Loading...
HomeMy WebLinkAboutORD NO 4359 ORDINANCE NO. 4 3 S" 9 AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONING MAP 122-24) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM A (AGRICULTURE) TO R-1 (ONE FAMILY DWELLING) ON 80 ACRES, GENERALLY LOCATED AT THE NORTHEAST CORNER OF SOUTH ALLEN AND PENSINGER ROAD. (ZC NO. 05-1257). WHEREAS, in accordance with the procedures 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 generally located at the northeast corner of South Allen and Pensinger Road; and WHEREAS, by Resolution No. 59-06 on March 16,2006, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 05-1257 as delineated on attached Zoning Map 122-24 marked Exhibit "A", by this Council and this Council has fully considered the recommendations made by the Planning Commission as set forth in that Resolution and restated herein; 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 (Aricultural) to R-1 (One Family Dwelling) on 80 acres, and the Council has considered said findings as restated herein and all appear to be true and correct; and WHEREAS, a Negative Declaration with mitigation was advertised and posted on February 2,2006, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows single-family residential development; and WHEREAS, the City Council has considered and concurs with the following findings made by the Planning Commission as set forth in Resolution No. 59- 06, adopted on March 16,2006: 1. All required public notices have been given. 2. The provisions of the California Environmental Quality Act have been followed. 3. Based on the intial 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 for the project in accordance with CEQA. \)MF <.: ../,) o -'(p ~, >- --- m 1-" '-"()RiC';INAi~ 1 . '. - - .__.~..__._._- ^'-_..~-_._---_.. .-.------.--. 4. The proposed project is consistent with surrounding uses. 5. The proposed project, as shown on Exhibit "A," is consistent with the Metropolitan Bakersfield General Plan. 6. The public necessity, general welfare and good planning practices justify the requested zone change, as shown on Exhibit "A" 7. Based on the absence of evidence in the record as required by Section 21082.2 of the State of California Public Resources Code (CEQA) for the purposes of documenting significant effects, it is the conclusion of the Lead Agency that this project will result in impacts that fall below the threshold of significance with regard to wildlife resources and, therefore must be granted a "de minimis" exemption in accordance with Section 711 of the State of California Fish and Game Code. Additionally the assumption of adverse effect is rebutted by the above referenced absence of evidence in the record and the lead agencies decision to prepare a Negative Declaration for this project. 8. The laws and regulations relating to the preparation and adoption of Negative Declarations as set forth in CEQA, the State CEQA Guidelines, and the City of Bakersfield CEQA Implementation Procedures, have been duly followed by city staff and the Planning Commission. SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: 1. That the above recitals, incorporated herein, are true and correct. 2. The Negative Declaration is hereby 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 said City, the boundaries of which property is shown on Zoning Map 122-24 marked Exhibit "A" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "B ". 4. Such zone change is hereby made subject to the "Mitigation/Conditions of Approval" listed in attached Exhibit "C", subject to approval of GPA No. 05-1257. 2 , c¡,AK[AJ ')< 'ó' "" '" ,-. ''':,- '~Rjí:i:vA! 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 ,,< -.¿,P-Kt.;'__ I..) u' "", >- - ':: iT· r 'JRIGiNA! . I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by the Co~n,ç;il of the City of Bakersfield at a regular meeting thereof held on JUN 2 1 2UUC :¡y the following vote: ~v v -..-.J V v v/" COUCH, CARSON, BENHAM. MAGGARD. HANSON, SULLIVAN. SCRIVNER Cà.YES" NõEš: ABSTAIN: ABSENT COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER APPROVED JUN 2 1 2006 HARVEY . HALL Mayor of the City of Bakersfiel APPROVED as to form VIRGINIA GENNARO City Attorney By: /~JW;/;1. ~ ~ £1. fÝ!LA~ PAMELA A. McCARTHY, C C CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield Exhibit A - Zoning Map 122-24 B - Zone Change Legal Description C - Mitigation/Conditions of Approval JS ,S:\GPA 1st 2006\05,1257\Resolution\CC ZC Ordinance.doc 4 ,,~KF . -·5' .1' '11 ,:21 (,,- ;;:\/_\1 Exhibit A Zoning Map 122-24 'òM¡' , -'< 'Y. u 0- , / 'r , ,')RIC;íN.