HomeMy WebLinkAboutORD NO 4062 4062
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO.
122-12 BY CHANGING THE ZONING FROM C-2 (REGIONAL
COMMERCIAL) AND R-2 (LIMITED MULTIPLE FAMILY
DWELLING) TO AN R-1 (ONE FAMILY DWELLING) ZONE ON 41
ACRES, THE SITE IS GENERALLY ALONG THE NORTH SIDE
OF WHITE LANE, GENERALLY BETVVEEN BUENA VISTA
ROAD AND ALLEN ROAD. (GPAJZC P01-'1018). (WARD 4).
WHEREAS, in accordance with the procedure set forth in the provisions of Title 17 of the
Bakersfield 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 or being annexed to the City of Bakersfield, generally located north of Brimhall Road,
between Allen Road and Jenkins Road, south of Rosedale Highway; and
WHEREAS, by Resolution No. 33-02 on April 4, 2002, the Planning Commission
recommended approval of the amendment to Title 17 of the Bakersfield Municipal Code to approve
an R-1 (One Family Dwelling) zone on 41 acres located generally along the north side of White
Lane generally between Buena Vista Road and Allen Road, to this Council and this Council has
fully considered the recommendations made by the Planning Commission as set forth in that
Resolution; and
WHEREAS, an appeal was received to the Planning Commission's decision by the
applicant for the Concurrent General Plan Amendment P01-1018; and
WHEREAS, the requested zone change consists of changes from R-2 (Limited Multiple
Family Residential) and C-2 (Regional Commercial) to R-1 (One Family Dwelling) zone on 41 acres
located north of White Lane generally between Buena Vista Road and Allen Road; and
WHEREAS, for the above-described project, an Initial Study was conducted and it was
determined that the proposed project would not have a significant effect on the environment,
therefore, a Negative Declaration was prepared for the project in accordance with the California
Environmental Quality Act (CEQA); and
WHEREAS, the applicant has agreed to implement all mitigation measures identified in the
environmental analysis contained within the Negative Declaration for the proposed project; and
WHEREAS, the law and regulations relating to the preparation and adoption of Negative
Declarations, as set forth in CEQA and the City of Bakersfield's CEQA Implementation Procedures,
have been duly followed by city staff, the Planning Commission and this Council; and
WHEREAS, a Negative Declaration was prepared for the proposed project and was
advertised and posted on February 14, 2002, in accordance with CEQA; and
WHEREAS, the Planning Commission recommended approval of the requested zone
change to R-1 on 41 acres; and
WHEREAS, the Planning Commission's recommendation is compatible with tl'~
surrounding land uses and developments adjacent to the project site; and ~ %
WHEREAS, the Planning Commission's recommendation is consistent with the policies of
the Metropolitan Bakersfield 2010 General Plan; and
WHEREAS, the City Council has considered the project proposal and hereby makes the
following findings:
1. All above recitals are true and correct.
2. All required notices have been given.
The provisions of the California Environmental Quality Act (CEQA) have been
followed.
Based on the initial 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 and sent to responsible agencies and a notice of public
hearing was sent to property owners within 300 feet of the project site. The
Negative Declaration was prepared for the proposed project in accordance with
CEQA.
That this project was the subject of a Negative Declaration and the entire
environmental record is hereby adopted and incorporated herein by reference.
That the infrastructure exists or can easily be provided to accommodate the types
of density and intensity of the proposal.
The public necessity, general welfare and good zoning practice justify the change
of zone R-1 (One Family Dwelling) zone on 41 acres generally located along the
north side of White Lane generally between Buena Vista Road and Allen Road,
The project site, with prior approval of General Plan Amendment No. P01-1018 is
designated LR (Low Density Residential) on the Metropolitan Bakersfield 2010
General Plan Land Use Plan, subject to prior approval of General Plan Amendment
P01-1018.
The Zone Change No. P01-1018 will reflect and is consistent with the previously
adopted General Plan Amendment No. P01-1018.
10. That the zone change is compatible with the surrounding uses.
11.
That Section 17.06.020 (Zoning Map) of the Municipal Code of the City of
Bakersfield is recommended by the Planning Commission for amendment by
changing the land use zoning to R-1 (One Family Dwelling) zone on 41 acres north
of White Lane generally between Buena Vista Road and Allen Road.
