HomeMy WebLinkAboutORD NO 3602ORDINANCE NO. 3 6 0 ~
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND ZONING
MAP NO. 102-30 BY CHANGING THE ZONING OF 7.46
ACRES GENERALLY LOCATED ON THE NORTH SIDE
OF BRIMHALL ROAD, APPROXIMATELY ONE-
QUARTER MILE EAST OF JEWETTA AVENUE FROM AN
R-1 (ONE FAMILY DWELLING) TO AN R-1 CH (ONE
FAMILY DWELLING-CHURCH) ZONE.
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 north side of Brimhall Road,
approximately one-quarter mile east of Jewetta Avenue; and
WHEREAS, by Resolution No. 36-94 on July 21, 1994, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of
the Municipal Code to approve zone change of the subject property from an R-1 (One
Family Dwelling) zone to an R-1 CH (One Family Dwelling-Church) zone on 7.46 acres
as delineated on attached Zoning Map No. 102-30 marked Exhibit "A", by this Council
and this Council has fully considered 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 which warranted a negative declaration
of environmental impact and changes in zoning of the subject property from an R-1
(One Family Dwelling) zone to an R-1 CH (One Family Dwelling-Church) zone on 7.46
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 June 22, 1994, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows residential
development; 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. Based on an initial study, staff determined the proposed project will
not significantly affect the physical environment in the area and issuing a Negative
Declaration with mitigation is adequate.
4. The proposed zone change is consistent with the Metropolitan
Bakersfield 2010 General Plan.
5. Conditions of approval attached to the project as Exhibit "C", are
included in the project to provide mitigation for potential impacts on kit fox habitat and
buffering adjacent residential properties.
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 No. 102-30 marked Exhibit "A" attached hereto and made a part hereof, and are
more specifically described in attached Exhibit "B".
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.
......... o0o .........
2
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
$1:p 0 ? 1~9~ , by the following vote:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED $EP 0 ?
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY SKOUSEN
CITY ATFORNEY
BY:
Assistant City Attorney
DR:pjt
August l, 1994
res\o5575.cc
3
CITY OF BAKERSFIELD
ZONING MAP IO2 -
EXHIBIT "B"
Legal Description for
Zone Change No. 5575
R-1 to R-1 CH
BEING AN ADJUSTMENT OF THOSE PARC~-~ OF ~AND SHOWN AS
PARCELS 1, 2 AND 3 ON GRANT DEED RECORDED IN BOON 5701, PAGE
2321 IN THE OFFICE OF THE KERN COUNTY RECORDER.
ALSO BEING A PORTION OF '£~ WEST HALF OF THE SOUTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 30, TOWNSHIP 29
SOUTH, RANGE 27 EAST, N.D.M., COUNTY ~F -k~,K~, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS:
CO~D~ENCING AT THE SOUTH QUAI~£~K CORN~ OF SAID S~-£~ON~
THENCE SOnT~ 89'47.10# WEST J~LONG ~ SO~TH ~ OF SAID
SOUTHWEST QUAR%.~ AND THE CENTERLINE OF BR22~HALL ROAD,
1350.14 1~ TO TEE SO~r&'nw~,ST ~ OF ~ SOUTI~r~T
QUAIc~'L~K OF TEE SOUTHWEST QUARTER OF SA~D SECTION~ THENCE
DEPARTING FRON SAID SOUTH LINE AND SAID CEW&-~, NORTH
00e13*4B# WEST ~JuONG ~ 1~ LInE OF -&'~a~ ~ QUAlt~EJt
OF SAID SOUTHWEST QUAI~-~, 30.00 FEET TO THE POINT OF
BEGINNING~ THENCE CONTINUING NO~ 00eI3e46a NEST ALONG SAID
WEST LINE, 747.29 P~£ TO A POINT NHTCE IS 117.00 rr.=£ NORTH
AS MEASURED ALONG SAID WEST LINE FRON w,= NORTHWEST CORNER
OF THE SOtrI-/~/EST QUARTER OF THE SOUTHE~ST QUARTER OF SAID
SOUTHWEST QUARTER; THENCE NORTH 87~13e25# EAST, 675.69 FEET
TO A POINT ON THE EAST LINE OF THE NEST HALF OF THE
SOUTHEAST QUARTER OF SAID SOUTHWEST QUA~£-~K, SAID POINT
BEING 147.00 F-~-~· NORTH AS MEASURED ALONG SAID EAST LINE
FROM =?~ NORTHEAST CORNER OF ~'~ SO~-hWEBT QUARTER OF THE
SOUTHEAST QUA*c£-nK OF SAID SOUTI~fEST QUA~c£~ -~uuiCE SOUTH
00e13e50# EAST ALONG SAID EAST LINE, 16S.09 FEET~ '~'~t~CE
DEPARTING FROM SAID EAST LINE, SOUTH S7e13'26a NEBT~ 35.26
FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE
NORTHWESTERLY HAVING A RADIUS OF 50.00 FE~T FROM WHICH POINT
A RADIAL BEARS SOUTH 63~3S'44# WEST~ T~ENCE S00T~ERLY AND
WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGI~ OF
175~45'36w AN ARC LENGTH OF 153.38 FEET TO a~tE BEDINNING OF
A REVERSE uua%'E CONCAVE SOUTHWESTERLY HAVING A RADIUS OF
25.00 FEST; THENCE NORTHWESTERLY ALON~ SAID uuav~ THROUGH A
CENTRAL ANGLE OF 62e10e55w AN ARC LEN~T~ OF 27.13 FEET;
THENCE SOU~I~ 87'13'26# WEST, 370.95 FEET~ ~q~ENCE SOU~
00'13'46# F~T 556.26 FEET TO A POINT W~IC~ IS 30.00 FEET
NORTH AS MEASURED AT RIGHT ANGLES TO THE BOUT~ LINE OF SAID
SOUTHWEST QWARTER; THENCE SOUT~ 89e47'10w WEST pAR~?.?.w~. WITH
SAID SOUTH r-IRE, 158.50 FEET TO THE POINT OF BEGINNING.
