HomeMy WebLinkAboutORD NO 4411
ORDINANCE NO. .4 4 1 1
AN ORDINANCE AMENDING SECTION 17.06.020 (ZONE MAP
NO. 103-13) OF TITLE SEVENTEEN OF THE BAKERSFIELD
MUNICIPAL CODE BY CHANGING THE ZONING FROM R-2 CH
(LIMITED MULTIPLE FAMILY DWELLING - CHURCH
OVERLAY) TO R-1 (ONE FAMILY DWELLING) ON 0.66 ACRE
GENERALLY LOCATED ON THE SOUTH SIDE OF PALADINO
AVENUE, APPROXIMATELY 1/2 MILE WEST OF MORNING
DRIVE (FILE # 06-1931)
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 south side of Paladino Avenue, approximately 1/2 mile west
of Morning Drive as shown on Exhibit "B";
WHEREAS, by Resolution No. 10-07 on January 18, 2007, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve the zone change as delineated on attached Zoning Map No. 103-13
marked Exhibit "C", by this Council and this Council has fully consider.ed 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 regarding changes in zoning of the subject property
from R-2 CH (Limited Multiple Family Dwelling -Church Overlay) to R-1 (One Family Dwelling)
and 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 CECA 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 approved by the Planning Commission on August 3, 2006, in
conjunction with related Revised Vesting Tentative Tract 6202 and in accordance with CECA;
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
WHEREAS, the general plan designation for this area allows low density
residential development; and
WHEREAS, the City Council has considered and hereby makes the following
findings:
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as follows:
1. All required public notices have been given.
2. The provisions of the California Environmental Quality Act (CEQA) have
been followed.
3. A negative declaration was previously approved for related Revised
Vesting Tentative Tract 6202.
4. In accordance with CECA Section 15162, no further environmental
documentation is necessary because no substantial changes to the
original project are proposed, there are no substantial changes in
circumstances under which the project will be undertaken, and no new
environmental impacts have been identified.
5. The public necessity, general welfare and good zoning practice justify the
requested change of zone from the existing zoning district to R 1 {One
Family Dwelling) zone.
6. The overall design of the project, as .conditioned, is consistent with the
goals and policies of all elements of the General Plan.
7. The conditions of approval, attached hereto as Exhibit "A" are needed to
provide for orderly development, and the publiC health, welfare and
safety; and
SECTION 1.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield
1. All of the foregoing recitals are hereby found to be true and correct.
2. The provisions of the California Environmental Quality Act (CEQA) have
been followed.
3. That this project pertains to the Negative Declaration previously approved
in conjunction with related Project No. Revised Vesting Tentative Tract
6202.
4. The Negative Declaration previously approved is adequate.
5. 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. 103-13 marked Exhibit "e"
attached hereto and made a part hereof, and are more specifICally
described in attached Exhibit "D".
6. Such zone change is hereby made subject to the conditions of approval
listed in attached 'Exhibit "A".
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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.
000--
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
MAR 1 4 2007 by the following vote:
~
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER: CAR~N. BE~AM. ~R. COUCH, H~N. SULLIVAN. SC~ER
COUNCILMEMBER: I'U1l\L.
COUNCILMEMBER: I'\dY'JL
COUNCILMEMBER: ~tl uc....h, ~ u. I J ~ ,)/1.N'\....
APPROVED MAR 1 4 2007
APPROVED as to form
VIRGINIA GENNARO
City Attorney
By. ~m~
Exhibits:
A. Conditions
B. Location Map
C. Zone Map
D. Legal Description
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EXHIBIT "A"
CONDITIONS OF APPROVAL
ZONE CHANGE No. 06-1931
CITY ATTORNEY
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.
PLANNING DEPARTMENT
Mitication Measures from Revised Vestinc Tentative Tract 6202
2. AIR QUALITY MITIGATION (from Air Quality Study prepared by Insight Environmental
Consultants, dated August 2005):
PM10 Mitigation Measures:
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 are as follows:
. Water previously disturbed exposed surfaces (soil) a minimum of thr:ee-times/day or
whenever visible dust is capable of drifting from the site or approaches 20% alpacity.
. Water all haul roads (unpaved) a minimum of three-times/day or whenever visible dust 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 specification of SJVAPCD
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.
. 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. ~ ~Ak~?>
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Exhibit "A"
ZONE CHANGE No. 06-1931
Page 2 of 4
· 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 trackout from the site at the end of each workday.
· Cease grading activities during periods of high winds {gr:eater than 20 mph over a one-
hour period).
· Asphalt-concrete paving shall comply with SJV APCO 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.
3. MITIGATION MEASURES TO REDUCE CONSTRUCTION EQUIPMENT EXHAUST:
GAMAQI guidance document lists the following measur.es are stated in the 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 for 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 eXGessive
ambient pollutant concentrations such as "Spare-the-Air" days as declared by the
SJVAPCD.