ORIGINA
SECTION 1.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows:
The above recitals and findings are true and correct and constitute the findings of
the City Council in this matter.
2. All required notices have been given.
The provisions of the California Environmental Quality Act (CEQA) have been
followed.
Based on the initial study and comments received, staff has determined that the
proposed project could not have a significant effect on the environment. A notice
fora proposed Negative Declaration was prepared and sent to responsible agencies
and property owners within 300 feet of the project site on February 14, 2002. A
Negative Declaration was prepared for this project in accordance with CEQA.
That this project was the subject of a Negative Declaration and the entire
environmental record is incorporated herein by reference.
That infrastructure exists or can easily be provided to accommodate the types and
intensities of the proposed development.
The public necessity, general welfare and good zoning practice justify the change
of zone to R-1 (One Family Dwelling) on 41 acres.
The site, with prior approval of General Plan Amendment No. P01-1018, is
designated LR (Low Density Residential) on the Metropolitan Bakersfield 2010
General Plan Land Use Plan.
Zone Change No. P01-1018 will reflect and is consistent with the previously
adopted General Plan Amendment No. P01-1018 and intent of the Planning
Commission's discussion at the April 4, 2002, public hearing.
10. The zone change is compatible with the surrounding uses.
11.
That the applicant by prior agreement agreed to comply with all adopted mitigation
measures contained within the Negative Declaration for the project proposal.
12.
That Zone Change P01-1018 is hereby approved to R-1 (One Family Dwelling) with
mitigation measures adopted in the Negative Declaration.
13.
That Section 17.06.020 (Zoning Map) of the Municipal Code of the City of
Bakersfield be amended by changing the land use zoning to R-1 (One Family
Dwelling) zone on 41 acres as shown on Map No. 122-12 attached hereto as
Exhibit 2, of that certain property in said City of Bakersfield as described in Exhibit
3 attached hereto.
ORIGINAl.
14.
That Zone Change No. P01-1018, as outlined above, is hereby approved with
mitigation and conditions of approval shown on Exhibit 1, subject to prior approval
of General Plan Amendment No. P01-1018.
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.
......... o0o ........
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
JUN 1 2 2007 , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBERCARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER ~
COUNCILMEMBER ~ ~
COUNCILMEMBER ~
CITY CLERK and Ex Officio Cl~k of the
Council of the City of Bakersfield/
APPROVED JUN ~-2 2002
~sfield
APPROVED AS TO FORM:
BART J. THILT/~N
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May 21,2002
4
ORIGINAL
EXHIBIT 1
Conditions of Approval
General Plan Amendment/Zone Change No. P01-1018
Archaeoloaical Resources:
A Preliminary Archaeological Resources Evaluation was prepared for the project site
and as part of that investigation a Cultural resources Records Search was prepared.
The project site contains histodc and prehistoric sites. Therefore, the following shall be
done on the project site.
Recordation and analysis of Historical Site CA-KER-3961H has been
determined adequate.
Monitoring dudng construction activities is not recommended at CA-KER-3963,
CA-KER-3967, CA-KER-3968 or CA-KER-3969. If, however, unrecorded
cultural remains are unearthed during construction, work shall halt in the area
until a qualified archaeologist can assess the finds.
c. An archaeological monitor shall be present dudng any subsurface construction
activities at CA-KER-3962. If significant cultural resources are discovered
during monitoring, more testing or data recovery will be required.
(Mitigation Measure).
If archeological or paleontological resources are discovered during excavation and
grading activities on the project site, the contractor/developer shall stop all work and
shall retain a qualified archeologist to evaluate the significance of the find and
appropriate course of action. Salvage operation requirements in Appendix K of the
California Environmental Quality Act (CEQA) Guidelines shall be followed and the
treatment of discovered Native American remains shall comply with State Code
Regulations of the Native American Heritage Commission. (Mitigation Measure).
Should human remains be discovered at any time on any portion of the project site,
work shall halt and the Kern County Coroner shall be notified immediately (Section
7050.5 of the Health and Safety Code). In the absence of an archaeological monitor,
a qualified archaeologist and the local Native American community, shall be notified.