CONTAINING 5.13 ACN~S GROSS.
COI~NCII~G AT THE SOUTH Q~ CORNER OF SAID SECTION;
THENCE SOUTH 89e47'10# MEET ALONG '&~J~ BOOTH ~ OF S~D
SO~ ~U~ ~D ~NG ~ C~k~ OF B~ R~
1191.64 F~, SAID POI~ BEING 158.50 ~ ~ AS M~
~NG S~D SO~ LI~ ~ ~E
S0=£~ QU~£~ OF ~ SO~z~ QU~£~ OF S~D SE~ON~
~ D~ING ~OM ~D SO~E~ LI~ ~ S~D C~'~'-~,
NO~ 00e13~46a ~, 30.00 ~
~ ~NG NO~ 00e13~46
NO~ 87e~3'26~ ~, 196.69 ~ ~ SO~ 00el~e46a
~, 56S.06 FE~ TO A ~
Q~A~ ~CE SO~ 89~47~10~ ~T P~ ~ SAID
SO~ ~, 196.50 FE~ ~ ~ POZ~ OF
COSTAINING 2.53 ACRES GROSS.
EXHIBIT "C"
Zone Change No. 5575
Conditions of Approval
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 Advisory Notice, detailing the Interim
Mitigation Measures established for the Metropolitan Bakersfield Habitat
Conservation Plan. (Mitigation)
p:5575.ea
ADVISORY NOTICE
The San Joaquin kit fox (Vulpes macrotis mutica),
a federally-listed endangered species, exists
throughout the Bakersfieidmetropolltan area. Kit
foxes excavate dens for shelter, to raise pups, and
to escape from predators such as coyotes.
Denning sites may occur on vacant lots in the
Bakersfield area where development is planned.
Section 9 of the Endangered Species Act of 1973,
as amended (Act), prohibits the "take" of federally
listed endangered and threatened species. As
defined under the Act, take means "to harn~
harm, pursue, hunt, shoot, wound, kill trap,
capture, or collect, or the attempt to engege in any
such conduct." "Incidental take" (defined as take
that is incidental to, and not the purpose of, the
carryingout of an othenvise lawful activity) may be
authorized by obtaining an "incidental take permit"
pursuant to Section 10(a) of the Act.
The City of Bakersfield and County of Kern are
currently developing a regional conservation plan
that will balance future urban growth with the
conservation of the San Joaqnin kit fox and other
sensitive plants and an!nnni~ Once approved, this
conservation plan will fulfill the primary
requirement for obtaining a Section 10(a) permit
from the U.S. Fish and Wildlife Service to allow
incidental take of the kit fox nnd other species
during development activities. However, while this
plan is being developed, and until the Section
10(a) permit is issued, specific measures must be
implemented to prevent unauthorized incidental
take of San Joaquin kit foxes and to offset any loss
of kit fox habitat resulting from ongoing
construction actions. To comply with these
measures, all persons and companies planning to
engege in construction or other activities that may
impact San Joaqnin kit foxes or their habitats
within the prescribed conservation plan boundaries
are required to undertake the following specific
measures for the kit fox:
1. Prior to ground disturbance, biological
surveys for kit foxes and their dens that conform to
U.S. Fish and Wildlife Service minimum survey
recommendations shall be conducted by a qualified
wildlife biologist. Persons requiring further
information on minimnm survey recommendations
should contact Bill Lehman of the Service's
Sacramento Field Off"ice at (916) 978-4866.
2. All known and potential San Joaquin kit
fox dens that will be unavoidably destroyed by
project actions shall be carefully excavated by or
under the direct supervision of a qualified wildlife
biologist. Dens shali be completely excavated and
subsequently backfilied and compacted to prevent
later use by kit foxes prior to onset of project
construction. Monitoring of dens pursuant to
Service recommendations shall be conducted prior
to excavation to ensure that dens arc not occupied
by kit foxes when excavated. If a kit fox is
inadvertently found inside a den during excavation,
the animal(s) shall be allowed to escape
tmhin_dered. Inlornmtion on den definitions end
monitoring recommendations can be obtained by
contacting the Sacramento Field OIIica.
