HomeMy WebLinkAboutORD NO 4377
ORDINANCE NO. .. 8' 'I
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND
AMENDING SECTION 17.06.020 (ZONING MAP 142-04) OF TITLE
SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY
CHANGING THE ZONING FROM E-20-RS (ESTATE - 2 ACRE -
RESIDENTIAL SUBURBAN) TO R-2 (LIMITED MULTIPLE FAMILY
DWELLING) ON 28.87 ACRES, GENERALLY LOCATED ON THE
SOUTHWEST CORNER OF TAFT HIGHWAY AND ASHE ROAD. (ZC
NO. 05-1917).
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 on the southwest corner of Taft Highway and Ashe Road; and
WHEREAS, by Resolution No. 116-06 on June 15, 2006, the Planning Commission
recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to
approve Zone Change No. 05-1917 as delineated on attached Zoning Map 142-04 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 E-20-RS (Estate - 20 Acre - Residential Suburban>
to R-2 (Limited Multiple Family Dwelling) on 28.87 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 May 5,
2006, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows multi-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. 116-06, adopted on June 15, 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 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 for the project in accordance with CEQA.
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."
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follows:
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 agency's
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
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 142-04 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. 05-1917.
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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 passed and adopted, by
Council of the City of Bakersfield at a regular meeting thereof held on
SFP 1 3 2006 by the following vote:
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COUNCILMEMBER COUCH, CARSON, BENHAM. MAGGARD, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
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ABSTAIN:
ABSENT:
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PAMELA A. McCARTHY, C
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
SEP 1 3 Z006
HARVEY L. HALL
Mayor of the City of Bakersfiel
APPROVED as to form
VIRGINIA GENNARO
City Attorney
By: 1kX1/: In ~
Exhibit A - Zoning Map 142-04
B - Zone Change Legal Description
C - Mitigation/Conditions of Approval
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Exhibit A
Zoning Maps 142-04
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CITY OF BAKERSFIELD ZONING DISTRICT DESIGNATIONS
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R-1 One Family Dwelling C.o Professional and Administration Office
6,000 sq.fl minimum lot size .
C-1 Neighborhood Commercial ,
E Estate
10,000 sq.ft. minimum lot size C-2 Regional Commercial
R-5 Residential Suburban C..c Commercial Center
24,000 sq.ft./dwelling unit
C-B Central Business
R-8-1A Res~entlalSuburban
1 acre minimum lot size PCD Planned Commercial Development
R-8-2.6A Res~entlalSuburban M-1 Light Manufacturing
2% acre minimum lot size
M-2 General Manufacturing
R-8-6A Res~entlal Suburban
5 acre minimum lot size M-3 Heavy Industrial
R-8-10A Res~ential 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.fl min lot size (multifamily) "
2,500 sq.ft. lot area/dwelling unit OS Open Space
R-3 Limited Multiple Family Dwelling HOSP Hospital Overlay
6,000 sq.ft. minimum lot size
1,250 sq.fllot area/dwelling unit AD ArchitectUral Design OVerlay
R-4 Limited Multiple Family DweHilig FP.p Floodplain Primary
6,ooosq.ft. minimum lot size
6oosq.fllot 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 Extactlon Combining
A-20A Agriculture SC Senior Citizen OVerlay
20 acre minimum lot size
Planned Unit Development HD Hillside Development Combining
PUD
TT Travel Trailer Park
MH Mobilehome
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Exhibit B
Zone Change Legal Description
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ZONE CHANGE FROM RS 20 A to R-2
LEGAL DESCRIPTION
The parcel of land referred to herein below is situated in the County of Kern, State of '
California and is more particularly described as follows:
All that portion ofthe E 1/2 ofthe NE 1/4 ofthe NE 1/4 and the E 1/2 of the W 1/2 ofthe NE
. 1/4 of the NE 1/4 of Section 4, Township 31 South, Range 27 East, MOM.
