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Home My WebLink AboutORD NO 4383 ORDINANCE NO. 4 S 8 8 AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONING MAP 102-04) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM A (AGRICULTURE) TO R-1 (ONE FAMilY DWELLING) ON 90 ACRES, GENERAllY lOCATED ON THE EAST SIDE OF COFFEE ROAD. NORTH OF SNOW ROAD. AND WEST OF THE BEARDSLEY CANAL. (ZC NO. 05-1453). 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 east side of Coffee Road, north of Snow Road, and west of the Beardsley Canal; and WHEREAS, by Resolution No. 87-06 on April 6, 2006, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 05-1453 as delineated on attached Zoning Map 102-04 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-1 (One Family Dwelling) on 90 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 March 10, 2006, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows single family residential and multiple family residnetial 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. 87- 06, adopted on April 6, 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 ~ ~AK~~ o ~ 1 >- - ::: ~ " <:> I')RIGINAl 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 21082.2 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 102-04 marked Exhibit "A" attached hereto and made a part hereof, and are more specifically described in attached Exhibit liB ". 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. 05-1453. 2 X ~AK~~ o <Jl :>- ~ :: J!J ';) ,)RIGINAI~ 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. ------.-.()()()----.---- 3 ~ ~AKf"9 o ~ >- - ~ P- o D ORIGINAl ~ ~ ABSTAIN: ABSENT: I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on SEP 13 2006 by the following vote: ~ v- &-- .....--- 0...--- ____ ~ COUNCILMEMBER COUCH. CARSON. BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER ~ 11. ('{\,/ ,,, 1fi PAMELA A. McCARTHY. C CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED SEP 13 2006 HARVEY L. HALL Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney By: ~ tn, .JAP,~ /J Exhibit A - Zoning Map 102-04 B - Zone Change Legal Description C - Mitigation/Conditions of Approval 4 ~ ~AK~1> o ~ )r- ~j - \- m _ t- o (:) '1RIGINAl JS - S:\GPA 1st 2006\05-1453\Resolution\CC ZC Ordinance.doc e Exhibit A Zoning Map 102-04 e ~ ~AK~-9 C) <.r ~ ' ~ I- m - ,.... o ORIGINAC> ""lIl::t'" o~ I aC' N o I i- I I. : I ; !ll :I; - I; I; II ! I i ,II; ~ ! I I i Ii i Idl~ElMi!iilh II! :1 nil!! 1IIIi'hIJ&J!'f~ ~I! lil U...;! f hil ~~:~:~:~h!llll~~ xl~i ..~iiUI~1 D~t~tlij I :1.. Nwi wAci "';1 1.1!~!~.8.!"!.~~s~= IIU!!~~"'~~ H:l~~ I !~z!Q~.-i lac.au. ;'~~~iz~ww~~~;~ II i!! i~! n ji 211 ; J 5 ! ~ I i Iii i I i III ~ ~ g i i ~t '.Z, ~ o~ et ," ..' (r~4 - 90.... aII<(o- ~::E: all 1IC :Ie)' Z ~-..., Zo ~o . tN~ CJ (I) II. ! II i!l ilK. IIII~ .. . "......"_N ! i' t'l' . . :f . . . I cJ I I. .... ~ . . ~1..uuu~aal.cc~3 .t=.....~1 ?; " ..." "..N ... .... ZONE CHANGE 05-1453 ~ " . 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I .i ZONING MAP 1020~ORIGINAL 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 C-B Central Business R-S-1A Residential Suburban 1 acre minimum lot size PCO 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 OS Open Space R-3 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 High Density 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 01 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 HO Hillside Development Combining PUO Planned Unit Development TT Travel Trailer Park MH Mobilehome S:\Forms\zoneDistricts.doc x 'Qr..K~~ C> ~ >- - l- m _ r- t.:> <:> ORIGINAL e Exhibit B Zone Change Legal Description e ~ rof\K~~ o <P >- '! l- n - r- (,) ORIGINAE> , f#' Legal Description . General-P-Ian-AmendmentlZonLChange . Contains: 89 :t Ace... /jI From A to R-1 Contains: 84 :t Ac.... . A portion of the South % of Section 4. Township 29 South. Range 27 East, Mount Diablo Base and Meridian. in the unincorporated area of the County of Kem. . state of CaUfor:nia. according to the Official ,Plat thereof; Excepting therefrom the Westem 430.00 feet of the Southem 500.00 feet of said portion of the South % of Section 4. From A to R-1 Contains: & :t Ac.... . A portion of the South % of Section 4. Township 29 South. Range 27 East, Mount Diablo Base and Meridian. in the unincorporated area of the County of Kem. State of, Califomia, according to the Official Plat ,thereof and more particularly described as follows: ' . , , ' The Westem 500.00 feet of the Southem 430.00 feet of a portion of the South % of said Section 4. . ' GPAlZC-SnoW&Coffee-3B-Lega! ~ rof\J(~~ ~ ~ ~ ;fj (,) ,... ORIGINAI(;:) Exhibit C Mitigation/Conditions of Approval ~ ~t>.KS'~ o ~ >- - .... m .