3. To protect female San Joaquin kit foxes
and their pups during the breeding season, no
development activities likely to resuR in incidental
take of kit foxes and no excavation of kit fox dens
shall be permitted on any property within the
prescribed conservation plan boundaries from
January I to April 30, if biological sunreys
conforming to Service minimum survey
recommendations demonstrate the prexenca of kit
foxes on the subject property. Minimqm ~zrv~y
recommendations for the period from January I to
April 30, and for one calendar week pre~
January 1, shall consist of seven consecutive nights
of negetive survey results where methods inclu..d~ng
spotlighting, scent stations, and placing of trn~
medium at all known and potential kit fox dens on
the subject property. This shall be enforced
unless:
a. Subsequent surveys demonstrate
that kit foxes have vacated the property on their
own, without any form of deliberate humma
disturbance within 100 feet of or directly to kit font
dens:
b. Circular exclusion zones of 100
feet in radius are staked and flagged around all
known and potential kit fox dens on the subjena
property. Development could then proceed on the
balance of the property that is outside these
exclusion zones;
c. Survey information collected by a
qualified wildlife biologist indicatex that incidental
take of kit foxes resulting from den excavations
should not occur, provided that such information
is presented in writing to the Service's Sacramento
Field Office and the Service concurs in writing.
4. As a means of offsetting the unavoidable
loss of endangered species habitat associated with
development, a fee is required by the city or
county. This fee is being asses~.xt upon subinittal
of a building permit. Specific fee amounts will
vary with the size of planned project development.
For further information regarding these measures,
please contact Jim Movius of the City of
Bakersfield planning Department, 1501 Truxtun
Avenue, Bakersfield, California 93301 (805) 326-
37-33, or the U.S. Fish and Wildlife Service,
Sacramento Field Office, 2800 Cottage Way, Room
E-1823, Sacramento, California 95825 (916) 978-
4866.
Prepared by United States Department of the
Interior, Fish and Wildlife Service.
Minutes, PC, 7/21/94 Page 3
DRAFT
5.1
PUBLIC HEARING - ZONE CHANGE 5575
Staff report recommending approval was given.
Public portion of the hearing was opened; no one spoke in favor or opposition.
No one was present representing the applicant.
Public portion of the hearing was closed.
Responding to question by Chairman Messner, Mr. Hardisty said the applicant
was sent a copy of the staff report and staff received no comments in return.
Responding to question by Commissioner Hersh, Mr. Kloepper did not feel
placing these churches so close together would generate a traffic jam.
Mr. Hardisty said he was under the impression that the church is looking into
eliminating the lot lines, therefore he felt this was an effort to obtain a much
larger site rather than adding another church in a side-by-side fashion.
Motion was made by Commissioner Marino, seconded by Commissioner Andrew
to adopt resolution making findings as set forth in staff report and approve the
Negative Declaration, and approve Zone Change No. 5575, subject to the
conditions of approval on Exhibit "A," and recommend same to City Council.
Motion carried by the following roll call vote:
AYES:
Commissioners Andrew, Boyle, Brady, Delgado, Hersh,
Marino, Messnet
NOES: None
NOTICE OF PUBLIC HEARUNG AND PROPOSED NEGATIVE DECLARATION
BEFORE THE PLANNING COMMISSION OF THE CITY OF BAKERSI~IELD
NOTICE IS HEREBY GIVEN that a hearing accepting testimony will be held before the Planning
Commition of the City of Bakersfield. The hearing will begin at 12:15 p.m., or as soon thereafter, as the
matter may be heard on MONDAY, JULY 18, 1994, in the Council Chambers, City Hall. The Monday
portion will be for presentation of staff testimony only. No action to approve or deny this project will be
taken on Monday. The hearing will be continued to take testimony from others at 5:30 p.m., or as soon
thereafter as the matter may be heard on THURSDAY, JULY 21, 1994, in the Council Chambers of City
Hall 1501 Truxtun Avenue, Bakersfield, California, 93301, to consider the following request:
The project to be considered: Zone Change No. 5575 from an R-1 (One Family Dwelling) zone
to an R-1 CH (One Family Dwelling-Church) zone on 7.46 - acres.
o
Project location: Generally located on the north side of Brimhall Road, approximately one-
quarter mile east of Jewetta Avenue.
3. The name and address of the project applicant:
AMD Partners
5601 Truxtnn Ave., Suite 190
Bakersfield, CA 93309
NOTICE IS AI.$O !tEREBY GIVEN that a public hearing will be held at the same time and place
by the Planning Commission to receive input from the public on the potential effect of this project on the
environment. Pursuant to the California Environmental Quality Act (CEQA), an Initial Study has been
prepared, describing the degree of possible environmental impact of the proposed project. This study has
shown that the proposal (as mitigated) will not have a significant effect on the environment; therefore, a
Negative Declaration is proposed. Copies of the Initial Study and proposed Negative Declaration are on
file and available to the public through the Planning Department (contact Dave Relz~r) in the
Development Services building at 1715 Chester Avenue, or by teieplioning the department at (805) 326-
3733.
