HomeMy WebLinkAboutORD NO 4276
ORDINANCE NO.
4276
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO.
101-01 BY SETTING ASIDE THE RECOMMENDATION OF THE
PLANNING COMMISSION; DENYING THE APPELLANT'S
ORIGINAL REQUEST TO REZONE THE SITE FROM A
(AGRICULTURE) TO AN R-1 (ONE FAMILY DWELLING)
ZONE; AND BY CHANGING THE ZONING FROM A
(AGRICULTURE) TO AN E (ESTATE ONE FAMILY DWELLING)
ZONE ON 82.5 ACRES LOCATED GENERALLY ALONG THE
NORTH SIDE OF SNOW ROAD, AND GENERALLY BETWEEN
ALLEN ROAD AND CALLOWAY DRIVE. (ZC 04-0815). (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 PORTER-ROBERTSON ENGINEERING for James Etcheverry, ET.AL. to change the
land use zoning of those certain property in the City of Bakersfield located generally along the north
side of Snow Road, and generally between Allen Road and Calloway Drive; and
WHEREAS, by Resolution No. 191-04 on December 16,2004, the Planning Commission
recommended denial of an ordinance to amend Title 17 of the Municipal Code from A (Agriculture)
to an 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, at said Planning Commission hearing, several property owners along the north
side of Snow Road adjacent to the project site were opposed to the proposed density; and
WHEREAS, the Planning Commission recommended denial of the proposed changes in
zoning of the subject property from A (Agriculture) to an R-1 (One Family Dwelling) zone and the
Council has considered said findings and all appear to be true and correct; and
WHEREAS, the applicant has appealed the Planning Commission recommendation to deny
the proposal; and
WHEREAS, the applicant wishes to develop single family residential 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 October
27,2004, 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:
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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 Califomia Environmental Quality Act (CEQA) have been
followed.
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. Several neighborhood meetings were conducted regarding the project. It was
determined that the proposal for 6000 sq. ft. lots with R-1 zoning is inconsistent with
the existing neighborhood.
6. The existing SR (Suburban Residential) land use designation requires a minimum of
4 dwelling units per acre.
7. The approved E (Estate) zoning is consistent with the existing designation.
8. Several conditions were added to address issues identified by the neighborhood.
9. The public necessity, general welfare and good zoning practice justify the
recommended change of zone to E (Estate One Family Dwelling) zone on 82.5 acres
located generally along the north side of Snow Road, and generally between Allen
Road and Calloway Drive.
10. The recommended zone change is compatible with uses typical of the existing
residential area adjacent to the south.
11. The recommended zone change is consistent with the Metropolitan Bakersfield
General Plan.
12. That the applicant by prior agreement agreed to comply with all adopted mitigation
measures contained within the Negative Declaration for this project.
13. That Zone Change No. 04-0815 is hereby approved as recommended by staff as
amended at the September 28, 2005 City Council meeting with mitigation measures
adopted in the Negative Declaration.
14. 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 E (Estate) zone on 82.5
acres on Map No. 101-01, of that certain property being annexed to the City of
Bakersfield as described in Exhibit "C" herein attached.
15. That Zone Change No. 04-0815, as outlined above, is hereby recommended for
approval with mitigation and conditions of approval shown on Exhibit "A."
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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.
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".
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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I HEREBY CERTIFY that the foregoing Ordinance was passeciand adopted by the Council
of the City of Bakersfield at a regular meeting thereof held on VGT 12 2005 ' by the
following vote:
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~ COUNCILMEMBER COUCH. CARSON. BENHAM, MAGGARD. HANSON, SULLIVAN, SCRIVNER
NOES: COUNCILMEMBER
~ COUNCILMEMBER
(..¿~,) COUNCILMEMBER
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PAMELA A. McCARTHY, CMC
CITY CLERK and Ex Officio Clerk the
Council of the City of Bakersfield
APPROVED OCT 1 2 200~
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attomey
By: ~ff1-- ~
Attachments: Exhibit A - Conditions of Approval
Exhibit B - Map
Exhibit C - Legal Description
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ORIGINAL
EXHIBIT A
Conditions of Approval
General Plan Amendment/Zone Change No. 04-0815
Air Quality MitiQation Measures:
1. 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 URBEMIS 7.5.0 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:
A. PM10 Mitigation Measures
a) The criteria pollutant most affected by the proposed mitigation measures will be
PM10. As the project will be completed in compliance with the SJVAPCD Regulation
VIII, dust control measures will be taken to ensure compliance specifically during
grading and construction phases. The mitigation measures to be taken are as
follows:
i. The developer shall water exposed sufaces (soil) three-times/day.
ii. The developer shall water all haul roads (unpaved) three-times/day.