EXCEPTING THEREFROM that portion thereof conveyed to R. C. Correy by deed re-
corded April 3, 1926 in Book 116, Page 409 of Official Records, more particularly described
as follows:
Beginning at the northwest corner ofthe E 1/2 ofthe NW 1/4 ofthe NE 1/4 ofthe NE 1/4 of
. said Section 4; thence southerly along the Westerly boundary of said E 1/2 616.42 feet;
thence Easterly, parallel to the Northerly boundary of said E 1/2 212 feet; thence northerly
parallel to the westerly boundary 616.42 feet; thence westerly along the Northerly boundary
of said E 1/2, 212 feet to the point of beginning.
Covers Assessor's Parcel Number 184-260-09.
Said parcel contains 28.87 acres, more or less.
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CMI EJ'fgineering, Inc.
11080UTH MONTCLAIR. 8U1T1104
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Exhibit C
Mitigation/Conditions of Approval
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ORIGINAL
EXHIBIT C
Conditions of Approval
General Plan Amendment/Zone Change No. 05.1917
Air Quality Imoact Mitication 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 latest
URBMMIS 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:
· Construction equipment exhaust emissions shall not exceed SJVAPCD Rule 4101 Visible
Emission limitations.
· Unpaved areas subject to vehicle traffic will be watered twice daily or more frequently as
needed.
· The speed of any vehicles and equipment traveling across unpaved areas must be no more
than 15 miles per hour.
· Storage piles and disturbed areas not subject to vehicular traffic must 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.
· Prior to any ground disturbance, including grading, excavating, and land clearing, sufficient
water must 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.
· To prevent track-out, wheel washers should 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 prevenUdiminish track-out.
· Suspend all grading operations when fugitive dusts exceed SJVAPCD Regulation VIII
Fugitive Dust limitations.
· 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.
· No open burning of removed vegetation during construction activity. Vegetative materials
shall be chipped or removed to waste-to-energy facilities.
· Sweep (with water sweepers) paved streets adjacent to the project construction site as
needed to remove accumulated dust. roi\Ks:
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Exhibit C
Condition of Approval
GPAlZC 05-1917
Page 2 of 5
· Use low sulfur fuel for stationary construction equipment if applicable.
· Utilize existing power sources or clean fuel (natural gas or low-sulfur diesel) generators
rather than temporary power generators, when practicable.
· Minimize idling time to 5 minutes for all diesel-powered equipment.
· Ensure that all mobile and stationary internal combustion engine equipment is properly
maintained and well-tuned according to manufacturer's specifications.
· Clean earth moving construction equipment with water once per day.
· An operational water truck shall be onsite at all times. Apply water to control dust as required
per SJVAPCD Regulation VIII.
Culturallmoact Mitication Measures
2. If archaeological resources are encountered during the course of construction, a qualified
archaeologist shall be consulted for further evaluation. Mitigation for potentially significant cultural
resource impacts.
3. 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. Mitigation for potentially significant cultural resource impacts.
Traffic and Circulation Imoact Mitication Measures
4. 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. Mitigation for significant traffic impacts.
5. Pay the proportionate share of the following mitigation measures (not paid for by the
RegionalTransportation Impact Fee nor include with normal development improvements) as
indicated in Tables 7 of the traffic study (Ruettgers & Schuler, December 2005). 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. The recommended mitigations can be found in Table 1 and Table 2:
Table 1
Future Intersection Improvements and Local Mitigation
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Exhibit C
Condition of Approval
GPAlZC 05-1917
Page 3 of 5
1 Ashe Road & Panama lane Install Signal- 2 EBT, 2 NBl, 1 SBll 4.46%
1 NBT, 1 SBl
Install Signal - 1 EBl, 1 EBT,
2 Ashe Road & Taft Highway (SR-119) 1 WBl, 1 WBT, 1 NBl, 1 1 SBl 15.56%
SBl
3 Stine Road & Taft Highway (SR-119) Install Signal - 1 EBl, 1 WBl, 1 SBl 7.44%
1 NBl, 1 SBl
4 Wible Road & Taft Highway (SR-119) Install Signal- 1 EBT, 1 NBl, 1 SBl 4.74%
1 SBl
Notes:
1 = Striping Only
NB = Northbound L = Left-Turn Lane
SB = Southbound T = Through Lane
WB = Westbound R = Right-Turn Lane
EB = Eastbound
Table 2
Future Roadway Improvements and Local Mitigation
Add 3 lanes, Add median
Add 2 lanes
Add 2 lanes
Add 1 lane
1.13%
ADDITIONAL CONDITIONS OF APPROVAL:
Planninc Deoartment:
6. Concurrently with recordation of any phase that includes the pipeline easements or portions thereof,
subdivider shall show the easements on the final map with a notation that structures including
accessory buildings and swimming pools, are prohibited within the easements and record a
corresponding covenant. For health, safety, and welfare.