í\r ~~ I a: N ~ 90.. ~«~ ~~I-' '" " ~C) ...Z o-v Z'" ~Ou !:N'" o '" ~I ~~ I .~. :;1!I~1:! ......il õhi ~I. I~ ~ t t ¡ I w_ ~ i .~ - §§ §§ ¡ lillil ! I § , wi I I ! ~ ~ i II vB ~ , I I · . Ihl~H:i~Înhh n! ~I Hrl~ ~ 'a. i'.III'iJ~'i" I~ ¡. 152>< < IIi ~i:i:i:~;!~!!~h II~I .::ð¡ihsl it l~r~l.fi I ...Iei ..... WB... .....w ~~~~~~;ig~~~!ø!!u~= ¡I;~!!~!:tt"!!~=! ¡ ~ ë! ¡ ¡ : ~e =~ i:: ¡¡II! : ~ ... ; ... ~ · ~ ~ ~! 1t = ~ : i ~ i; ~ ~ i! i i ¡; ¡ H ~~ i~ t ¡ I ~ I § ~ ~ I i I ï ï i ~ t II ~ ~ ~ð E I < 5: ...... it.. ~~ ....-... "li:å" .. . d o_......ø_.. ! i ~'!' . . :S ~. . . , ú. , .:r .......... z . .. ~1I:...u...ua:aaSW......u o~c........~a ZONE CHANGE 05-1257 ø·rÞ *'" .. .... a I 'I·- I . I IE', .!! i loa i~i I '- f" . ~ ,-- . ,H: . , Il i . l!1 . .at , ¡ga· G ati- I qt ¡ell , li~ 5 i .i_a . ~ I I I I if I I I -------------- J ~ ~ è .... , a:: ~ < In> -.. ;¡;. .. ~ ¡. 11 II ~ ~ II ø~ ;1 ' !I I·· ;hÄK(' ! ,) '( ZONING MAP 122-24:}PICJNAi-- I , CITY OF BAKERSFIELD ZONING DISTRICT DESIGNATIONS R-1 One Family Dwelling C-O Professional and Administration Office 6,000 sq.ft. minimum lot size C-1 Neighborhood Commercial E Estate 10,000 sq. ft. minimum lot size C-2 Regional Commercial R-S Residential Suburban C-C Commercial Center 24,000 sq.ft.ldwelling unit CoB Central Business R-S-1A Residential Suburban 1 acre minimum lot size PCD Planned Commercial Development R-S-2.5A Residential Suburban M-1 Light Manufacturing 2% acre minimum lot size M-2 General Manufacturing R-S-5A Residential Suburban 5 acre minimum lot size M-3 Heavy Industrial R-S-10A Residential Suburban P Automobile Parking 10 acre minimum lot size RE Recreation R-2 Limited Multiple Family Dwelling 4,500 sq. ft. min lot size (single family) Ch Church Overlay 6,000 sq.ft. min lot size (multifamily) 2,500 sq.ft. lot area/dwelling unit 05 Open Space R-3 Limited Multiple Family Dwelling HOsP Hospital Overlay 6,000 sq.ft. minimum lot size 1,250 sq. ft. lot area/dwelling unit AD Architectural Design Overlay R-4 Limited Multiple Family Dwelling FP-P Floodplain Primary 6,000 sq. ft. minimum lot size 600 sq. ft. lot area/dwelling unit FP-S Floodplain Secondary R-H Residential Holding AA Airport Approach 20 acre minimum lot size DI Drilling Island A Agriculture 6,000 sq.ft. minimum lot size PE Petroleum Extaction Combining A-20A Agriculture SC Senior Citizen OVerlay 20 acre minimum lot size HD Hillside Development Combining PUD Planned Unit Development TT Travel Trailer Park MH Mobilehome S: \Forms\zoneDistricts.doc \.~_ 0, 1\1::::';, -(r.\ m ~ ,~ "H"~AI --..----..-.,---... .--' -...-.- .-.- Exhibit B Zone Change Legal Description Ò_AK~ "'> ,p -'1'", "; . . ~ EXHIBIT "A" PROPOSED ZONE CHANGE FROM "A" TO "R-l" LEGAL DESCRIPTION BEING A PORTION OF THE NORTHWEST QUARTER OF SECTION 24, TOWNSHIP 30 sourn, RANGE 26 EAST, M.D.B.M., ALSO BEING A PORTION OF THE SALES MAP OF LANDS OF KERN COUNTY LAND COMPANY FOR SECTION 24, TOWNSHIP 30 SOUTH, RANGE 26 EAST RECORDED AUGUST 27, 1892 IN THE COUNTY OF KERN, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: AREA 1 ALL OF LOTS 7, 8, 9 AND 10 OF SAID KERN COUNTY LAND COMPANY SALES MAP. CONTAINING 80 ACRES, MORE OR LESS. ~ ~ ç,). P"¡-(F «.' 'Ä) o \¡.:... ~n , "If)!( ;1~Jf\1 Exhibit C Mitigation/Conditions of Approval " 'ôA/í (, '< <":Á' () ~,," '- EXHIBIT C Conditions of Approval General Plan Amendment/Zone Change No. 05-1257 MITIGATION MEASURES FROM NEGATIVE DECLARATION: Air Qualitv 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. The applicant/developer of the project site shall submit documentation to the Planning Department prior to development that they will/have met the following air quality mitigation measures: The following mitigation measures shall be utilized during the construction phase of the project to reduce construction exhaust emissions: 1. Construction equipment exhaust emissions shall not exceed SJVAPCD Rule 41 01 Visible Emission limitations. 2. Unpaved areas subject to vehicle traffic shall be watered twice daily or more frequently as needed. 