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HomeMy WebLinkAboutORD NO 4410 ORDINANCE NO. 4 4 1 0 AN ORDINANCE AMENDING SECTION 17.06.020 (ZONE MAP NO. 124- 16) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM AN R-1 (ONE FAMILY DWELLING) TO AN R-2 (LIMITED MULTIPLE FAMILY DWELLING) ZONE ON 40.6 ACRES GENERALLY LOCATED ON THE NORTHWEST CORNER OF EAST WHITE LANE AND WASHINGTON STREET FROM TO ALLOW A SMALL LOT SINGLE FAMILY HOME DEVELOPMENT (FILE # 06-1043). WHEREAS, in accordance with the procedure set forth in the provisions of Title 17 of the Municipal Code of the City of Bakersfield, the Planning Commission held a public hearing on a petition to change the land use zoning of those certain properties in the City of Bakersfield generally located on the northwest corner of East White Lane and Washington St. (Exhibit "2"); and WHEREAS, by Resolution NO.236-06 on December 7,2006, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 06-1043 as delineated on attached Zoning Map No. 124-16 marked Exhibit "3", by this Council and this Council has fully considered the recommendations made by the Planning Commission as set forth in that Resolution; and WHEREAS, the Planning Commission, as a result of said hearing, did make several general and specific findings of fact which warranted a negative declaration of environmental impact and changes in zoning of the subject property from R-1 (One Family Dwelling) zone to R-2 (Limited Multiple Family Dwelling) zone on 40.6 acres to allow a small lot single family residential development in conjunction with proposed Vesting Tentative Tract 6871; and WHEREAS, the Council has considered said findings and all appear to be true and correct; and WHEREAS, the law and regulations relating to the preparation and adoption of Negative Declarations, as set forth in CEQA and City of Bakersfield's CEQA Implementation Procedures, have been duly followed by city staff, Planning Commission and this Council; and WHEREAS, for the above described project, an initial study was conducted and it was determined that the proposed project would not have a significant effect on the environment and a Negative Declaration was prepared and approved by City Council on November 9, 2005 in conjunction with GPAlZC 05-0417and in accordance with CEQA; and WHEREAS, said Negative Declaration is applicable to and appropriate for this project; and WHEREAS, there have been no substantial changes to the project or circumstances under which it will be undertaken; and WHEREAS, no new environmental impacts have been identified; and -1 - ~ 'OAIt~~ :;...0 \11 I- rn (3 G ORIGINAL WHEREAS, the general plan designation for this area allows single family residential development; and WHEREAS, the City Council has considered and hereby makes the following findings: 1. All required public notices have been given 2. The provisions of the California Environmental Quality Act (CEQA) have been followed. 3. The public necessity, general welfare and good zoning practice justify the requested change of zone from the existing zoning district to R-2 (Limited Multiple Family Dwelling) zone. 4. The overall design of the project, as conditioned, is consistent with the Low Density Residential Land Use designation, goals and policies of all elements of the general plan. 5. The conditions of approval, attached hereto as Exhibit "1" are needed to provide for orderly development, and the public health, welfare and safety; SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: 1. All of the foregoing recitals are hereby found to be true and correct. 2. The previously adopted Negative Declaration for related GPAlZC 05-0417 is appropriate for this project. 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. No. 124-16 marked Exhibit "3" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "4 ". 4. Such zone change is hereby made subject to the conditions of approval listed in attached Exhibit "1". 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-........ - 2 - ~ 'O~K~-9 o ~ :;... - I- rn _ r- (.) 0 ORIGINAL I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by the ~R~n~i14 260fhe City of Ba~ersfield at a regular meeting thereof held on ! by the follOWing vote: AYES: . ~ ABSTAIN: ABSENT: COUNCILMEMBER: COUNCILMEMBER: COUNCILMEMBER: COUNCILMEMBER: APPROVED MAR 1,4 za07 CAR~N, BE~M, ~, COUCH, HANs6'N, SULLIVAN, SC~ER I\BJ\L.. ~'.-h I ~IA_LG \J~ ~.. t1.~t.A~ PAMELA A. McCARTHY, CM CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield HARVEY . HALL Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney By: ~Jn~ Exhibits: 1. Conditions 2. Location Map 3. Zone Map 4. Legal Description Jeng \ S:\ZoneChange\yr 2006\zc06-1043\CC\OlC-CC.DOC February 27,2007 - 3 - ~ <oAK~-9 o ~ :;... - I- rn - r- <..) 