- t- o.'J "R1G1NAt' EXHIBIT C Conditions of Approval General Plan Amendment/Zone Change/Annexation No. 05-1453 MITIGATION MEASURES FROM NEGATIVE DECLARATION: Air Quality 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: . Properly and routinely maintain all construction equipment, as recommended by manufacturer manuals, to control exhaust emissions. . Shut down equipment when not in use for extended periods of time to reduce emissions associated with idling engines. . Encourage ride sharing and use of transit transportation for construction employee commuting to the project sites. . Use electric equipment for construction whenever possible in lieu of fossil fuel-fired equipment. . Curtail construction during periods of high ambient pollutant concentrations; this may include ceasing of construction activity during the peak-hour of vehicular traffic on adjacent roadways. 2. Construction of the project requires the implementation of control measures set forth under Regulation VIII, Fugitive PM10 Prohibitions of the San Joaquin Valley Air Pollution Control District. The following mitigation measures, in addition to those required under Regulation VIII can reduce fugitive dust emissions associated with these projects: . All disturbed areas, including storage piles, which are not being actively utilized for construction purposes, shall be effectively stabilized of dust emissions using water, chemical stabilizer/suppressant, covered with a tarp or other suitable cover, or vegetative ground cover. . All onsite unpaved roads and offsite unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizer/suppressant. . All land clearing, grubbing, scraping, excavation, land leveling, grading, cut and fill, and demolition activities shall be effectively controlled of fugitive dust emissions utilizing application of water or by presoaking. . When materials are transported offsite, all material shall be covered, or effectively wetted to limit visible dust emissions, and at least six inches of freeboard space from the top of the container shall be maintained. ~ ~t>.KS'~ o ~ >- - ~ J!] 'J C;:) Page 1 of 5 ORIGINAL Exhibit C GPAlZC 05-1453 Conditions of Approval . All operations shall limit or expeditiously remove the accumulation of mud or dirt from adjacent public streets at the end of each workday. (The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions. Use of blower devices is expressly forbidden). . Following the addition of materials to, or the removal of materials from, the surface of outdoor storage piles, said piles shall be effectively stabilized of fugitive dust emissions utilizing sufficient water or chemical stabilizer/suppressant. . Within urban areas, trackout shall be immediately removed when it extends 50 or more feet from the site and at the end of each workday. . Any site with 150 or more vehicle trips per day shall prevent carryout and trackout. . Asphalt-concrete paving shall comply with San Joaquin Valley Air Pollution Control District Rule 4641 and restrict the use of cutback, slow-cure and emulsified asphalt paving materials. . Cease grading activities during periods of high winds (greater than 20 mph over a one hour period). . Limit construction-related vehicle speeds to 15 mph on all unpaved areas at the constructions site. . Implementation of carryoutltrackout mitigation measures, such as gravel pads, in accordance with the requirements of the SJVAPCD Regulation VIII. . To encourage pedestrian traffic, prior to the completion of the construction phase, the developer shall install sidewalks throughout the project. Culturallmoact Mitication Measures 3. 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. 4. 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 Califomia 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. TransoortationlTraffic 5. 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. 6. 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, September 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 ~:~t>.KS'?