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Home My WebLink AboutORD NO 4378 ORDINANCE NO. 4 8'7 8 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 A (AGRICULTURE) TO R-2-CH (LIMITED MULTIPLE FAMILY DWELLING/CHURCH OVERLAY ZONE) ON 18.43 ACRES. GENERALLY LOCATED SOUTHEAST OF TAFT HIGHWAY AND GOSFORD ROAD. (ZC NO. 05-1918). 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 southwest corner of East Berkshire Road and Madison Street; and WHEREAS, by Resolution No. 118-06 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. 05-1918 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 A (Agriculture) to R-2-CH (Limited Multiple Family Dwelling/Church Overlay Zone) on 18.43 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. 118-06, 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." 7. Based on the absence of evidence in the record as required by Section 21082'~~K~ of the State of California Public Resources Code (CEQA) for the purposes of J- ,~~ >- - i:;:: J!] v ~ 0RIGINAL follows: 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. 05-1918. ~ ~AK~-9 o ~ ~ - I- m - t- o <:> ORIGINAL 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. ...._----()()()-------_. ~ ~AKt~ o ~ ~ - !:: f!1 t.:> <:> OR'~I~Al 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: ~~ ~ ..-- COUNCILMEMBER COUCH, CARSON. BENHAM, MAGGARD, HANSON, SULLIVAN. SCRIVNER COUNCILMEMBER cOUNclLMEMBER COUNCILMEMBER the ~ NC5ES:' ABSTAIN: ABSENT: ........- ..-- PAMELA A. McCARTHY, C'YI CITY CLERK and Ex Officio lerk of the Council of the City of Bakersfield APPROVED SEP 1 3 2006 HAR EY L. HALL Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney BY:~~ ~ Exhibit A - Zoning Map 142-04 B - Zone Change Legal Description C - Mitigation/Conditions of Approval JS - S:\GPA 2nd 2006\05-1918\Resolutions\Cc Ordinance Zc.05-1918.doc ~ ~AI(~~ o ~ ~ - I- m _ t- O ~ Exhibit A Zone Map 142-04 ~ ~AK~-9 o <.r ~ ~ I- m - r- V <:> ORIGINAL ~..; o~ Ira: N ~ - 9 a.. .. !!:!<(- ~~: 1&1 x IC) Z ~Z~ ~Ofd uN." I!l iE. :; II.!:! &lMt I " I~ I i- I :. S: i I' IIII ! I ~ I. It.li ~ .' U III j .. II I .. IltllUji!i!illll Ul II 1I11~ ~ nhIiM:i!~~I.iI!~d 1111.!!dll;1 ~~~~~l;.I'il!I~~~8~EI~I~IJI~IN!!II!~!1 Ii I~a!:!... .Wa~"old~~~ ;1;1= .. liill;il!I!I!!llil!!iiilllillilll!:li t: ,....,-..... ~ ._....~_.. ! t' t'l' . I.. 1....&.'0'_... 4 &. ~ · ...... ~.....u..~..I...~a at.~~..1 ~. z: ::::) , o '.cllll\ ~ ZONE CHANGE 05-1918 I l I .: i ~, . ,,, "." HI + +- I -----,--- -~ ! I i I I I I I ! I I I -----------f I ~ I I .. I .. ~ I ~ . -----.....--__J t - c , - ! . .l: + -----, j ! I 'I' .,,, ." "I I I ~~A ~ C) I '; ZONING MAP 142-04 - J!! ,.:> <:> ')""aJNAI +- ~ ..~ ... ~ .. . CITY OF BAKERSFIELD ZONING DISTRICT DESIGNATIONS . ----.- -----_._~.- R-1 One Family Dwelling C-o Professional and Administration Office 6,000 sq.ft. minimum lot size , I 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./dwelling unit , C-B 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 Manufaduring R-S-5A Residential Suburban 5 acre minimum lot ,ize 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 Overtay 6,000 sq.ft. min lot size (multifamily) . I 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.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\zoneDisbicts.doc ~ ~AK~1> o <.r ~ ~ I- m - r- o oRIGINA'<:> ex> ~ 0) ~ I LC) o w .C) z <( :I: U W Z o N i ~ ~~ 2 ~ II Z ~0 -2.~ ;;;, I ! I 8 N 0 ~ ~ c c ~ avo~ a~o:l ii" ~ ... c C ~ ! U') c !: ~ W W ...... ~ ~ en en ~ ...- ~ , , ~ c m r- t.:> (:) ORIGINAL Exhibit B Zone Change Legal Description x roAK~-9 o ~ ~ - I- m - r- o c::, ORIGINAl . A .\ , , " ., ....... o.MIp8on GeIwaI PIM AnIencImenIIZan Change FranI A to R-Z-CH: aaNG A PORTION OF LOT 81N THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE WEST HALF OF SECTION 4, TC7NNSHIP 31 SOUTH, RANGE Z1 EAST, MOUNT DIABLO BASE AND MERIDIAN. IN THE COUNTY OF KERN, STATE OF CAUFORNIA, ACCORDING TO THE OFFICIAL PLAT: CONTAINS: 1ua ACRES * -S' x roAK~~ () <.r >- ~ r- m ~ !; 0RIGINAl Exhibit C Mitigation/Conditions of Approval J. ~AK~1><p ~ . ~ r? m () ,... ( ORIGINAC' EXHIBIT C Condition of Approval General Plan Amendment/Zone Change No. 05-1918 Air Quality Impact Mitiaation 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 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 second of any vehicles and equipment traveling across unpaved areas must be no more that 15 miles per. · Storage piles and disturbed areas no 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 prevent/diminish track-out. · Suspend all grading operations when fugitive dusts exceed SJV APCD Regulation VII 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 he cargo compartment. · No open burning of removed vegetation during construction activity. Vegetative materials shall be chipped or remove to waste-to-energy facilities. ~AKs: · Sweep (with water sweepers) paved streets adjacent to the project construction site ~ '9~ >- - J::: J! <:> ~ ORIGINAl Exhibit C Conditions of Approval GPAlZC 05-1918 Page 2 of 5 needed to remove accumulated dust. . 