0 ORIGINAL EXHIBIT "1" CONDITIONS OF APPROVAL ZONE CHANGE 06-1043 1. In consideration by the City of Bakersfield for land use entitlements, including but not limited to related environmental approvals related to or arising from this project, the applicant, and/or property owner and/or subdivider ("Applicant" herein) agrees to indemnify, defend, and hold harmless the City of Bakersfield, its officers, agents, employees, departments, commissioners or boards ("City" herein) against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, in any way arising from, the terms and provisions of this application, including without limitation any CEQA approval or any related development approvals or conditions whether imposed by the City, or not, except for CITY's sole active negligence or willful misconduct This indemnification condition does not prevent the Applicant from challenging any decision by the City related to this project and the obligations of this condition apply regardless of whether any other permits or entitlements are issued. The City will promptly notify Applicant of any such claim, action or proceeding, falling under this condition within thirty (30) days of actually receiving such claim. The City, in its sole discretion, shall be allowed to choose the attorney or outside law firm to defend the City at the sole cost and expense of the Applicant and the City is not obligated to use any law firm or attorney chosen by another entity or party. Mitiaation/Conditions of Aooroval from General Plan Amendment/Zone Chanae No. 05-0417 Air Qualitv 2.. To ensure that Project emissions are minimized, the following measures have either been applied to the Project through the 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 issuance of any building permit that they will/have met the following mitigation measures: A. PM1Q Mitigation Measures The criteria pollutant most affected by proposed mitigation measures will be PM1o. As the Project will be completed in compliance with SJVAPCD Regulation VIII, dust control measures will be taken to ensure compliance specifically during grading and construction phases. The mitigation measures to be taken are as follows: . Water previously disturbed exposed surfaces (soil) a minimum of three-times/day or whenever visible dust is capable of drifting from the site or approaches 20% opacity. . Water all haul roads (unpaved) a minimum of three-times/day or whenever visible dust from such roads is capable of drifting from the site or approaches 20% capacity. . Reduce speed on unpaved roads to less than 15 miles per hour. . Install and maintain a trackout control device that meets the specifications of SJV APCD Rule 8041 if the site exceeds 150 vehicle trips per day or more than 20 vehicle trips per day by vehicle with three or more axles. By jeng / S:\ZoneChangelyr 2006\zc06-1043ICClExh1 conditions. doc February 27, 2007 ~ <oAK~-5> o ~ ;:... - I- m - r- (.) C:7 ORIGINAL Exhibit "1" ZC # 06-1043 Page 2 of 6 . Stabilize all disturbed areas, including storage piles, which are not being actively utilized for construction purposes using water, chemical stabilizers or by covering with a tarp, other suitable cover or vegetative ground cover. . Control fugitive dust emissions during land clearing, grubbing, scraping, excavation, leveling, grading, or cut and fill operations with application of water or by presoaking. . When transporting materials offsite, maintain a freeboard limit of at least 6 inches and cover or effectively wet to limit visible dust emissions. . Limit and remove the accumulation of mud and/or dirt from adjacent public roadways at the end of each workday. Use of dry rotary brushes is prohibited except when preceded or accompanied by sufficient wetting to limit visible dust emissions and use of blowers is expressly forbidden. . Stabilize the surface of storage piles following the addition or removal of materials using water or chemical stabilizer/suppressants. . Remove visible track-out from the site at the end of each workday. . Cease grading activities during periods of high winds (greater than 20 mph over a one- hour period). . Asphalt-concrete paving shall comply with SJVAPCD Rule 4641 and restrict use of cutback, slow-cure and emulsified asphalt paving materials. . Grading should be conducted in phases. . Project site shall not be cleared of existing vegetation cover until required by construction. . The Project developer shall revegetate graded areas as soon as it is feasible after construction is completed. B. Measures to Reduce Construction Emissions The GAMAQI guidance document lists the following measures as approved and recommended for construction activities: . Maintain all construction equipment as recommended by manufacturer manuals. . Shut down equipment when not in use for extended periods of time. . Construction equipment