. All construction vehicles are to be equipped with proper emission control equipment and
kept in good and proper running order to substantially reduce NOx emissions.
. 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 establishment or
to remain on-site during lunch breaks.
. All construction and grading activities be discontinued during the first stage smog alerts.
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ORIGINAL
Exhibit II A"
ZONE CHANGE No. 06-1931
Page 3 of 4
· 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 ).
Other Air Quality Mitigation Measures:
· Project design shall comply with standards set forth in Title 24 of the Uniform Building
Code to minimize total consumption of energy.
· The developer shall position as many home sites as possible with a north/south exposure.
· 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.
· Should the project site be annexed into the GET operational system, specifIC bus turnouts
and shelters shall be located at appropriate locations to serve residential sites in the
project area in consultation with GET. 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:
o Rapid cure cutback asphalt;
o Medium cure cutback asphalt;
o Slow cure cutback asphalt (as specified in SJV APCD Rule 4641, Section 5.1.3; or
o Emulsion asphalt (as specified in SJVAPCD Rule 4641, Section 5.1.4)
4. BIOLOGICAL RESOURCES (from Survey prepared by Paul Pruett and Associates dated
October 2003):
. Prior to the earthmoving phase of construction, a "tailgate training" session shall be
conducted for all construction personnel as to sensitive species identification and
avoidance techniques. Instruction shall be provided by a competent biologist familiar with
the species of concern. Prior to approval of a grading plan, the applicant or his biologist
shall provide the Planning Director with evidence that the instruction has occurred.
. A kit fox clearance survey shall be conducted within 30 days of initial ground disturbance.
Any identified kit fox dens shall be monitored, excavated and backfilled in accordance
with the requests of the Metropolitan Bakersfield Habitat Conservation Plan.
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'Exhibit "A"
ZONE CHANGE No. 06-1931
Page 4 of 4
5. CULTURAL RESOURCES ( from Cultural Resources Survey, Prepared by Hudlow Cultural
Resources, dated November 2003):
. If during construction activities or ground disturbance, cultural resour.ces are uncovered,
the subdivider shall stop work and retain a qualified archeologist for further study.
Subdivider shall notify the proper authorities and be subject to any mitigation measures
required of the archeologist.
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EXH IBIT "0"
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AU that portion of the Northeast Quarter ofSecbon 13, Township 29 South, RaDge 28
East, Mount Diablo Meridian, in the County of Kern, State of California. Also being a
portion of Parcel 2 of Lot Line Adjustment No. 05-1672, IS evidenced by that certain
Certificate of Compliance recorded May 24,2006 as Docummt No. 0206128178 in the '
office of tile County Recorder, and more particularly described IS followl; "
Begjnning at the Northeast Comer of Parcel B' of Lot Line Adjustmeat No. 04-160 18 :,
evidenced by that certain Certificate of Compliance recorded October 5~.. 2004 18 .
Document No. 0204241405 in the ofti~ of the County Recorder; also beiDa the North
Quarter Comer of said Seedoa 13 and a pOint on the centerline of Paladino Drive, fian
which point the Northwest Comer of said, Section 13 beIrs South 8~42'25" Weit,a
distance of, 2668.23 ,feet, on an alq said centerline; also beiD& the "Troe Point of
Begjnning";
Thence North 89"42'59" East along the North line ofsaid SectiOlll3,'adistance of 34.68
.. feet, to a point on the west line of a 150 foot Towerline easemmt in favor oftbC.Southem '
'Califomia Edison Company IS. eVidenced in tbatcertain documeat, recorded in Boot
, 5602, Page" 1308 in the office of'said County Recorda'; Thmco South 00006'49" W_:a
distance of 870.69 feet on and along said west towerline easaneat tiDe . to' a point OIl the
nord1line of Parcel" 'Q' of LLA POI-0460 as evidenced by 1bat certain Certificlteof
Compliance recorded June 22, 2001 IS. Document No. 0201016687: in the otlice of the.
County Recorder; Thence North 4.054'16" West along said North liiae ofParoel-Q" Of
LLAPOI-0460; a ,distance of 42~90 feet" to a point 011 the WestliDe of the Bat ~ of
SecuOllI3; Thence North 00002'33" West along said West tiDe of*, Bat Ifl, a'distmce
of 842.32 feet to the "True Point ofBeginnina". .
Contains 0.66 aCres (28705.27 sq ft)
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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. 4411 ,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 103-
13) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE
BY CHANGING THE ZONING FROM R-2 CH (LIMITED MULTIPLE
FAMILY DWELLING - CHURCH OVERLAY) TO R-1 (ONE FAMILY
DWELLING) ON 0.66 ACRES GENERALLY LOCATED ON THE SOUTH
SIDE OF PALADINO AVENUE, APPROXIMATELY ~ MILE WEST OF
MORNING DRIVE (FILE # 06-1031)
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
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3/15/2007
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