HomeMy WebLinkAboutORD NO 4496
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ORDINANCE NO. 4 4 9 6
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION
AND AMENDING SECTION 17.06.020 (ZONING MAP 101-27)
OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL
CODE BY CHANGING THE ZONING FROM R-S-5A
(RESIDENTIAL SUBURBAN-5 ACRE MINIMUM) TO E (ESTATE
ONE FAMILY DWELLING) ON 80 ACRES, GENERALLY
LOCATED AT THE NORTHEAST CORNER OF BRIMHALL
ROAD AND RUDD AVENUE, (ZC NO. 07-1848).
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 being annexed to the
City of Bakersfield located at the northeast corner of Brimhall Road and Rudd Avenue; and
WHEREAS, by Resolution No. 213-07 on Decemebr 20, 2007, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve Zone Change No. 07-1848 as delineated on attached Zoning Map
101-27 marked Exhibit "B", 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 R-S-SA (Residential Sububran-S
Acre Minimum) to E (Estate One Family Dwelling) on 80 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
Novemebr 20, 2007 in accordance with CEQA; and
WHEREAS, the general plan designation for this area, with prior adoption of GPA No.
07-1848, allows single 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. 213-07, adopted on
December 20,2007:
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 effect on the
environment. A Negative Declaration was prepared for the project in
accordance withwith CEQA.
4. The proposed project is consistent with surrounding uses.
S.
The proposed project, as shown on Exhibit "B", is consistent with the
Metropolitan Bakersfield General Plan.
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6. The public necessity, general welfare and good planning practices justify
the requested zone change, as shown on Exhibit "B".
7. 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 101-27) 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 being annexed to said City, the
boundaries of which property is shown on Zoning Map 101-27 marked
Exhibit "B" attached hereto and made a part hereof, and are more
specifically described in attached Exhibit "C".
4. Such zone change is hereby made subject to the "Mitigation/Conditions
of Approval" listed in attached Exhibit "A", and subject to approval of GPA
No. 07-1848.
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 the Council of
the City of Bakersfield at a regular meeting thereof held on t4AR 1 2 2008 by the
following vote:
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ABSTAIN:
ABSENT:
COUNCILMEMBER:
COUNCILMEMBER:
COUNCILMEMBER:
COUNCILMEMBER:
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CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER
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APPROVED MAR 1 2 2008
APPROVED as to form
VIRGINIA GENNARO
City Attorney
BY:~~
Exhibit A - Mitigation/Conditions of Approval
B - Zoning Map 101-27
C - Zone Change Legal Description
BM:dc - S:\GPA 4th 2007\07-1848\Resolution\CC Ord 07-1848.doc
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EXHIBIT A-1
Mitigation/Conditions of Approval
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EXHIBIT A-1
Mitigation/Conditions of Approval
General Plan AmendmentlZone Change No. 07-1848
MITIGATION MEASURES FROM NEGATIVE DECLARATION:
Air Quality Mitiaation Measures:
Mitigation Measures for Construction Equipment and Fugitive Dust Emissions:
1. The proposed project will have air pollutant emissions associated with the construction and
occupied use of the project site. Prior to grading plan approval, the applicant/developer of the
project site shall submit documentation to the Planning Department that they will/have met all
air quality control measures required by the San Joaquin Valley Air Pollution Control District.
The applicant and/or the developer of the project site shall prepare and submit to the San
Joaquin Valley Unified Air Pollution Control District and the City of Bakersfield a dust control
plan that contains at minimum the following:
a) All disturbed areas, including storage piles, which are not being actively utilized for
construction purposes, shall be effectively stabilized from dust emissions by using water,
chemical stabilizer/suppressant, or vegetative ground cover. (Mitigation for Potentially
Significant Air Quality Impacts)
b) All on-site unpaved roads and off-site unpaved access roads shall be effectively stabilized of
dust emissions using water or chemical stabilizer/suppressant. (Mitigation for Potentially
Significant Air Quality Impacts)
c) 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. (Mitigation for Potentially Significant Air Quality
Impacts)
d) When materials are transported offsite, all materia.! shall be covered, effectively wetted to
limit visible dust emissions, or at least six inches of freeboard space from the top of the
container shall be maintained. (Mitigation for Potentially Significant Air Quality Impacts)
e) All operations shall limit or expeditiously remove the accumulation of mud or dirt from
adjacent public streets at least once every 24 hours when operations are occurring. (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). (Mitigation for Potentially Significant Air Quality Impacts)
f) Following the addition of materials to, or the removal of materials from, the surface of
outdoor storage pile, said piles shall be effectively stabilized of fugitive dust emissions
utilizing sufficient water or chemical stabilizer/suppressant. (Mitigation for Potentially
Significant Air Quality Impacts)
g) Limit traffic speeds on unpaved roads to 15 mph and install silt fencing or other erosion
control measures per Best Management Practices as stated in the project Storm Wate~Mf:o
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EXHIBIT A-1
GPAlZC No. 07-1848
Mitigation/Conditions of Approval
Traffic Impact Mitieation Measures:
4. Prior to the issuance of any building permit within the GPAlZC area, the developer shall pay the
applicable Regional Transportation Impact Fee (RTIF) to the satisfaction of the City of
Bakersfield Public Works Department. (Mitigation for potentially significant traffic impacts)
5. Prior to issuance of the first building permit within the GPAlZC area, the developer shall pay the
proportionate share contributions for the intersection and roadway improvements not covered by
the RTIF as identified as Table 7 on the project traffic study requirements letter (Ruettgers &
Schuler, Civil Engineers, June 2007). (Mitigation for potentially significant traffic impacts)
6. Prior to issuance of a of a building permit, the developer shall pay a major transportation facility
fee in the amount of $2,487 per dwelling unit or the fee in effect at the time of building permit
approval. If prior to issuance of a building permit said fee is merged into the regional TIF
(Transportation Impact Fee) program then payment of the regional TIF fee will be deemed to
have satisfied the intent of this condition. This fee is imposed per City Council approved action
plan to pursue funds needed to complete construction of major transportation facilities to serve
growth and development within Metropolitan Bakersfield. (Mitigation for potentially significant
traffic impacts)
ADDITIONAL CONDITIONS OF APPROVAL:
Public Works Mitiaation Measures:
7. 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 Brimhall Road to arterial Standards, Palm
Avenue to collector standards and the West Beltway (Rudd Avenue) to Freeway
standards for the full frontage of the area within the GPA request. Dedications
shall include sufficient widths for expanded iotersections 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 GPA/ZC area
is submitted, dedication can be provided with the map.
