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~