3. The speed of any vehicles and equipment traveling across unpaved areas shall be no more than 15 miles per hour. 4, Storage piles and disturbed areas not subject to vehicular traffic shall be stabilized by being kept wet, treated with a chemical dust suppressant, or covered when material is not being added to or removed from the pile. 5. Prior to any ground disturbance, including grading, excavating, and land clearing, sufficient water shall be applied to the area to be disturbed to prevent emissions of fugitive dust from being airborne beyond the property line from which the emission originates. 6. To prevent track-out, wheel washers shall be installed where project vehicles and/or equipment exit onto paved streets from unpaved roads. Alternatively, a gravel bed may be installed as appropriate at vehicle/equipment site exit points to effectively remove soil buildup on tires and tracks to prevent/diminish track,out. 7. Suspend all grading operations when fugitive dusts exceed SJVAPCD Regulation VIII Fugitive Dust limitations. 8, No trucks are allowed to transport excavated material off-site unless the trucks are maintained such that no spillage can occur from holes or other openings in cargo compartments, and loads are either: covered with tarps; or wetted and loaded such that the material does not touch the front, back, or sides of the cargo compartment at any point less than six inches from the top and that no point of the load extends above the top of the cargo compartment. 9, No open burning or removed vegetation during construction activity. Vegetative materials , \\:\;~f" shall be chipped or removed to waste-to-energy facilities. ;~\J> - .., Page 1 of 30'; m ,- C'; Exhibit A-1 Coditions of Approval GPZlZC 05-1257 Page 2 of 6 10. Sweep (with water sweepers) paved streets adjacent to the project construction site as needed to remove accumulated dust. 11. Use low sulfur fuel for stationary construction equipment if applicable. 12. Utilize existing power sources or clean fuel (natural gas or low,sulfur diesel) generators rather than temporary power generators, when practicable. 13. Minimize idlin9 time to 5 minutes for all diesel-powered equipment. 14. Ensure that all mobile and stationary internal combustion engine equipment is properly maintained and well-tuned according to manufacturer's specifications. 15. Clean earth moving construction equipment with water once per day. 16. An operational water truck shall be onsite at all times. Apply water to control dust as required per SJVAPCD Regulation VIII. Cultural Impact Mitiaation Measures: 17. If archaeological resources are encountered during the course of construction, a qualified archaeologist shall be consulted for further evaluation. 18. 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. Transportation and Traffic: 19. Prior to the issuance of any building permit, the developer shall pay the applicable Regional Transportation Impact Fee (RTIF) to the satisfaction of the City of Bakersfield Public Works Department. 20. Prior to issuance of the first building permit within the project site, the developer shall pay the proportionate share contributions for the intersection improvements not covered by the RTIF as identified in the project traffic study (Ruettgers & Schuler Civil Engineers, August 2005) and contained in the following table: o¡.!,,"{/,,: '" '-)' () {~ '- nì ,-. ; jf~:! ~iNt\i" -.-........--------... ,__~_..___.'~ ___~..._.. __ _..~.._..__ _n_ .._._..__.~,._._..,.__.,.,._. ._0...'_.,_'_._ Exhibit A-1 Coditions of Approval GPZlZC 05-1257 Page 3 of 6 FUTURE STREET IMPROVEMENTS AND LOCAL MITIGATION Allen Rd & White Ln Install Signal - 2 EBL, 1 EBR. 2 WBL, 2 2WBL 3,81% NBL 1 NBT, 1 NBR, 2 SBL, 1 SBR 5 Allen Rd & Campus Park Dr Install Signal - 1 EBL. 1 WBL, 1 WBR. 1 1 EBL, 1 WBL, 1 5.42% NBL. 1 NBT, 1 SBL, 1 SBT, 1 SBR WBR 7 Allen Rd and Pensinger Rd Install Signal- 1 EBL. 1 WBL. 1 NBL, 1 1 EBL. 1 WBL 8.61 % SBL 9 Buena Vista Rd & Pensinger Install Signal - 1 EBL. 1 WBL. 1 NBL. 1 1 EBL, 1 WBL 3.24% Rd NBT. 1 SBL 10 Allen Rd & Panama Ln Install Signal - 1 EBL. 1 EBT. 1 WBL, 1 1 EBL. 1 EBT, 1 5.13% WBT. 1 NBL, 1 NBR. 1 SBL. 1 SBT NBL, 1 NBR 11 Barlow Rd & Panama Ln Install Signal - 1 EBL. 1 EBT. 1 WBL, 1 1 NBL. 1 SBL 3.36% NBL. 1 SBL Install Signal- 2 EBL. 1 EBT. 2 WBL, 1 12 Buena Vista Rd & Panama Ln WBT. 1 NBL, 1 NBT. 1 NBR. 1 SBL. 1 SBT 13 Mountain Vista Dr & Panama Install Signal- 1 EBL. 1 EBT. 1 WBL, 1 1 NBL. 1 SBL 2.78% Ln NBL. 1 SBL Install Signal- 2 EBL. 2 EBT, 2 WBL, 1 14 Old River Rd & Panama Ln WBT. 1 NBL, 1 NBT. 1 NBR. 2 SBL. 1 1 EBT 1,71% SBT, 1 SBR 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 