
G~
NOES:
ABSTAIN
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COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER C.<ru..<:.k, '" M: '--~,
CÀ...J1. 0\. rr1-~
PAMELA A. McCARTHY, CM
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
MAR 2 2 2006
HARVEY L. ALL
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
By 1~j;7h~~1
Exhibits:
1. Conditions.
2. Location Map.
3. Zone Map
4. Legal Description
LP I S:\ZoneChangeI05-0725ICCIOZC-CC.DOC
March 22, 2006
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EXHIBIT "A"
CONDITIONS OF APPROVAL
ZONE CHANGE #05-0725
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 Reina Road to collector standards for the full frontage of
the area within the ZC 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 ZC area is submitted, dedication can be provided with the map.
b. This ZC 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 ZC 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 ZC area, showing it's
proportionate share of the necessary ultimate storm drainage facilities.
c. 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.
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 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 ZC area.
PLANNING
Air Quality Mitigation Measures from report prepared by Insight Environmental Consultants, dated
September 2005:
3. Air Qualitv. PM10 Mitigation Measures:
As the project will be completed in compliance with SJVAPCD Regulation VIII, dust control
measures will be taken to ensure compliance specifically during grading and construction phases.
The mitigation measures are as follows:
· Water previously disturbed exposed surfaces (soil) a minimum of three-times/day or
whenever visible dust is capable of drifting from the site or approaches 20% capacity.
· Water all haul roads (unpaved) a minimum of three-times/day or whenever visible dust is
capable of drifting from the site or approaches 20% capacity.
· Reduce speed on unpaved roads to less than 15 miles per hour.
· Install and maintain a trackout control device that meets the specification of SJVAPCD
Rule 8041 if the site exceeds 150 vehicle trips per day or more than 20 vehicle trips per
day by vehicle with three or more axles. ~~K0
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ZC 05-0725
Page 2 of4
· Stabilize all disturbed areas, including storage piles, which are not being actively utilized
for construction purposes using water, chemical stabilizers or by covering with a tarp,
other suitable cover or vegetative ground cover.
· Control fugitive dust emissions during land clearing, grubbing, scraping, excavation,
leveling, grading, or cut and fill operations with application of water or by presoaking.
· When transporting materials off site, maintain a freeboard limit of at least 6 inches and
cover or effectively wet to limit visible dust emissions.
· Limit and remove the accumulation of mud and/or dirt from adjacent public roadways at
the end of each workday. (Use of dry rotary brushes is prohibited except when preceded
or accompanied by sufficient wetting to limit visible dust emissions and use of blowers is
expressly forbidden).
· Stabilize the surface of storage piles following the addition or removal of materials using
water or chemical stabilizer/suppressants.
· Remove trackout from the site at the end of each workday.
· Cease grading activities during periods of high winds (greater than 20 mph over a one-
hour period).
· Asphalt-concrete paving shall comply with SJVAPCD Rule 4641 and restrict use of
cutback, slow-cure and emulsified asphalt paving materials.
· Grading should be conducted in phases.
· Project site shall not be cleared of existing vegetation cover until required by construction.
· The project developer shall revegetate graded areas as soon as it is feasible after
construction is completed.
4. Mitigation Measures to Reduce Construction Equipment Exhaust:
GAMAQI guidance document lists the following measures are stated in the as approved and
recommended for construction activities:
· Maintain all construction equipment as recommended by manufacturer manuals.
· Shut down equipment when not in use for extended periods of time.
· Construction equipment shall operate for no longer than eight (8) cumulative hours per
day.
· Use electric equipment for construction whenever possible in lieu of diesel or gasoline
powered equipment.
· Curtail use of high-emitting construction equipment during periods of high or excessive
ambient pollutant concentrations such as "Spare-the-Air" days as declared by the
SJVAPCD.
· All construction vehicles are to be equipped with proper emission control equipment and
kept in good and proper running order to substantially reduce NOx emissions.
· Use of Caterpillar pre-chamber diesel engines or equivalent shall be utilized if economic
and available to reduce NOx emissions.
· All construction workers shall be encouraged to shuttle (car-pool) to retail establishment or
to remain on-site during lunch breaks.
· All construction and grading activities be discontinued during the first stage smog alerts.
· Construction and grading activities shall not be allowed during first stage ozone alerts.
First stage ozone alerts are declared when the ozone level exceeds 0.20 ppm (1-hour
average).
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LP / S:\ZoneChangeI05-C725\EXH 1.doc
February 13, 2006
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ZC 05-0725
Page 3 014
5. Other Air Quality Mitigation Measures.
· Project design shall comply with standards set forth in Title 24 of the Uniform Building
Code to minimize total consumption of energy.
