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HomeMy WebLinkAboutORD NO 3598ORDINANCE NO. '~ 5 9 ~ AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NOS. 123-25 AND 1.23-2t~ BY CHANGING THE ZONING OF 26.27 ACRES GENERALLY LOCATED EAST AND WEST OF WIBLE ROAD, NORTH OF BERKSHIRE ROAD, AND SOUTH OF THE ARVIN-EDISON CANAL FROM A C-1 (NEIGHBORHOOD COMMERCIAL) ZONE TO AN R-1 (ONE FAMILY DWELLING) ZONE ON 23.77 ACRES AND TO AN R-1 CH (ONE FAMILY DWELLING- CHURCH) ZONE ON 2.$ ACRES. WHEREAS, in accordance with the procedure set forth iu 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 east and west of Wible Road, north of Berkshire Road, and south of the Arvin-Edison Canal; and WHEREAS, by Resolution No. 23-94 on May 5, 1994, the Planning Commission recommended approval and adoption of an ordinance amending Title 117 of the Municipal Code to approve zone change of the subject property from a C-1 (Neighborhood Commercial) zone on 26.27 acres to an R-1 (One Family Dwelling) zone on 23.77 acres and to an R-1 CH (One Family Dwelling-Church) zone on 2.5 acres as delineated on attached Zoning Map Nos. 123-25 and 123-26 marked Exhibit "A", by this Council; and WHEREAS, this Council has fully considered the recommendation 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 a C-1 (Neighborhood Commercial) zone on 26.27 acres to an R-1 (One Family Dwelling) zone on 23.77 acres and to an R-1 CH (One Family Dwelling-Church) zone on 2.5 acres 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 CEQA and City of Bakersfield's CEQA Implementation Procedures, have been duly followed by city staff, Planning Commission and this Council; and WHEREAS, a Negative Declaration with mitigation was advertised and posted on March 14, 1994, in accordance with CEQA; and WHEREAS, the general plan designation for this area is low density residential; and WHEREAS, the recommendation of the Planning Commission was appealed to this Council by Mr. Joe Fambrough and Mr. Cecil Tackerr, owners of two of the parcels included in the subject zone change, who questioned the suitability of R-1 zoning for their property; and WHEREAS, Gargano and Associates has agreed to pay the fees for the general plan amendment on the Fambrough/Tackett property; and WHEREAS, the City Council has duly considered testimony for and against the zone change; 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 CEQA have been followed. 3. That proposed Zone Change No. 5502 is consistent with the Metropolitan Bakersfield 2010 General Plan. 4. The proposed zoning with mitigation will not have a significant adverse effect on the environment. 5. Conditions of approval attached to the project as Exhibit "C" are included in the project to provide mitigation for potenital kit fox habitat, potential archaeolgoical resources prior to ground disturbance, and potential impacts on school facilities as identified by the affected districts. 6. The recommendation of the Planning Commission for approval of Zone Change No. 5502 is hereby upheld. SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: All of the foregoing recitals are hereby found to be true and correct. 2. The Negative Declaration is hereby approved and 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 Nos. 123-25 and 123-26 marked Exhibit "A" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "B". Zoning will take place except that the zoning on the Fambrough/Tackett property reverts to C-1 on December 1, 1994. 2 4. Such zone change is hereby made subject to the conditions of approval listed in attached Exhibit "C". SECTION 2. This ordinance shall be posted in accordance with provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. ......... 000 ......... 