PUBLIC COMMENT regarding the proposed project and/or adequacy. of the Negative
Declaration, including requests for additional environmental review, will be accepted in writing on or
before the hearing date indicated above at the Planning Deoartment. If you challenge the action taken on
this proposal in court, you may be limited to raising only those issues raised at the public hearing, or in
written correspondence delivered to the City of Bakersfield prior to the close of the hearing.
DATED: June 22, 1994
POSTED: June 22, 1994
DR:pit
p:5575.nph
ZONE CHANGE 5575
E(1/Z)RS
E(I/2)RS
e(1/2)rS
R-1
BRIMHAl I
N
O 400
I |
eO/2)rs
25
36
T295, R26E
R-l(18oOOO)
i
R-S-1OA I -
]
rOAD
L
H~II$ClfOOL
T29S, R27E
A-20A
E(1/2)RS
R-1
e(1/2)rS
ma"9'~'.
E(2-~/2)RS
%HF~
E(2-1/2)RS
R-S
I. ENVIRONMENTAL CHECKLIST
Soils
GeolocJm
Em~'u~eciimem~aon
To~=qrm:m~
WA~R
P~
CU~R~ RE~CE~
IMPACT
s't P-'-:l ~
I/
MITIGATION
~' i N i o~
EFFECT"
(N~'E: DISCUSSION REGN:iDING THE ABOVE IMPACTS IS ATTACHED.)
LAND USE
Gens'el pl~ntZorung
Pri~ ~ ~ ~
PUB~ ~ES
Poli~
P~
S~ W~ ~
F~ ~
W~
W~
~ON
M~ AND G~E
NAWR~ RE~URCES
~GY U~E
P - F~'-'qy Significant
IMPACT"
sJP'll
MITIGATION
t = trmi~,,§c.(.ti/t~oF-ffect Y=Yes N=No ORD=Ordinancei;~
II. MANDATORY FINDINGS OF SIGNIFICANCE
Y N
FINDINGS OF DETERMINATION'
THE BASIS OF THIS INITIAL EVALUATION IcnecK onel:
:t has Dean founa that the oroooseo oro!ec[ COULD NOT hsve a significant effect on me enwronmen[:
:~ererore. a NEGATIVE DECLARATION wui be pre,',areo.
~.' It is Dean founcl that although the proDosecl project coulr* have a significant effect on ~ne enwronmen[.
there wifi not De a s~gnificant effect in this case oecause MITIGATION MEASURES. as laentifiecl in the
Discussion of Environmantal Impacts, t~ave Dean incor~omteci into the prolec~: therefore, a NEGATIVE
DECLARATION will ba prapareu.
tt has Dean founct that the propose~t Drolect MAY have a slgmficant effect on the enwronment. ancl an
(ENVIRONMENTAL IMPACT REPORT) wlil be preparea.
APPENDIX l
Zone Change No. $575
Earth
Water
Water
ENVIRONMENTAL IMPACTS
Soils - Construction of the proposed project will result in 7.46 -+ acres of the soils to be insignificantly
disrupted, compacted, displaced, overcovered and uncovered by grading, filling, trenching, installation
of drainage facilities, and other ground preparation activities necessary for urban site development.
These soils are not considered "prime" for agricultural purposes by the State Department of
Conservation. Standard ordinance compliance includes the requirement for soils and grading reports
prior to issuance of building permits and adherence to applicable building codes.
Geologic Hazards - Geology of the site consists of 7.46 -+ acres of relatively flat land, which is not
considered a unique geologic or physical feature. The site is currently undeveloped. The proposed
project would not create an unstable earth condition or cause changes to any geologic substructure.
The project will not expose people, structures, or property to major geologic hazards such as
landslides, mudslides or ground failure.
Although no specific geologic hazards are known to occur within the boundaries of the project site,
there are numerous geologic fractures in the earth's crust within the San Joaquin Valley, which is
bordered by major, active fault systems. All development within the Metropolitan Bakersfield area
is therefore subject to seismic hazards. Current development standards will require the project to
comply with appropriate seismic design criteria from the Uniform Building Code, adequate drainage
facility design, and complete preconstruction soils and grading studies. As the site is outside the
Alquist-Priolo Seismic Zones, no special seismic studies would be required for this site prior to
building structures for human occupancy.
Erosion / Sedimentation - No rivers, streams, canals or beaches are near the project site to be
impacted by the proposed development. Typicalordinance requirementsensure that erosion, siltation
or deposition of soils from the site by water run-off will not occur through development of the project,
nor through drainage of the site after construction. Wind erosion and fugitive dust may occur during
the construction process: however, normal use of water spraying will control wind erosion impacts and
should not be considered significant.
Tooo~raohv - The slope of the natural terrain on-site is fiat. Project development will not result in
a change to the topography and/or ground surface relief features of the area to a significant degree.
