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HomeMy WebLinkAboutORD NO 4496 '- ..,J. 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. <(;,P-K['0' J <.f'" ).- ;:; f- r- o CJ ORIGINAL "-' '.J 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. ---------000--------- Page 2 of 3 <(;,M['0' ~. ~ >-. r\ ~- r- o t~1 ORIGINf'L ..., >J 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: ~ ~ ABSTAIN: ABSENT: COUNCILMEMBER: COUNCILMEMBER: COUNCILMEMBER: COUNCILMEMBER: /' V' ............- V' ~ c.-- t.- CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER ~ f\ &-l>-.P -- 'rven~ .-/ 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 . <(;,M['0' ()- l~,"\ >- -- f- r'1 ~ r- (.J CJ ORIGiNAL '-' EXHIBIT A-1 Mitigation/Conditions of Approval 'trtrJ '?;I\K['0' C:- <P """ n r- o CJ ORIGINAL ,~ f- '-- ...,J 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 c; '<..0 ...;'\ >- ~ge1~5 ~ p o CJ ORIGIN/'lL ~ tJ 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 Page 3 of 5 << D A 1<; f',-y 0' ~ )-.., -- f-- l=! u (:) OF11GiNAL ~ o 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 Page 5 of 5 ( <0"/(['.-0 0<' .rIP "" ~ rii l) r; Oi'1IGIN!\L \.f EXHIBIT B-2 Zoning Map 101-27 ...J <oM['0' ~ ~ ).- -- n f- r- o D ORIGINAL .; "-0 C"lC'! , II:; ..- o ..- SQ..,; ~<t~ ~::!,:.: I.LI li: C5(.!) l.l..Z oZ~ >-0 . !::N~ <.> '" ~ =::- 101 i;i.,::, :; s-: oc 29 , ii H i i : ~ s .. a i~ t" I ~ ~ i . s .u ~~. i ~ i ~ ; . i..! , .. ~ ZwO 7ZWO_~_o__~"~'" ~ ~ 8:: f~..o ~ :: ~;;r~"$=~~: :~:~~g;~ ~~"" ~~ 20!N..,., z;-~2;""io~5d;g"'="" lH~~ ~:;: %;"'....~ = ~ iI~! :i1':'~:I!!~I~; -~i~ ;" ~2~:t~:,.. II: ~ ~w ill::; w'B '""0; ~! 6" ~ w ~ V Ci ... ..;! C 5 % c & ~ ::: i"!!:!ji~~..~~"'" 69w~"'O::>~ r~...:: 0 v;:!l!8",to-'E il~l,t: i~Stfi!;i~.JN~ !~~ 2:~~_i:i.Jii1::2i:,: ~!~S!~~ig S~lAoO :t~~8~ ~ 8ii~5 !;~;g....!~!! ~ l!~Z ! ;,;~!'~ ~eE ~~~: ~==::::: e:l;i!5 ~~i; ~= ~~~ ~ ~J: ~ Q ~!: zoo .. ~ - ~- ;:. - z O! .. :I' u i'" It. tat '" V 0 V - _ - ~ 0 ~ ~ w..J .... ~~_~j~~I~)~!~I~=..-8!~~~~!~~i!S~~~~~;!~ii~ J_ ._ __ .., oJ W '"" 6. .J " 0 cr ;:f c c u :: :c: C III( .. .. 0-" J"., ~ i H J~ ~ a: .. ~;;. ~ ~i5"u ,.w~::; s~~~ II ]~ c !.: ~; ,,;.~ ..... _ N Ii: Ii: Ii: IE ~ ci:.i: . :%!~~~~~~ .. ~.ra c~r '~% ~ .E e.: a: u Co> '" U ill: Z S S II: .~. ~.. "" i' 0 ~ III( :: .. ..... 2 _ .. ~ tJ - ~ , o-~ ~~~ 0 ~; 0 0 ~- ~ ~ ~~ S!~ I - !;e.3 4 ;;;i ~ .....z ! -~ P;'! ~ ;~; Z;.~o ~~ ....5a ii1 .- .'-~ ,........- .. ii ZONE CHANGE 07-1'-848'" ~ +, r I I I I .1 if I I I 1 ~---------------- I I I I J I , I I I I I _p~~~ i ""II"""""""""~ r - - - - - ---- --- :;~d=C- ~------1]- 1--- rIJ- , ~ ( , I" 0: r ., bJ ~ 1 ~ ~ IU I ~ I I I I I I w ~ s ,;, rI: ~ " IX: w ~ l} ~ . .:: I I I. I I I , I I I 1 I I I I I I _~____..J "~.:/(Jt. d"" ~ ~ ,,;....;,:. ~ cb IX: l '" ~ '"" III ~ : w I! f III ~It) w '0 CIj)..... ~ ~ ~Uj,iii ~S3M -.- - -. - - - ~ .... ~ . .. "~'101 dOW _ \ ZONING MAP 101.27 B i i :l - i I~! , _ ~ "Q. ['0> o ~ ~= n 1--" r- t" Q C)RIGINAL '-' ..., 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 S:\Forms\zone-gp.doc '< ~~Kf"0> () ~ - I~ f~ ,) CJ OF11GiNAL ~ EXHIBIT C-3 Zone Change Legal Description '.J <<. <of..K['/j- () ~ >-. f- ~ o (J OR1GI~JAL . . . ". e 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 ~ <oM['-)> () ~ >- -- f- r'1 ,- c- o CJ 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 <'-< <oM['0' () ~ >. f- P U G oRIGINAL POSTED ON ~\t~.lO~ 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. <<. <oM['0' o ~ :,. '::: p Ij CJ ORIGINAL