shall operate no longer than eight (8) cumulative hours per day. . Use electric equipment for construction whenever possible in lieu of diesel or gasoline powered equipment. . Curtail use of high-emitting construction equipment during periods of high or excessive ambient pollutant concentrations such as "Spare-the-Air" days as declared by the SJV APCD. . All Construction vehicles shall be equipped with proper emission control equipment and kept in good and proper running order to substantially reduce NOx emissions. . On-Road and Off-Road diesel equipment shall use aqueous diesel fuel if permitted under manufacturer's guidelines. . On-Road and Off-Road diesel equipment shall use diesel particulate filters if permitted under manufacturer's guidelines. . On-Road and Off-Road diesel equipment shall use cooled exhaust gas recirculation (EGR) if permitted under manufacturer's guidelines. . Use of Caterpillar pre-chamber diesel engines or equivalent shall be utilized if economic and available to reduce NOx emissions. . All construction workers shall be encouraged to shuttle (car-pool) to retail establishments or to remain on-site during lunch breaks. ~ 'OAI(~1> o % .:... - J- m - r- a (:) ORIGINAl By jeng/ S:\ZoneChangelyr 2006\zc06-1043\CClExh1 conditions. doc February 27, 2007 Exhibit "1" ZC # 06-1043 Page 3 of 6 . All construction activities within the Project area shall be discontinued during the first stage smog alerts. . Construction and grading activities shall not be allowed during first stage ozone alerts. First stage ozone alerts are declared when the ozone level exceeds 0.20 ppm (1-hour average ). C. Other Mitigation Measures The following mitigation measures are recommended to further reduce the potential for long term emissions from the completed Project: . The Project design shall comply with standards set forth in Title 24 of the Uniform Building Code to minimize total consumption of energy. . Applicants shall be required to comply with applicable mitigation measures in the Air Quality Attainment Plan, District Rules, Traffic Control Measures, Regulation VIII and Indirect Source Rules for the SJVUAPCD. . The developer shall petition the Golden Empire Transit District (GET) to conduct a service study to determine if the Project site warrants being annexed into the GET operational system. . If the GET service study indicates that the development qualifies for addition to the GET system, specific bus turnouts and shelters shall be located at appropriate locations to serve residential sites within the Project area in consultation with the Golden Empire Transit District. The bus turnouts and shelters shall be planned by developers in the Project area and local transportation coordinating entities to encourage the efficient and practical use of public transit entities servicing the Project area. . The developer shall comply with the provisions of SJVAPCD Rule 4601 - Architectural Coatings, during the construction of all buildings and facilities. Application of architectural coatings shall be completed in a manner that poses the least emissions impacts whenever such application is deemed proficient. . The developer shall comply with the provisions of SJV APCD Rule 4641 during the construction and pavement of all roads and parking areas within the Project area. Specifically, the developer shall not allow the use of: · Rapid cure cutback asphalt; · Medium cure cutback asphalt; · Slow cure cutback asphalt (as specified in SJVAPCD Rule 4641, Section 5.1.3); · Emulsified asphalt (as specified in SJVAPCD Rule 4641, Section 5.1.4. 3. Prior to recordation of the first final map, the applicant shall provide an updated air quality impact study addressing the potential for the development of the entire subject property to exceed the San Joaquin Valley Air Pollution Control District's Thresholds of Significance for ozone precursors. The most recent version of URBEMIS that is available at the time of application submission shall be utilized for this analysis. If the proposed development is projected to exceed the District's Thresholds of Significance, then the following conditions shall be met to the satisfaction of the Planning Director: a. Prior to recordation of a final map or issuance of a building permit (whichever occurs first), the subdivider shall select and implement one or a combination of the following measures and/or programs in order to reduce ROG and NOx emissions to below the District's Thresholds of Significance for ozone precursors. By jeng/ S:\ZoneChangelyr 2006\zc06-1043ICCIExh1 conditions. doc February 27, 2007 ~ 'OAk~-9 o ~ .::>. - I- m - r- (.) c::, ORIGINAL Exhibit "1" ZC # 06-1043 Page 4 of 6 i. The subdivider shall fully construct a project or projects approved by the City Public Works Department that will result in the reduction of emissions as described in above. The improvements for said project must be accepted by the Public Works Department prior to recordation the final map. The project selected shall be a project that is not otherwise funded or constructed with the subdivision. The subdivider is responsible for all costs to determine the emission reductions associated with projects. This documentation shall be submitted to the Planning Director and the Public Works Director prior to approval of a project. The projects used for the reduction in emissions may include one or more of the following types of projects: 1. Construction of a new, warranted signal. 