Quality / Quantity -
Groundwater - The project will not alter the direction or rate of flow, or substantially deplete the
quantity of groundwater resources, either through direct additions or withdrawals, or through
interception of an aquifer by cuts or excavations. The project will not contaminate a public water
supply, substantiallyinterferewithgroundwater rechargeor substantially degradewater quality. Water
service would be provided for the development by the Vaughn Water Company; however, the
cumulative impact to the water table would be negligible and insignificant.
Surface Water - The project will not result in discharge into any surface water, alter surface water
quality to a significant degree, including but not limited to temperature, dissolved oxygen or turbidity.
The proposal will not contaminate any public water supply. As the site is not located adjacent to or
contains any rivers, streams or canals, the proposal will not result in changes in currents or the course
or direction of surface water movements.
Appendis I
Zone Change No. 5575
Page 2
Flooding/Drainage - The project will not result in changes to the course or direction of fresh water
currents, or result in changes to the amount of surface water, as the site does not contain, nor will
the proposal impact, any rivers, streams or canals. The site is not in an area subject to flooding,
therefore the proposal will not expose people or property to water-related hazards such as flooding
or tidal waves. Changes in absorption rates, drainage patterns, and the rate and amount of surfaco
water runoff will change as the project is developed. Current development standards require the
project to comply with adequate drainage facility design, complete preconstrnction soils and grading
studies, and compliance with the City Public Works or Building Departments.
Ai~r
Air Quality - There will not be a substantial increase in air pollution emissions, nor will there be a
substantial deterioration of ambient air quality through development of this project sinco the subject
property is already zoned R-1 and the addition of the CH zoning overlay for the proposed church is
not expected to significantly effect air quality. The proposal will not violate any ambient air quality
standard, contribute substantially to an existing or projected air quality violation, or expose sensitive
recoptors to substantial pollutant concentrations.
Climate/Air Movement - Land uses intended or allowed through the proposed project will not
significantly alter air movement, moisture, temperature and/or result in any change in climate, either
locally or regionally.
Odors - Land uses permitted as a result of the proposed project do not appear to have the potential
to create objectionable odors.
Biolo~ical Resources
Plants - The 7.46 -+ acre project site proposed for church development is currently vacant, relatively
flat land consisting primarily of grassland. New plant species will be introduced as a result of
ornamental landscaping the site with urban uses. A barrier would be created to the normal
replenishment of existing plant species, as the site would be completely developed. Although existing
species of plants on-site would be removed through urban development, the proposal will not entirely
eliminate a plant community or substantially diminish or reduco wildlife habitat. These effects of
urban development are not deemed significant.
Animals - Existing animal species using the proposed project site likely consists of those typically
found in the area. New animal species, such as domesticated dogs and cats, will be introduced as
a result of occupying the site with urban uses. A barrier would be created to the normal
replenishment of existing animal species, as the site would be completely developed. Although
existing species of animals on-site would be removed through urban development, the proposal will
not entirely eliminate a wildlife community or substantially diminish or significantly reduce wildlife
habitat. These effects of urban development are not deemed significant.
Rare/Endangered Species - While no known unique, rare or endangered animal or plant species
appear to be present on-site, there is a potential for San Joaquin kit fox to occur in the area. The
proposal should not substantially affect, reduce the number, or restrict the range of any unique, rare,
or endangered species of animal or plant, or their habitat, other than the San Joaquin kit fox. In
order to mitigate the impacts of any natural to urban land conversion on the kit fox (a Federally-listed
Endangered Species), or its habitat, the applicants must, prior to ground disturbance, follow the
Metropolitan Bakersfield Habitat Conservation Plan Advisory Notice, detailing the Interim Mitigation
Measures established for the MBHCP.
Appendix I
Zone Change No. 5575
Page 3
Habitat Alteration - Urban development may alter the area's habitat by introducing domesticated or
feral species of animals into the area. The project may result in the creation of a barrier to the
migration or movement of animals from nearby open land. These impacts to wildlife habitat are
considered in the Final Environmental Impact Report for the Metropolitan Bakersfield Habitat
Conservation Plan (MBHCP), and are not considered significant for the project proposed.
The proposed project is not "significant" per CEQA, and a Cert'dicate of Fee Exemption was
previously made with the California Department of Fish and Game for Tentative Tract 5417 on the
subject property. The project will not individually or cumulatively have an adverse effect on wildlife
resources, as defined in Section 711.2 of the Fish and Game Code. See attached De Minimis Impact
Findings.
Transoortafion
Traffic/Circulation - Since the subject property is already zoned R-1 and the requested CH (Church)
zone overlay would permit the proposed church development, resultant daily traffic impacts would
probably be less than those expected to occur with a single family residential development permitted
under the current R-1 zoning. Unlike residential traffic, church related traffic does not usually occur
during peak hours or on a daily (weekday) basis (primarily occuring during off-peak hours and on
weekends). Thus, the proposed church project will not generate significant additionaldaily vehicular
movement, will not cause an increase in daily traffic which is substantial in relation to the existing
traffic load (volume) and capacity of the street system, and will not substantially impact existing
transportation systems beyond thatwhichwouldbe generatedby the existingR-1 zoning. The project
will not significantly alter present patterns of circulation or movement of people and/or goods.