iii. The developer shall ensure that all vehicles (as defined under Rule 8011) do
not exceed a speed of 15 miles per hour on unpaved roads.
iv. The developer shall 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.
v. The developer shall control fugitive dust emissions during land clearing,
grubbing, scraping, excavation, leveling, grading, or cut and fill operations
with application of water or by presoaking.
vi. When transporting materials offsite, the developer shall maintain a freeboard
limit of at least 6 inches and cover or effectively wet to limit visible dust
emissions.
vii. The developer shall 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 shall be prohibited except when preceded or accompanied by
sufficient wetting to limit visible dust emissions. The use of blowers is
expressly prohibited.)
viii. The developer shall stablize the surface of storage piles following the addition
or removal of materials using water or chemical stablizer/suppressants.
ix. The developer shall remove trackout when it extends 50 feet, or more, from
the site at the end of each workday.
x. The developer shall cease grading activities during periods of high winds
(greater than 20 mph over a one-hour period).
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ORiGINAL
Exhibit A
Conditions of Approyal
GPAlZC 04-0815
Page 2
xl. For all asphalt-concrete paving, the developer shall comply with SJV APCD
Rule 4641 and restrict the use of cutback, slow-cure and emulsified asphalt
paving materials.
B. Mitigation measures to Reduce Construction Equipment Exhaust
a) The GAMAQI guidance document lists the following measures as approved and
recommended for construction activities:
I. The developer shall properly and routinely maintain all construction
equipment, as recommended by manufacturer manuals, to control exhaust
emissions.
il. The developer shall shut down equipment when not in use for extended
periods of time to reduce emissions associated with idling engines.
iil. The developer shall use electric equipment for construction whenever
possible in lieu of diesel or gasoline powered equipment.
iv. The developer shall curtail the use of high-emitting construction equipment
during perods of high or excessive ambient pollutant concentrations such as
"Spare-the-Air" days as declared by the SJVAPCD.
C. Other Air Quality Mitigation Measures
a) The following mitigation measures are recommended to further reduce the potential
for long term emissions from the completed project:
I. The project design shall comply with standards set forth in Title 24 of the
Uniform Building Code to minimize total consumption of energy.
il. The applicanVdeveloper of the site 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 all adopted by
the SJVAPCD.
iil. The developer of the site 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.
iv. Specific bus tumouts and/or shelters shall be located at appropriate locations
to serve residential sites within the project area in consultation with GET. The
bus turnouts and/or shelters shall be planned by developers of the site within
the project area and local transportation coordinating entities to encourage
the 6fficient and practical use of public transit entities servicing the project
area.
Recommended in Air Quality Impact Analysis, by Insight Environmental Consultants,
September 2004, for this project. (Mitigation Measure).
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Exhibit A
Conditions of Approval
GPAlZC 04-0815
Page 3
2. No archaeological resources were identified. No further work is required. If archaeological
resources are encountered during the course of construction, a qualified archaeologist should
be consulted for further evaluation. Any measures by the archaeologist shall be complied with at
that time. (Mitigalion Measure).
Recommended by Phas'9 I Cultural Resource Survey for this project by Hudlow Cultural
Resource Associates, May 2004.
3. The developer of the project site shall be required to pay into the adopted Regional Traffic
Impact Fee fixed rate program. The fee program improvements mitigate impacts of the existing
densities and therefore, will do so due to the minor increase. (Mitigation Measure).
4. If human remains are discovered or identified on the project site at any time or during site
disturbance, 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 detail the appropriate actions necessary
for addressing the find) and the local Native American community shall be notified immediately.
(Mitigation Measure).
Public Works Conditions:
5. Priorto approval of any development plan, improvement plan for a tentative subdivision map, or
application for a lot line adjustment, the following shall occur:
a. Provide full dedication for Etchart Road and Shane/Old Farm to collector standards
Dedications shall include sufficient widths for expanded intersections and additional
areas for lar,dscaping as directed by the City Engineer.
b. There appears to ':Ie a discrepancy between the actual physical location of the Calloway
Canal and the property boundary. Rectify any discrepancy by granting a corrected
easement or by relocating the canal.
6. This area is within the service area of the North of the River Sanitary District NO.1. The NORSD
Master Plan shows a major line in Old Farm Road (Shane). Construction of this line will be
required with any development of this GPAlZC area.
7. Any development in this GPAlZC area will be required to construct an access road to this site-
the improvements shall be a minimum of 32 feet of pavement - two 12 foot lanes plus a four foot
paved shoulder on each side. If the subdivider is unable to obtain the required right of way, then
he shall pay to the City the up-front costs for eminent domain proceedings and enter into an
agreement and post security for the purchase and improvement of said right of way.
8. Any development in this GPAlZC area will be required to contribute to the construction of the
Etchart Road crossing of the Calloway Canal.