2. Modification of an existing signalized intersection to add additional left turn storage or dedicated right turn capability. 3. Car crushing of older model cars. 4. Modification to stationary diesel engines, such as for agricultural use. 5. Modification of fleet vehicles and/or other mobile sources. ii. If one or more of these programs is selected by the subdivider, proof of compliance with these measures must be provided to the satisfaction of the Planning Director prior to recordation of a final map. Proof of compliance may include documentation of the number, type and year of cars crushed; location and type of engines modified, photo documentation and quantification of emission reduction by Air Pollution Control District or Air Quality consultant. b. The Developer may provide emissions offsets through participation in a voluntary emission reduction program (VERP) through the San Joaquin Valley APCD. The VERP will require the developer to enter into a binding agreement with the SJVAPCD that will require the SJVAPCD to: i. Review the air emission impact assessment protocol and quantification of emission estimates attributable to the project. ii. Accept the estimated monetary value of the emission reductions to equal the emissions from the project. iii. Locate and implement the emission reductions. iv. Certify that the emission reductions have been made to the lead agency and the developer in the form of a certificate. c. During the life of the project, if the City of Bakersfield adopts an emissions mitigation program that provides equal or more effective mitigation than measures listed in this analysis, the developer may choose to participate in the City's program to mitigate air quality impacts. d. The purchase of Banked Emission Reduction Credits (ERCs) will fully offset the project. ERCs, which have been approved by the SJVAPCD, are retained in the emission inventory for the air basin. Purchase and surrender of ERCs removes them from this inventory, thus fully offsetting the incremental increase to the emissions inventory from this project. Therefore, the emissions inventory contained in the SIP and used for the AQAP will not increase as a result of the project and the AQAP remains valid. ~ 'OAK~1> o ~ By jeng/ S:\ZoneChangelyr 2006\zc06-1043\CClExh1 conditions. doc f= m February 27, 2007 <3 S ORIGINAL Exhibit "1" ZC # 06-1043 Page 5 of 6 e. Should ERCs not be available or deemed cost effective, the developer may provide offsets through other means acceptable to the City Planning Department and approved by the SJVAPCD. f. Fees paid to the SJV APCD through an approved indirect source emissions fee program may be utilized to provide applicable offsets for the proposed project. Cultural Resources: 4. If cultural resources are encountered during construction, a qualified archaeologist shall be retained by the developer to evaluate the significance of the resources and to formulate a mitigation program if necessary. The archaeologist shall coordinate with the City of Bakersfield Planning Department. 5. 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. 6. Prior to approval of any development plan, improvement plan, or application for a lot line adjustment, the following shall occur: 6.1 Provide fully executed dedication for East White Lane to arterial standards and Washington Street to collector standards for the full frontage of the area within the subdivision. 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. Per the circulation element, East White Lane changes its alignment to the north. A portion of the eastern edge of the site may be affected by the change. Washington Street changes its alignment to the west. A portion of the subject site may be affected by the change. If a tentative subdivision map over the entire GPAlZC area is submitted, dedication can be provided with the map. 6.2 This area of the related GPAlZC is too small to support its own storm drainage sump. The City will allow no more than one sump per 80 acres; therefore, this GPAlZC area must be included within the drainage area of adjoining property. The developer shall participate in the development of a Planned Drainage Area and provide a drainage study for the GPAlZC area, showing its proportionate share of the necessary ultimate storm drainage facilities. 