Parkin~ - The proposed development of a church will create a demand for new parking areas which
will be reduced to less than significant through the parking ordinance which specifies the number of
parking spaces required for churches.
Traffic Hazards - There would be no known significant increase in traffic hazards to motor vehicles,
bicyclists, or pedestrians as a result of the proposed project.
Air/Water/Rail Systems - The project will not affect waterborne, rail or air traffic.
Cultural Resources
Archaeological/Historical - No known archaeological or historical resources are located on the site.
Land Use
Comoatibilitv - The proposed project will include church types of land uses. The existing land uses
surrounding and adjacent to the project site are indicated in the following table. These uses are
compatible with proposed land uses. The proposed project will not conflict with adopted
environmental plans or goals of the community, disrupt or divide the physical arrangement of an
established community, or create a significant land use compatibility problem.
Appendix I
Zone Change No. 5575
Page 4
Land Uses and Zoning of Adjacent Properties
2010 ZONING EXISTING
LOCATION GENERAL PLAN DISTRICT LAND USE
NORTH SR (county) E(1/2)RS (county) Residences, with animals
SOUTH LR (city) R-1 (city) Residential Subdivision
EAST SR (city) RS (city) Existing Church &
SR (county) E(1/2)RS (county) residences with
animals
WEST SR (city) E (city) Residences with animals
SR (county) RS-10A (county)
General Plan/Zoniw, - The present land use designation on the site is SR (Suburban Residential)
with existing zoning of R- 1 (One Family Dwelling) zone. The proposal will change the zoning of the
site to R-1 CH (One Family Dwelling-Church) zone. This change will not result in a substantial
alteration of the present or planned land use of the area, due to the fact that the R-1 zoning already
exists and the proposal will add the CH (Church) zoning overlay which would permit development
of the proposed church use. The proposal is consistent with the Metropolitan Bakersfield 2010
General Plan policies and implementation measures and will not significantly conflict with established
recreational, educational, religious or scientific uses of the area.
Growth Inducement - The proposed project will not induce substantial growth.
Prime Av. ricultural Land - No agricultural crops currently exist on site and the site does not contain
prime agricultural soils. Removal of 7.46 - acres of land through the proposed project will not
convert prime agricultural land to nonagricultural use or impair the agricultural productivity of
adjacent prime agricultural land.
Public Services
Police - The proposal will not affect City Police protection in the area, as no new residents would be
included in the City.
Fire - The church proposal will not significantly affect City fire service for the area, as no new
residents will be included in the City.
Schools - The proposed church project would not impact school facilities to a significant degree.
Since the subject property is already zoned R-l, the proposed CH (Church) overlay zone would likely
reduce potential impacts on schools.
Parks / Recreation - The church project proposes no increase in population for the areas and would
not result in an impact upon the quality or quantity of existing recreational opportunities or create
a substantial need for new parks or recreational facilities.
Solid Waste / Disvosal - The proposed project would not result in a need for significant new or
substantial alterations to existing solid waste disposal systems. The development will not breach
published national, state or local standards relating to solid waste or litter control.
Appendix I
Zone Change No. 5575
Page 5
Facility Maintenance - Street or other public facility improvements from the proposed development
and eventual buildup of the area will result in an increase in maintenance responsibility for the City
of Bakersfield. These increases in services are not deemed significant.
Utilities
Water - The proposed development would not result in a need for significant additional systems or
substantially alter the existing water utilities in the area. Expansion of all water utilities would be
required to serve this development, but the impact is not considered significant. Utility companies
may require additional mitigation from the applicant for receiving their service.
Wastewater - The proposed development would not result in a need for significant additional systems
or substantially alter the existing wastewater utilities in the area. Expansion of all wastewater utilities
would be required to serve this development, but the impact is not considered significant. The
proposed project will not require the extension of any sewer trunk line that will serve new
development. Utility companies may require additional mitigation from the applicant for receiving
their service.
Storm Drainage - The proposed development would not result in a need for significant additional
systems or substantially alter the storm drainage systems in the area. Expansion of all storm drain
utilities would be required to serve this development, but the impact is not considered significant.
Utility companies may require additional mitigation from the applicant for receiving their sen4ce.
Natural Gas - The proposed development would not result in a need for significant additional systems
or substantially alter the natural gas systems in the area. Expansion of all natural gas utilities would
be required to serve this development, but the impact is not considered significant. Utility companies
may require additional mitigation from tbe applicant for receiving their service.
Electricity - The proposed development would not result in a need for significant additional systems
or substantially alter the electricity systems in the area. Expansion of all electric utilities would be
required to serve this development, but the impact is not considered significant. Utility companies
may require additional mitigation from the applicant for receiving their service.
Conununications - The proposed development would not result in a need for significant additional
systems or substantially alter the communications systems in the area. Expansion of all
communication systems would be required to serve this development, but the impact is not considered
significant. Utility companies may require additional mitigation from the applicant for receiving their
service.