b. Submit a comprehensive drainage study to be reviewed and approved by the City
Engineer. No more than one sump may be utilized to serve this area; the sump
should be located so that they may be available to serve adjacent areas as they
develop. If only one sump is utilized to serve this GPA/ZC area, it need not be so
located. The study shall be approved and any required retention site and
necessary easements dedicated to the City.
c. Sewer service must be provided to the GPA/ZC 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
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EXHIBIT A-1
GPA/ZC No. 07-1848
Mitigation/Conditions of Approval
11. Local Mitigation
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 Table 7 of the traffic study. An updated estimate, based
upon current costs, and fee schedule shall be developed by the applicant and
approved prior to recordation of a map or issuance of a building permit. Proportionate
shares from the study as follows:
a. Allen Rd & Rosedale Hwy (SR 58), Add 1 SBL, 0.99% 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. (Mitigation for
potentially significant traffic impacts.)
Reaional Transportation Impact Fee
Prior to the issuance of building permits, the project applicant shall participate in the
RTIF program by paying the adopted residential unit fee in place at time of
development. (Mitigation for potentially significant traffic impacts)
BM:S:\GPA 4th 2007\07-1848\Staff Reports\Conditlons Ex A-1.doc
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EXHIBIT B-2
Zoning Map 101-27
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ZONING MAP 101.27
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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./dwelling 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 AO 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
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EXHIBIT C-3
Zone Change Legal Description
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Legal Description
General Plan AmendmentlZone Change
From A to E
Being the West % of the Southeast % of Section 27, Township 29 South, Range.
26 East, Mount Diablo Base and. Meridian, in the unincorporated area of the
County of Kern, State of California, according to the Official Plat thereof.
Contains: 80 Acres:t
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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 13th
day of MARCH, 2008 she posted on the Bulletin Board at
City Hall, a full, true and correct copy of the following: Ordinance No. 4496 ,passed
by the Bakersfield City Council at a meeting held on the 12th day of MARCH. 2008
and entitled:
AN ORDINANCE APPROVING A NEGATIVE DECLARATION AND
AMENDING TITLE 17 (ZONE MAP NO 10/-011') OF THE MUNICIPAL
CODE BY CHANGING THE ZONING FROM R-S-5A TO E ON 80 ACRES
LOCATED ON THE NORTH SIDE OF BRIMHALL ROAD AND THE EAST
SIDE OF RUDD AVENUE. (ZC 07-1848)
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
BY:\-PC0~~
DEPUTY City Clerk
s:\DOCUMENT\FORMS\AOP.ORD.wpd
3/10/2008
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POSTED ON
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by City Clerk's Office
City of
Bakersfield
by ff-
ORDINANCE NO. 4 4 9 6
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION
AND AMENDING SECTION 17.06.020 (ZONING MAP 101-27)
OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL
CODE BY CHANGING THE ZONING FROM R-S-5A
(RESIDENTIAL SUBURBAN-5 ACRE MINIMUM) TO E (ESTATE
ONE FAMILY DWELLING) ON 80 ACRES, GENERALLY
LOCATED AT THE NORTHEAST CORNER OF BRIMHALL
ROAD AND RUDD AVENUE, (ZC NO. 07-1848).
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 being annexed to the
City of Bakersfield located at the northeast corner of Brimhall Road and Rudd Avenue; and
WHEREAS, by Resolution No. 213-07 on Decemebr 20, 2007, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve Zone Change No. 07-1848 as delineated on attached Zoning Map
101-27 marked Exhibit "B", 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 R-S-5A (Residential Sububran-5
Acre Minimum) to E (Estate One Family Dwelling) on 80 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
Novemebr 20, 2007 in accordance with CEQA; and
WHEREAS, the general plan designation for this area, with prior adoption of GPA No.
07 -1848, allows single 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. 213-07, adopted on
December 20, 2007:
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 effect on the
environment. A Negative Declaration was prepared for the project in
accordance withwith CECA.
4. The proposed project is consistent with surrounding uses.
5.
The proposed project, as shown on Exhibit "B", is consistent with the
Metropolitan Bakersfield General Plan.
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