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ORIGINAL
Exhibit A
Conditions of Approyal
GPA/ZC 04-0815
Page 4
9. Only one storm drainage basin will be allowed for the entire GPAlZC area. A storm drain will
have to cross Old Farm Road (Shane).
10. Normal full frontage improvements shall be required at time of development.
11. Pay the standard fees for the Regional Transportation Impact Fee, as adopted at time of vesting
of the development.
12. Site specific access shall be limited and shall be determined at time of subdivision review.
Medians or other approved means shall be required to facilitate limiting access.
13. The entire area covored 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.
City Attomev Conditions:
14. 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 no obligated to use any law firm or attomey chosen by
another entity or party.
Added Conditions:
15.
No two story dwellings shall be constructed bordering the south property line.
Prior to recordation of any map, access shall be provided to both Old Farm Road and Seventh¡,þ..Kf
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ORIGINAL
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Exhibit A
Conditions of Approval
GPAlZC 04-0815
Page 5
Standard Road via the Old Farm Road alignment.
17. There shall be a block wall, 6 feet high from adjacent grade, along the south property line on the
east side of Old Farm Road and along the north side of the existing access easement at the
south property line on the west side of Old Farm Road.
18. As a condition of approval of any tentative map within the project boundaries, the property owner
and the mineral owner will enter into an Accommodation Agreement addressing, at a minimum,
undergrounding and relocation of pipelines, easements for interconnecting pipelines between
facilities, access, and allocation of costs for mitigation measures and other facility modifications.
If such condition of approval has not been satisfied within one year after approval of any such
tentative map, the property owner may request a public hearing to delete such condition
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EXHIBIT "C"
ZONE CHANGE NO. 04-0815
LEGAL DESCRIPTION
FROM
A (AGRICUL TURE)
TO
E (Estate) ZONE.
All that portion of Parcel 2 of Parcel Map No. 1464 filed in Book 7 of Parcel Maps at
Page 195 and Parcel 6 of Parcel Map Waiver No. 10-95 per Certificate of Compliance
recorded November 21, 1996 as document 0196151074 of Official Records, both in the
office of the Kern County Recorder. Also being a portion of Section 1, 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 Parcel 2 of said Parcel Map No. 1464;
Thence (1) North 00°02'37" East along the West line of said Parcel 2, a distance of
1320.29 feet;
Thence (2) South 89°55'15" East, a distance of 1842.58 feet;
Thence (3) South 00°04'27" West, a distance of 600.11 feet;
Thence (4) South 89°55'33" East, a distance of 740.13 feet;
Thence (5) South 77°15'53" East, a distance of 245.70 feet to the centerline of the
Calloway Canal and the easterly boundary of Parcel 6 of said Parcel Map
Waiver No. 10-95;
Thence along the centerline of said Calloway Canal and the boundary line of said Parcel
6 the following seven courses;
Thence (6) South 11°14'58" West, a distance of 454.13 feet;
Thence (7) South 03°09'58" West, a distance of 98.26 feet;
Thence (8) South 01 °32'32" East, a distance of 90.94 feet;
Thence (9) South 15°50'03" East, a distance of 61.57 feet;
Thence (10) South 23°00'03" East, a distance of 59.71 feet;
Thence (11) South 35°53'03" East, a distance of 63.89 feet;
(continued on next page)
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Thence (12) South 41 °34'03" East, a distance of 181.65 feet to the Southeast corner
of said Parcel 6;
Thence (13) North 89°55'33" West along the South line of said Parcel 6, a distance of
1981.62 feet to an angle point in the boundary line of said Parcel 6;
Thence (14) North 00°00'17" East along said boundary line a distance of 270.00 feet
to an angle point in the boundary line of said Parcel 6;
Thence (15) North 89055'33" West along said boundary line and the South line of
Parcel 2 of said Parcel Map No. 1464, a distance of 947.53 feet to the
point of beginning.
Contains 82.57 acres more or less.
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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 13th day of October ,2005 she posted on the Bulletin Board at
City Hall, a full, true and correct copy of the following: Ordinance No. 4276 , passed by
the Bakersfield City Council at a meeting held on the ~day of October, 2005 and
entitled:
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO.
101-01 BY OVERTURNING THE RECOMMENDATION OF
THE PLANNING COMMISSION AND BY CHANGING THE
ZONING FROM A (AGRICULTURE) TO AN R-1 (ONE
FAMILY DWELlNG)ZONE ON 82.5 ACRES LOCATED
GENERALLY ALONG THE NORTH SIDE OF SNOW ROAD
AND GENERALLY BETWEEN ALLEN ROAD AND
CALLOWAY DRIVE (ZC 04-0815)
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
BY:~~~ 1 dJ
DEPUT C' Clerk
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