Allen Road: White Ln to Min Ave Buena Vista Rd: McCutchen Rd to White Ln White Ln: Allen Rd to Buena Vista Rd Panama Ln: Allen Rd to Buena Vista Rd Panama Ln: Buena Vista Rd to Gosford Rd Add 2 lanes Add 2 lanes Add 2 lanes Add 2 lanes Add 2 lanes Add 2 lanes 2,89% ADDITIONAL CONDITIONS OF APPROVAL: PlanninQ Department Conditions: 21, Prior to filing a final map on any residential phase adjacent to the Sunset Railroad right-of- way of the Southern Pacific Railroad, the subdivider shall construct an 11 - foot high masonry wall (as measured from highest adjacent grade) along the adjacent tract or submit an updated noise study with alternate mitigation measures. ~Àj(,< -/> ',p '" fT! ,- ':f-iir-;¡f'.fAf"· Exhibit A-1 Coditions of Approval GPz/ZC 05-1257 Page 4 of 6 Public Works Conditions: 22. 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 South Allen Road and Pacheco Road to arterial standard and Pensinger 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 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 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. 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 over sizing costs to the developer. 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. 23. 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 Consolidated 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. 24, 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. 25. Access to the arterial and collector 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. 26. Access to the project area from South Allen Road, Pacheco Road and Pensinger Road is provided by a sub-standard road. With the development of the project area, approved,> '6:;"'''1 m ,-' ;-)R',C~i i'~ þ,t::, Exhibit A-1 Coditions of Approval GPZlZC 05-1257 Page 5 of 6 improved access to the site must be provided. The required improvements shall be 32 feet of paving meeting City design standards for a collector road, with 8' graded shoulders. If it becomes necessary to obtain any off site right of way and if the developer 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, 27. The Buena Vista Road, Pensinger Road, Windermere Street and Panama Lane crossing of the Buena Vista 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. Southern California Edison: 28, The Division recommends that the developer be required to locate, leakage test, and possibly reabandon the abandoned oil wells on,site prior to construction. The Division recommends that oil well locations be recorded on all applicable future maps and that no structure be located over or in proximity of an abandoned well. Both of these issues are adequately addressed in Section 15.66.080.B. of the Bakersfield Municipal Code, which requires any future lot containing an abandoned oil well to be encumbered with a deed restriction specifying the exact location of such well and prohibiting the construction of any structures within ten feet of the well. Staff will coordinate with the Division and the future subdivider of the project site to ensure compliance with these provisions of the Municipal Code. The Division also notified staff that if excavation or grading operations uncover any previously unrecorded well, then the Division's Bakersfield district office must be notified as such wells may require remedial operations; staff will address this potential issue at the tentative subdivision phase of the project. Citv Attornev 29. 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 preceding, 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. Î'6MI(Z' C', 'jR!(;í:'J.¡'\! Exhibit Ä-1 Coditions of Approval GPz/ZC 05-1257 Page 6 of 6 JS:jm S:\GPA 1st 2006\05,1257\Staff Reports\Exhibit A,1.doc '?J.rc.,k-¡.:- . '1' ::.P 'n !'!I ,", :nji;lf'iÞ,;'-",i 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 22nd day of June ,2006 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4359 passed by the Bakersfield City Council at a meeting held on the 21st day of June, 2006 and entitled: ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONING MAP122-24) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM ~ (AGRICULTURE) TO R-1 (ONE-FAMILY DWELLING) ON 80 ACRES, GENERALLY LOCATED AT THE NORTHEAST CORNER OF SOUTH ALLEN AND PENSINGER ROAD (ZC NO. 05-1257) PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield By: ~~ 1f1c DEPUTY C' CI rk S:\DOCUMENT\FORMSIAOP. ORD .wpd \)~i( ({ ., ~n 'jH¡':; J.\'