6.3 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. By jeng/ S:lZoneChangelyr 2006\zc06-1043ICClExh1 conditions. doc February 27, 2007 ~ 'OAk~1> o d'l :;... "1\ I- - _ m (.) r- (:) ORIGINAL Exhibit "1" ZC # 06-1043 Page 6 of 6 7. The entire area covered by this GPAlZC 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 GPAlZC area. 8. This GPAlZC area is ~ mile south of the Plant 2 sewer treatment plant. The City will not allow any residential units to be constructed within ~ mile of the plant. The developer must record a covenant disclosing to the residents of the location of the sewer treatment plant. 9. Payment of median fees for the arterial frontage of the property within the GPAlZC request. These fees may be paid prior to recordation of any map or approval of improvement plans. 10. Access to the project area from East White Lane is provided by a sub-standard road. With the development of the project area, approved, improved access to the site must be provided. The required improvements shall be 32 feet of paving meeting City design standards for an arterial road, with 8-foot 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. Construct a pedestrian walkway on the north side of East White Lane from the project area to Cottonwood to the satisfaction of the City Engineer. 11. Prior to the issuance of any building permit, the developer shall pay the applicable Metropolitan Bakersfield Transportation Impact Fee to the satisfaction of the City of Bakersfield Public Works Department. Bakersfield Municioal Airoort Comoatibilitv: 12. With the recordation of final subdivision maps within the GPAlZC area, overflight easements shall be granted to the City of Bakersfield for all residential lots. Overflight easements shall grant all rights deemed necessary by the City of Bakersfield to ensure that the development of said property will neither impede airport operations nor result in flight hazards, including but not limited to the following: to make flights and associated noise in airspace over said property; to regulate or prohibit the release of any substance into the air which might interfere with aircraft operations; to regulate or prohibit light emissions which might interfere with pilot vision; and to prohibit electrical emissions which might interfere with aircraft communications systems or aircraft navigational equipment. 13. With the recordation of final subdivision maps within the GPAlZC area, a notice shall be recorded on the deeds of all residential lots disclosing that the properties are in an area subject to aircraft overflights, and as a result, residents may experience inconvenience, annoyance and discomfort arising from the noise of such operations. The notice shall also state that State law establishes the importance of public use airports for the protection of the public interest of the people of the State of California and that residents of property near a public use airport should, therefore, be prepared to accept such inconvenience, annoyance and discomfort from normal aircraft operations. 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I I + --------------------------------- f iIIIII tllJ -z;;;,; . I jilll I 'l' :II rllll III I .lIli 'II :I 2 r-~ -ct It: ~ ------------------- ------- i ~ i <\I II: ! 16: Za I i i --- -- % .. :!: + 41-"" .... - '; I I I ~ <o~K~-9 o ~ m ZONING MAP 124 ~6 b ORIGINAL EXHIBIT "4" Zone Charge Description: Lots 11 and 14 of Section 16, T. 30 S., R. 28 E., M.D.M. In the City of Bakersfield, County of Kern, State of California, as shown on the Sales Map of Kern County Land Company, filed in the Office of the Kern County Recorder on July 14,1893. Contining 40.596 acres, more or less. ~ 'OAK~-s> o ~ :;... - I- IT1 _ r- <..) c:;, ORIGINAL AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) ss. County of Kern ) PAMELA A. McCARTHY, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 15th day of March, 2007 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4410 ,passed by the Bakersfield City Council at a meeting held on the 14th day of March. 2007 and entitled: AN ORDINANCE AMENDING SECTION 17.06.020 (ZONE MAP NO 124- 16) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM AN R-1 (ONE FAMILY DWELLING) TO AN R-2 (LIMITED MULTIPLE FAMILY DWELLING) ZONE ON 40.6 ACRES GENERALLY LOCATED ON THE NORTHWEST CORNER OF EAST WHITE LANE AND WASHINGTON STREET TO ALLOW A SMALL LOT SINGLE FAMILY HOME DEVELOPMENT (FILE # 06-1043). PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield By:<-d/li1iJ~ W!M1/"~ DE~ity Clerk S:\DOCUMENT\FORMS\AOP .ORD.wpd 3/15/2007 ~ <oAI(~~ o ~ :;... ..... J- rn - r- <..) c;, ORIGINAL