7. Prior to or concurrently with recordation of any phase that includes the pipeline easements or
portions thereof, subdivider shall show on the final map that no habitable portion of a structure may
be built within 50 feet of a gas main, or transmission line, or refined liquid product line with 36 inches
of cover, and record a corresponding covenant. For health, safety, and welfare.
8. No structure may be within 40 feet of a hazardous liquids pipeline bearing refined product, within 48
inches or more of cover. If a pipeline meets this criteria, the 40 foot setback line shall be shown in
the final map and a corresponding covenant shall be recorded prior to or concurrently with
recordation of any phase that is affected. For health, safety, and welfare.
9. Prior to or concurrently with recordation of any phase within 250 feet of the pipeline easements,
subdivider shall record a covenant disclosing the location of the pipelines on all lots of this
subdivision within 250 feet of the pipelines. For health, safety, and welfare.
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Exhibit C
Condition of Approval
GPAlZC 05-1917
Page 4 of 5
Public Works Conditions:
10. Along with the submittal of any development plan, prior to approval of improvement plans, or with
the application for a lot line adjustment or parcel merger, the following shall occur:
a. Provide fully executed dedication for Taft Highway to Caltrans standards and Ashe 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. For orderly development.
b. For storm drainage, only 1 sump will be allowed to serve the entire GPAlZC area. This
sump must be located on the periphery of the GPAlZC area so that additional area may be
served. The City's policy is no more than one sump per 80 acres of residential development.
The developer shall cooperate in the formation of a Planned Drainage Area over the north
half of the section. For orderly development.
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 oversizing costs to the developer. For
orderly development.
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. For orderly development.
11. 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. For orderly development.
12. There will be no access to Taft Higway. For orderly development.
13. 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.
For orderly development.
14. The developer shall contribute to a major bridge and thoroughfare district for the crossing of the
Farmers canal at Taft Highway and at Ashe Road. For orderly development.
15. Local Mitiaation
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
Tables 6 and 7 of the traffic study. An estimate and fee schedule should be developed by th~~AK~~
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Exhibit C
Condition of Approval
GPAlZC 05-1917
Page 5 of 5
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:
Ashe Rd & Panama Ln, Add 1 SBL 1, 4.46% share
Ashe Rd & Taft Hwy (SR 119), Add 1 SBL, 15.56% share
Stine Rd & Taft Hwy (SR 119), Add 1 SBL, 7.44% share
Wible Rd & Taft Hwy (SR 119), Add 1 SBL, 4.74% shares
Panama Ln, Gosford Rd to Ashe Rd, Add 1 lane, 1.13% share
Notes: NB - north bound, SB - south bound, WB - west bound, EB - east bound
L - Left turn lane, T - Through lane, R - Right turn lane
1 - Striping only
16. Reaional Transportation Impact Fee
Pay the standard residential fees, as adopted at time of development. For orderly development.
City Attornev:
17. 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 ofthis 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 fi rm or attorney chosen by another entity
or party.
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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 14th day of September ,2006 she posted on the Bulletin Board at
City Hall, a full, true and correct copy of the following: Ordinance No. 4377 passed by
the Bakersfield City Council at a meeting held on the 13th day of September. 2006
and entitled:
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION
AND AMENDING SECTION 17.06.020 (ZONING MAP 142-04) OF
TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE
BY CHANGING ZONING FROM E-20-RS (ESTATE - 2 ACRE-
RESIDENTIAL SUBURBAN) TO R-2 (LIMITED MULTIPLE FAMILY
DWELLING) ON 28.87 ACRES, GENERALLY LOCATED ON
THE SOUTHWEST CORNER OF TAFT HIGHWAY AND ASHE
ROAD. (ZONE CHANGE NO. 05-1917).
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
BY.~~ 1:;J
DEPU Y C Clerk
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