Population / Employment/HousinR
The proposed project includes a proposed church use on 7.46 -+ acres. The proposed project will not
induce a substantial concentration or displacement of people, or significantly alter the location,
distribution, density, or growth rate of the human population of the area, or affect existing housing
or create a demand for additional housing.
The proposal may impact, in a beneficial way, the temporary and permanent income distribution,
employment and/or tax revenues of the City of Bakersfield or County of Kern. The project will not,
however, result in significant reduced employment opportunities for low and moderate income socio-
economic groups or impact the social affiliation or interaction of the neighborhood. There will not
be a significant impact on the privacy of surrounding areas.
Appendix I
Zone Change No. 5575
Page 6
Health Hazards / Public Safety
No health hazards or potential hazards to people or plant or animal populations will be created as
a result of the proposed development. The proposal does not involve a risk of explosions or releasing
hazardous substances (including but not limited to oil, pesticides, chemicals, or radiation) in the event
of an accident or upset conditions. The project will not attract people to an area and expose them
to hazards found there, nor will the project interfere with emergency response plans or emergency
evacuation plans. The project is not on the most current hazardous wastes and substances site llst
pursuant to Section 65962.5 of the California Government Code.
Noise
Ambient noise levels will increase through any urban type of development of the site. Typical
development standards including building setbacks, walls, and landscaping will prevent substantial
increases in the ambient noise levels of the adjoining area, will not expose people to severe noise
levels, and would reduce noise impacts to less than significant.
Aesthetics
The urbanization of the site will alter the open space qualities of the area to a minor degree. The
proposed project is not intending any uses or development in the area that would result in the
obstruction of any scenic vista or view open to the public, nor will the proposal result in the creation
of an aesthetically offensive site open to public view. The project will not have a substantial,
demonstrational negative affect.
Liltht and Glare
Light and glare would increase as a result of electrical lighting facilities surrounding the proposed
development and anticipated vehicle traffic. Site plan review of the proposed development will
evaluate building location, material selection, lighting design, parking and slgnage placement to buffer
proposed light impacts from surrounding developments. Proposed uses should not cause significant
light or glare to existing or future development surrounding the site.
Natural Resources
No non-renewable or other natural resources exist on-site to be used or depleted through the
proposed project.
Energy Usaoe
The proposed church development would not result in significant irreversible environmental changes,
including uses of nonrenewable energy resources, during the initial and continued phases of the
project. The project will not result in significant energy requirements or lack of energy efficiency by
amount or fuel type of a project's life cycle. The proposal will not result in significant effects on local
and regional energy supplies or on requirements for additional energy capacity or sources, nor will
the project result in significant effects on peak and base period demands for electricity and other
forms of energy. The project will not conflict with existing energy standards, nor will it encourage
activities which result in the wasteful or substantial use of significant amounts of fuel, water, or
energy. The project will not result in significant effects on projected transportation energy
requirements or in the project's overall use of efficient transportation alternatives.
Appendix I
Zone Change No. 5575
Page 7
II. MANDATORY FINDINGS OF SIGNIFICANCE
The project does not have the potential to degrade the quality of the environment, substantially
reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-
sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict
the range of a rare or endangered plant or animal, or impact important examples of the major periods
of California histoE; or pro-history.
The project does not have the potential to achieve short-term environmental goals, to the
disadvantage of long-term, environmental goals.
The project does not have impacts which are individually limited, but cumulatively considerable or
for which the incremental effects of an individual project are considerable when viewed in connection
with the efforts of past projects, then current projects, and possible future projects.
The project does not have environmental effects which will cause substantial adverse effects on human
beings, either directly or indirectly.
Reference List
2.
3.
4.
5.
6.
7.
Metropolitan Bakersfield 2010 General Plan and Appendices, City of Bakersfield, Kern County, Kern
COG, Golden Empire Transit, March 1990.
Metropolitan Bakersfield 2010 General Plan DEIR, The PlanningCenter, July, 1989.
Metropolitan Bakersfield 2010 General Plan FEIR, SCH #8907032, City of Bakersfield, County of Kern,
KCOG, Golden Empire Transit, September, 1989.
FEIR Metropolitan Bakersfield Habitat Conservation Plan, Thomas Reid Associates for the City of
Bakersfield and Kern County, March 199L
Metropolitan Bakersfield Habitat Conservation Plan, Advisory Notice to Developers, Interim kit fox
mitigation, September 1987.
Title 17, Zoning Ordinance, Bakersfield Municipal Code.
Title 16, Subdivision Map Act, Bakersfield Municipal Code.
EXHIBIT "A"
Zone Change No. 5575
Recommended Mitigation Measures
In order to mitigate the impacts o£ 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 AdvisoU, Notice, detailing the Interim Mitigation Measures established for the
Metropolitan Bakersfield Habitat Conservation Plan.
p:5575.ai
ADVISORY NOTICE
The Sen Joaquin kit fox (Vulpes macrotis mutica),
a federally-listed endangered species, exists
throughout the Bakersfieldmetropul/tan urea. Kit
foxes excavate dens for shelter, to raise pups, and
to escape from predators such as coyotes.
Denning sites may occur on vacant lots in the
Bakersfield area where development is planned.