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 Regulations VIII. Cultural Impact 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 Impact 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 Total Improvements Required by Local Mitigation Project % Share for # Intersection (Improvements not 2025 covered by RTIF) Local Mitigation 1 Gosford Road and 2 EBl, 2 EBT, 1 EBR, 2 WBl, 2 WBT, - - oJ X ~AK~1> tJl >- " ~ I- m -- ,.... Q ()RIGINAC' Exhibit C Conditions of Approval GPAlZC 05-1918 Page 3 of 5 Panama lane 2 NBl, 1 NBT, 1 NBR, 1 SBl, 1 SBT 2 Gosford Road and Install Signal- 1 EBl, 1 WBl, 1 NBl, McCutchen Road 1 NBT, 1 SBl, 1 SBT - - 3 Gosford Road and Install Signal- 1 NBl, 1 SBl Taft Highway (SR- 1 NBl 17.49% 119) 4 Ashe Road and Install Signal - 1 EBl, 1 WBl, 1 Taft Highway (SR- WBT, 1 NBl, 1 SBl 1 NBl 3.34% 119) Notes: NB = Northbound, SB = Southbound, WB = Westbound, EB = Eastbound l = left Tum lane, T = Throuoh lane, and R = Rioht Turn lane Table 2 Future Roadway Improvements and Local Mitigation Total Local Mitigation Project Share Roadway Improvements (Improvements for Required by not covered by 2025 RTIF) Local Mitigation Gosford Road: Pacheco Road to Panama lane Add 2 lanes - - Gosford Road: Panama lane to McCutchen Road Add 2 lanes - - Panama lane: Old River Road to Gosford Road Add 2 lanes - - Panama lane: Gosford Road to Ashe Road Add 3 lanes Add 1 lane 1.23% Taft Highway (SR-119): Old River Road to Gosford Add 2 lanes - - Road Taft Highway (SR-119): Gosford Road to Ashe Road Add 2 lanes - - Taft Highway (SR-119): Ashe Road to Stine Road Add 2 lanes - - ADDITIONAL CONDITIONS OF APPROVAL: Public Works Conditions: 6. 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, Gosford 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 GPA/ZC 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 ~AK~.I\ necessarily be sized to serve a much larger area that the project area. The City is willing td< -~ ~' ~ I- Tn - ,..... t.:> ~ ORIGINAL Exhibit C Conditions of Approval GPAlZC 05-1918 Page 4 of 5 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. 7. 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. 8. 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. 9. There will be no access to Taft Higway. For orderly development. 10. The developer shall contribute to a major bridge and thoroughfare district for the crossing of the canal east of the area at Taft Highway. For orderly development. 11. Local Mitication 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 7 and 8 of the traffic study. 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. Proportionate shares based PM peak trips from study as follows: Ashe Rd & Taft Hwy (SR 119), Add 1 NBL, 3.34% share Gosford Rd & Taft Hwy (SR 119), Add 1 NBL, 17.49% share Panama Ln, Gosford Rd to Ashe Rd, Add 1 lane, 1.23% 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 Recional Transportation Impact Fee 12. Pay the standard residential fees, as adopted at time of development. For orderly development. City Attornev 13. 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 ("Applicanf' 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 the~~AK~~ o ~ ~ - t:: ~ o () ORIGINAL Exhibit C Conditions of Approval GPAlZC 05-1918 Page 5 of 5 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 regard less 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. JS :S:\GP A 2nd 2006\05-1918\Staff Report\Exhibit A-1.doc ~ ~AKS'~ <:) ~ >.. - I- m - r- o () f"IRIGINAL 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. 4378 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 THE ZONING FROM A (AGRICULTURAL) TO R-2-CH (LIMITED MULTIPLE FAMILY DWELLING/CHURCH OVERLAY ZONE) ON 18.43 ACRES, GENERALLY LOCATED ON THE SOUTHEAST OF TAFT HIGHWAY AND GOSFORD ROAD. (ZONE CHANGE NO. 05-1918). PAMELA A. McCARTHY City Clerk and Ex Officio of the :~:aCimrSfie'd DEPU Y CI Clerk S:\DOcUMENT\FORMS\AOP .ORD.wpd ~ ~AI(~?> o <.r ~ ~ t; {!: v OR'G'NAl~