>(fl o -1'1 >- - l- m "0 r'lRIGINAF Page 2 of 5 Exhibit C GPAlZC 05-1453 Conditions of Approval TABLE 1 FUTURE INTERSECTION IMPROVEMENTS AND LOCAL MITIGATION Coffee Road & ih Standard Road Install Signal - 2 EBL, 2 EBT, 2 EBR, 2 WBL, 2 WBT, 1 WBR, 2 NBL, 2 NBT, 2 NBR, 2 SBL, 2 SBT, 1 SBR Install Signal- 1 EBL, 1 WBL, 1 SBL Install Signal- 1 EBL, 1 WBL, 1 NBL, 1 SBL Install Signal- 1 EBL, 1 WBL, 1 NBL, 1 NBT, 1 SBT, 1 SBR 1 EBL, 1 EBT, 1 WBL, 1 WBT, 1 NBL, 2 NBT, 1 SBL, 2 SBT 2 SBT, 1 SBR 1.77% Patten Way & Snow Road Fruitvale Avenue & Snow Road 1 SBL 33.33% 1 SBL 24.54% Coffee Road & Norris Road 1 EBL, 1 WBL, 1 NBL, 1 NBT 10.65% Knudson Drive & Olive Drive 1 SBL, 2 SBT 3.06% Notes: NB=Northbound SB=Southbound WB=Westbound EB=Eastbound L=Left Tum Lane T=Through Lane R=Rlght Tum Lane TABLE 2 FUTURE ROADWAY IMPROVEMENTS AND LOCAL MITIGATION 7 Standard Road: Callowa Drive to Coffee Road Notes: , Current interchange and grade separation project will construct required improvements 2 Additional lanes can be rovided throu h stri in Mitigation for significant traffic impacts. City Attornev 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. Page 3 of 5 ~ ~t>.KS'~ o ~ >- - r- rr - ,... a ORIGINAP Exhibit C GPAlZC 05-1453 Conditions of Approval 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. ADDITIONAL CONDITIONS OF APPROVAL: Public Works Conditions: 8. Along with submittal of any development plan, improvement plan, or application for a lot line adjustment, the following shall occur: 1. Provide fully executed dedication for Coffee Road and Snow 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. 2. 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. 3. The GPAlZC area is within the service area of the North of River Sanitary District No.1. Sewer service in this area must conform to the NORSD's adopted Sewer Study, and construction of sewer lines shall be per NORSD's requirements. All trench backfill and paving within the public right-of-way shall require an Open Street Permit and be as per the City of Bakersfield's adopted standards. 4. 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. 9. 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 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. It is required that the developer join the North of the River Park Maintenance District. For orderly development. 10. Access to the arterial 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. For orderly development. Page 4 of 5 ~ ~f\K~~ o ~ >- - :_ m - t- . :J C;:) 0RIGINAI Exhibit C GPAlZC 05-1453 Conditions of Approval 11. 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. 12. The Snow Road and Coffee Road crossings of the Lerdo 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. For orderly development. 13. Recional Transoortation Imoact Fee Pay the standard residential fees, as adopted at time of development. For orderly development. Planninc 14. Roof mounted air conditions shall not be permitted on homes with lots that abut Snow Road. Added by City Council. 15. There shall be one ingress and egress along Snow Road having right turn out only. Additional ingress/egress may be permitted on Coffee Road. Added by City Council. 16. The developer shall construct the entire median along the Snow Road frontage of the project site. Added by City Council. 17. The maximum number of permitted dwelling units shall not exceed 350. Added by City Council. 18. The roof material for all structures within the project area shall be tile. Added by City Council. 19. In lieu of customary builder's wood fences, in addition to any other fence or wall requirements. block walls shall be constructed along subdivision entrances along the rear and side yards of lots at those entrances that connect to Snow and Coffee Road. Added by City Council. JS:jm S:\GPA 1st 2006\05-1453\Staff Reports\Exhibit A-1.doc Page 5 of 5 ~ rot>.KS'?i o ~ ~ - - m - ,... o .'J'1RIGINAf' 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. 4383 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 THE SECTION 17.06.020 (ZONING MAP 102-04) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM A (AGRICULTURAL) TO R-1 (ONE FAMILY DWELLING) ON 90 ACRES, GENERALLY LOCATED ON THE EAST SIDE OF COFFEE ROAD, NORTH OF SNOW ROAD, AND WEST OF THE BEARDSLEY CANAL. (ZC NO. 05-1453). PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield ~ By' ' DEPUTY . Clerk C S:\DOCUMENT\FORMS\AOP ,ORD,wpd ~ <o~KS"~ Q ~ >- " - ~ ~ <..) ~. ORIGINAl