Section 9 of the Endangered Species Act of 1973,
as amended (Act), prohibits the "take" of federally
listed endangered and threatened species. As
defined under the Act, take means "to harass,
harm, pursue, hunt, shoot, wound, kill, trap,
capture, or collect, or the attempt to engage in any
such conduct." "Incidental take" (defined as take
that is incidental to, and not the purpose of, thc
canying out of an otherwise lawful activity) may be
authorized by obtaining an '*incidental take permit"
pursuant to Section lO(a) of the Act.
The City of Bakersfield and County of Kern arc
currently developing a regional conservation plan
that will balance future urban growth with thc
conservation of the San Joaquin kit fox and other
sensitive plants and animals. Once approved, this
conservation plan will fulfill the primary
requirement for obtaining a Section lO(a) permit
from the U.S. Fish and Wildlife Service to allow
incidental take of the kit fox and other species
during development activities. However, while this
plan is being developed, and until thc Section
10(a) permit is issued, specific measures must be
implemented to prevent unauthorized incidental
take of San Joaquin kit foxes and to offset any loss
of kit fox habitat resulting from ongoing
construction actions. To comply with these
measures, ail persons and companies planning to
engage in construction or other activities that may
impact San Joaquin kit foxes or their habitats
within thc prescribed conservation plan boundaries
are required to undertake the following specific
measures for the kit fox:
1. Prior to ground disturbance, biological
surveys for kit foxes and their dens that conform to
U.S. Fish and Wildlife Service minimum survey
recommendations shall be conducted by a qualified
wildlife biologist. Persons requiring further
information on minimum survey recommendations
should contact Bill Lehman of the Scrvice's
Sacramento Field Office at (916) 978-4866.
2. AH known and potential San Joaquin kit
fox dens that will be unavoidably destroyed by
project actions shall be carefully excavated by or
under the direct supetwision of a qualified wildlife
biologist. Dens shall be completely excavated and
subsequently backfilled and compacted to prevent
later use by kit foxes prior to onset of project
construction. Monitoring of dens pursuant to
Service recommendations shall be conducted prior
to excavation to ensure that dens arc not occupied
by kit foxes when excavated. If a kit fox is
inadvertently found inside a den during excavation,
the animal(s) shall be allowed to escape
unhindered. Information on den definitions and
monitoring recommendations can be obtained by
contacting the Sacramento Field Office.
3. To protect female San Joaquin kit foxes
and their pups during the breeding season, no
development activities likely to result in incidenUd
take of kit foxes and no excavation of kit fox dens
shah be permitted on any property within the
prescribed conservation plan boundaries from
January I to April 30, if biological surveys
conforming to Service minimum survey
recommendations demonstrate the presence of kit
foxes on the subject property. Minimum storey
reconunendations for the period from Januat3t I to
April 30, and for one calendar week preceding
January 1, shah consist of seven consecutive high**
of negative survey results where methods including
spotlighting, scent stations, and placing of tracking
medium at all known and potential kit fox dens on
the subject property. This shall be enforced
unless:
a. Subsequent surveys demonstrate
that kit foxes have vacated the property on their
own, without any form of deliberate human
disturbance within 100 feet of or directly to kit fox
dens;
b. Circular exclusion zones of 100
feet in radius are staked and flagged around all
known and potential kit fox dens on the subject
property. Development could then proceedon the
balance of the property that is outside these
exclusion zones;
c. Survey information collected by a
qualified wildlife biologist indicates that incidental
take of kit foxes resulting from den excavations
should not occur, provided that such information
is presented in writing to the Service's Sacramento
Field Office and the Service concurs in writing.
4. As a means of offsetting the unavoidable
loss of endangered species habitat associated with
development, a fee is required by the city or
county. This fee is being assessed upon submittal
of a building permit. Specific fee amounts will
vary with the size of planned project development.
For further information regarding these measures,
please contact Jim Movius of the City of
Bakersfield Planning Department, 1501 Truxtun
Avenue, Bakersfield, California 93301 (805) 326-
3733, or the U.S. Fish and Wildlife Sendce,
Sacramento Field Office, 2800 Cottage Way, Room
E-1823, Sacramento, California 95825 (916) 978-
4866.
Prepared by United States Department of the
Interior, Fish and 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 12th day of September,
1994 she posted on the Bulletin Board at City Hall, a full, true
and correct copy of the following: Ordinance No. 3602, passed by
the Bakersfield City Council at a meeting held on the 7th day of
September, 1994, and entitled:
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MPA NO.
102-30 BY CHANGING THE ZONING OF 7.46 ACRES
GENERALLY LOCATED ON THE NORTH SIDE OF
BRIMHALL ROAD, APPROXIMATELY ONE-QUARTER MILE
EAST OF JEWETTA AVENUE FROMAN R-1 (ONE FAMILY
DWELLING) TO AN R-1 CH (ONE FAMILY DWELLING-
CHURCH) ZONE
By:
/s/ CAROL WILLIAMS
City Clerk of the City of Bakersfield
DEPUTY City Clerk