· The developer shall position as many home sites as possible with a north/south exposure.
· Applicants shall be required to comply with applicable mitigation measures in the Air
Quality Attainment Plan, District Rules, Traffic Control Measures, Regulation VIII and
Indirect Source Rules for the SJVUAPCD.
· The developer shall petition the Golden Empire Transit District (GET) to conduct a service
study to determine if the project site warrants being annexed into the GET operational
system.
· Should the project site be annexed into the GET operational system, specific bus turnouts
and shelters shall be located at appropriate locations to serve residential sites in the
project area in consultation with GET. The bus turnouts and shelters shall be planned by
developers in the project area and local transportation coordinating entities to encourage
the efficient and practical use of public transit entities servicing the project area.
· The developer shall comply with the provisions of SJV APCD Rule 4601 - Architectural
Coatings, during the construction of all buildings and facilities. Application of architectural
coatings shall be completed in a manner that poses the least emissions impacts whenever
such application is deemed proficient.
· The developer shall comply with the provisions of SJVAPCD Rule 4641 during the
construction and pavement of all roads and parking areas within the project area.
Specifically, the developer shall not allow the use of:
o Rapid cure cutback asphalt;
o Medium cure cutback asphalt;
o Slow cure cutback asphalt (as specified in SJVAPCD Rule 4641, Section 5.1.3; or
o Emulsion asphalt (as specified in SJVAPCD Rule 4641, Section 5.1.4)
6. 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 June 2005.
CITY ATTORNEY
7. 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
LP / s:\ZoneChange\05-07251EXH 1.doc
February 13, 2006
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ZC 05-0725
Page 4 014
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:\ZoneChange\05-0725\EXH 1.doc
February 13, 2006
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EXHIBIT C
PREZONING 05~0725
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ZONING MAP 101- 0
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EXHIBIT D
Lots 27 and 28 of Sales Map of Lands of Kern County Land Company, recorded January 9, 1891 In the
office of the Kern County Recorder. Also being a portion of Section 11, Township 29 South, Range 26
East, Mount Diablo Meridian, in the County of Kern, State of California, more particularly described as
follows:
Beginning at the Southeast corner of said Lot 28, being a point on the centerline of Reina Road (County
Road No. 715);
Thence (1)
Thence (2)
Thence (3)
Thence (4)
North 89°15'59" West along the South lines of said Lots 27 and 28 and the centerline of
said Reina Road"a distance of 1320.30 feet to the Southwest corner of said Lot 27;
North 00°44'01" East along the West line of said Lot 27, a distance of 1320.98 feet to the
Northwest corner of said Lot 27;
South 89°16'13" East along the North lines of said Lots 27 and 28, a distance of 1320.63
feet to the Northeast comer of said Lot 28;
South 00°44'51" West along the East line of said Lot 28, a distance of 1321.08 feet to
the point of beginning.
Contains 40.05 acres more or less.
A TO R-2
The South half of Lots 21 and 22 of Sales Map of Lands of Kern County Land Company, recorded January
9, 1891 in the office of the Kern County Recorder. Also being a portion of Section 11, Township 29 South,
Range 26 East, Mount Diablo Meridian, In the County of Kern, State of California, more particularly
described as follows:
Beginning at the Southwest corner of said Lot 22;
Thence (1)
Thence (2)
Thence (3)
Thence (4)
North 00°44'01" East along the West line of said Lot 22, a distance of 661.80 feet to the
Northwest corner of the South half of said Lot 22;
South 89°15'13" East along the North lines of the South half of said Lots 21 and 22, a
distance of 1320.79 feet to the Northeast corner of the South half of said Lot 21;
South 00°44'51" West along the East line of said Lot 21, a distance of 661.41 feet to the
Southeast corner of said Lot 21;
North 89°16'13" West along the South lines of said Lots 21 and 22, a distance of 1320.63
feet to the point of beginning.
Contains 20.06 acres more or less.
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ORIGINAl
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) 55.
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 23rd day of March, 2006 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4336 passed by the
Bakersfield City Council at a meeting held on the 22nd day of March. 2006 and
entitled:
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND
AMENDING SECTION 17.06.020 (ZONE MAP NO. 101-11) OF
TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE
BY CHANGING THE ZONING FROM A (AGRICULTURE) TO R-1 (ONE
FAMILY DWELLING) ON 40± ACRES AND FROM A (AGRICULTURE)
TO R-2 (LIMITED MULTIPLE FAMILY DWELLING) ON 20± ACRES
LOCATED AT THE NORTHWEST CORNER OF REINA ROAD AND
RENFRO ROAD (EXTENDED) (FILE NO. 05-0725).
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By:!~llit~ -=t:.~dL
DEPUTY City lerk
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