3 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 J[l~ 2 9 199~ , by the following vote: AYES: COUNCIl. MEMBERS McDERMOTF, E-~, I}~9~1~, ~MITH, BRUNNI, ROWLE$, SALVA~GIO NOES: COUNCILMEMBERS ABSTAIN: COUNCILMEM[:~ERS AI~ENT: C, OUNOILMEM~EP~ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED J[It129 1~1 MAYOR of the City of Bakersfield APPROVED as to form: JUDY SKOUSEN ACTING CITY ATTORNEY of the City of Bakersfield ssistant City Attorney DR:pjt July 5, 1994 res\o5502.cc 4 ZONING MAP 123-25 SEC. ~'~ LEGEND ~:XHLBIT "B~* Legal Descrip~ion Zone Change No. 5502 C-1 (Neiahhorhood Commercial% Zone to R-1 lone Family Dwellina~ Zone The East 1/2 of the Southeast 1/4 of the Northeast 1/4 of Section 26 located in Township 30 South, Range 27 East, M.D.B.& M., City of Bakersfield, Kern County, California. Containing 17.50 Acres. A portion of the Southwest 1/4 of the Northwest 1/4 of Section 25 in Township 30 South, Range 27 East, M.D.B.& M., City of Bakersfield, Kern County, California, more particularydesoribed as follows: Parcels 1 and 2 as shown on Parcel Map No. 4385 filed in Book 19 of Parcel Maps at Page 105 in the Office of the Kern County Recorder. Containing 6.27 Acres C-1 {Neiahhorhood Co~mercial~ Zone to R-1. CH {One Fmm~lvD~elli~ ChUrC~ Zone A protion of the Southwest 1/4 of the Northwest 1/4 of said Section 25, more par~iculary described as follows: Parcel 3 as shown on Parcel Map No. 4385 filed in Book 19 of Parcel Maps at Page 105 in the Office of the Kern County Recorder. Containing 2.50 Acres EXHIBIT "C" Zone Change No. 5502 Recommended Mitigation Measures In order to mitigate the impacts of any natural to urban land conversion on the San Joaquin kit fox (a State and Federally-listed Endangered Species), the applicant must, prior to ground disturbance, follow the attached Advisory Notice, detailing the Interim Mitigation Measures established for the Metropolitan Bakersfield Habitat Conservation Plan. (Mitigation) An archaeological survey is requked for the pro~ect area prior to site disturbance. The report is to be submitted to the California Archaeological Inventory at Cal State Bakersfield for review. A letter from the California Archaeological Inventory veribfing that any measures of the report have been completed shah be submitted to the City Planning Department prior to the issuance of any building permit. (Mitigation) Prior to the issuance of a building permit within the project area, the Kern High School DisUict, Greenfield and Panama-Buena Vista School Districts must be paid the amount of $3.65 per square foot of assessable space (as that term is defined in Government Code Section 65995) for each residence for the purpose of providing school facilities. This amount will be increased in even-numbered years according to the adjustment for inflation determined by the State Allocation Board for ClaRk B construction at its January meeting, which increase will be effective as of the date of that meeting. ~-his payment will not be required if each of the districts has certified in w~ting that alternative mitigation measures have been undertaken with respect to the project to adequately address school overcrowding. p:5502.sr ADVISORY NOTICE '~e San Joaquin kit [ox { Vul~es macrotis muttca}, a £ederaliv-fi_~!t~_ endangmrea speems. exis~ throughout tile Bak~eldmetro~titan area. Kit foxes exca~te dens/or shelter. to raise pups, and to csca~ from predators such as coyotes. Dennin$ sites may oc~3r on vacant lots in the Bahorsdeki area where development is planned. The City. o~ BaksssfinM and County of gem are currency dem*ot~ · regional mnsu~auun pLu that will balam:e future urban ~ovfia with the consmvatmm o~ tim Sam Joaqm kit fox ned other ~ plane and Hinss~ Oam a,,p,5~ed, this ca[li~Svnsio~ plait will fui~ thin p,~ry requ~ for abrahang a Section tO(a) permit from me U~. Fish and WildiRe Service to allow 'm~lmual mm o~ tim kit ~ anst otlu~ s~-~-- dining ~ a~vitiea. Hmvewr. whik ~ plan is being d~nt~0~), and un~ the Section IO(a) penrot is isnmd. ~ measures nnm be i p' ~'ed m pmmm ununthonmt in~luntel takm of San Joaquin kit fog~s and to offset any lorn of kit fox habitat resulting from ongoing constm~oe a~inus. To comply with thes~ m~m~ff. aII p~ al~ ~o[np~Rles ptnnnin~ tO cngng~ m mnstrm:uon or other activfiies that may inn~u:t San Jox~m kit fox~ or their habitats w~th~n the p I~ll~ri~M[~ ¢O[[~"~tlO n ptmn ~DOund~ are rc~an'cd to underrate the folloMnw specific 1. Prior to ground disturbance, biological sulveys. ior kit foxes and t heir dens that conform m U.S. Fish and Wildli~ Service minlmm~ reee~n~a,~**i~-*slmil be cond,_,~-d by. a ~ biologist. Persons requiring further il~ot'm~Mon on 'n~ ~11%'~. re~mmpn d n t JOn~ slmuld co~*-,'~ Bill Lehman of the Setw:e's Sacramento Field O!~:e at (916) 978-4866. 2. .-~1 known and potential San Joaquin kit fox dens that will be unavoidably destroyed by pro~ ac:mns shaJl be care~utly excavated by. or under the direct supervision of a qualified wildlife biologist. Dens slmll be completely excavated and subsequent .ly backfilled and compacted to prevent later use b.v kit foxes prior to onset of project constracuom Monitoring of dens pursuant to Service reconuneaoM.~ons snail be conducted pr~or to excavauon to ces~'e that dens are not occuoled b.v kit taxes when excavated. [£ a Kit fox is inadvertently. found inside a den during eya:~vation, the ammal~s) slmtl be altovn~ to escape ~nhln4~. In&modena on den definitions ~ontectmg the Sac3'an~mo Field Office. 3. To pro!e~__ female San Joa~m kit fe~ea and the~ p~ d~ ~e b~nE ~ no *~-o[ ~t ~m~ ~o[ ~t ~ ~ p~on ~yp~~ J~ I m ~ 30. ~ bio~ ~ co~o~i-~ to S~ m~m s~ f~ on ~ ~ p~. M~ ~ ~, m foroun~~~- J~i, ~of ~~~. of~~~~~ thru su~ p~. ~ s~ ~ e~ a._ Submqunnt sarw. ys d*-~-~,~o. that kit fo~es have vaeamd the im~erty on ~ own, without any form of deliberate hn~nn distnrbunm within tO0 fe~t of or direly m kit b. C'lrtnllar cxcinsiun zones of 100 feet in tadins are staked and fhs~d arunmi all known and potuntial kit fox dom on the subjeot pm!~y. Deveiogment could thun p _r~.~__ _ on filo balance of the pmt~my that is outm~ timm 4. A~ a means of off~ttmg the uanvoidebb loss oi ene~-gered speoes habitat nssociated wi~h development. a fee is required by. the ci.ty or county. This fee is being assrased upon submittal of a building permit. Sp~i~ fee amounts varywith the size of planned project development, For lurther in£ormauon regarding these mensm'e~ please contact Jim Mov/ns of the City of BakemJeld plnnnin~ Depamneat. 1501 'I'mxnm Avenue. Bakersfield. Californm 93301 (805) 326- 3733, or the U.S. Fish and Wildl~e Sentice, Sacramento Field Office. 2.800 Cottage Way, Room E-182~, Sacramento, Cal~orma 95825 (916) 978- 4866. Prepared by United States Deoartment of the c? ~*e"-'i!!i~, Interior. Fish ami Wildlife Service. > AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) ss. County of Kern ) CAROL WILLIAMS, 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 28th day of July, 1994 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3598, passed by the Bakersfield City Council at a meeting held on the 29th day of June, 1994, and entitled: AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NOS. 123-25 AND 123-26 BY CHANGING THE ZONING OF 26.27 ACRES GENERALLY LOCATED EAST AND WEST OF WIBLE ROAD, NORTH OF BERKSHIRE ROAD, AND SOUTH OF THE ARVIN-EDISON CANAL FROM A C-1 (NEIGHBORHOOD COMMERCIAL) ZONE TO AN R-1 (ONE FAMILY DWELLING) ZONE ON 23.77 ACRES AND TO AN R-1 CH (ONE FAMILY DWELLING-CHURCH) ZONE ON 2.5 ACRES /s/ CAROL WILLIAMS City Clerk of the City of Bakersfield DEPUTY City Clerk~2~