(Mitigation Measure).
Prior to the issuance of any grading permit, the project developer shall perform soil
tests to determine concentrations of pesticide and fungicide residues which may be
present within the project sees. Should contaminant levels be in excess of acceptable
Federal, State and/or County levels, the project developer shall identify and implement
remedial action, subject to approval by the City of Bakersfield and other responsible
regulatory agencies to reduce contaminants to acceptable levels. (Mitigation Meesure).
~3RIGINA~
Exhibit 1
Conditions of Approval
GPA/ZC P01-1018
Page 2
Mineral Resources:
Pursuant to the Division of Oil, Gas and Geothermal Resoumes (Division)
requirements, active wells and associated equipment within the project site area shall
be enclosed by an eight-foot (8') high block wall, with barbed wire on the inside at the
seven-foot (7') high level. Appropriate gates shall be installed and climbable
landscaping around the perimeter of the facility shall be avoided. The inside grade of
the facility shall be constructed so that potential spillage will be confined to the
enclosure. Improvements are the responsibility of the project developer. (Mitigation
Measure).
Sufficient access to the existing and abandoned oil wells shall be maintained in order
for the Division to investigate the conditions of the wellheads and to check for leakage.
If any re-abandonments are required, the Division shall furnish all necessary
specifications to the developer and it shall be completed by the developer. (Mitigation
Measure).
If any abandoned or unrecorded wells are uncovered, or damaged during excavation
or grading activities, remedial plugging operations pursuant to the Division
requirements would be required to be completed by the developer. (Mitigation
Measure).
Prior to the issuance of building permits, all oil contaminated soil shall be remediated
to the satisfaction of the Local Unified Program Agency (the Office of Environmental
Services - Bakersfield City Fire Department) in conjunction with the State Regional
Water Quality Control Board and/or the California Department of Toxic Substances
Control. (Mitigation Measure).
Water ResQvrQes:
The City's normal fire protection service flows are 2500 gallons per minute (g.p.m.). In
certain areas and in certain zoning, fire flow requirements (as determined by the City
and/or County Fire Departments) are in excess of the 2500 g.p.m, limit. Fire flow
requirements in excess of 2500 g.p.m, shall require developer fees of $
0.50/g.p.m./acre in excess of 2500 g.p.m, or equivalent facilities. (Mitigation Measure).
10.
Prior to filing a final tract/parcel map, the developer/owner shall record a covenant for
each lot in the subdivision prohibiting the export of groundwater from the subdivision
except by the water purveyor that is serving the subdivision. The individual property
owner is not restricted from using groundwater under their land for use on their
overlying subdivided land. (Mitigation Measure).
Exhibit 1
Conditions ofAppmval
GPA/ZC P01-1018
Page 3
11.
City fees for inspection of installation of water facilities are currently at four (4%)
percent of the estimated construction costs of the in-tract water facilities. In addition,
a $10.00 meter installation fee for each service will be assessed for two inch (2") and
less in size. The inspection fees are due and payable to the City by the land
owner/developer within thirty (30) days of invoice. (Mitigation Measure).
12.
Prior to final recordation of any map for the subdivision, water availability fees for water
service facilities are due and payable. Fees are authorized by the Bakersfield
Municipal Code 14.04.120 (B.) and set by the City of Bakersfield Water Board with
concurrence of the Bakersfield City Council. As of January 23, 1997, the fees were
$2,000.00 per gross acre. (Mitigation Measure).
Public Works:
13.
Note: The payment of the Transportation Impact Fee is an ordinance requirement and
as such does not need to be a condition.
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ORIGINA!
EXHIBIT 2
LOCATION MAP
OF~IGINA.,
ZONE CHANGE P01-1018
11
MING AVE I
'i
SEVEN OAKS
COUNTRY CLUB
!~E LN
T30S, R26E T30S, R27E
EXHIBIT "3"
ZONE CHANGE P01-1018
LEGAL DESCRIPTIONS
PROPOSED R-1 ZONE.(FROM C-2)
ALL THAT PORTION OF SECTION 12, TOWNSHIP 30 SOUTH, RANGE 26
EAST, M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF
CALIFORNIA, BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 12; THENCE
N.01°14'lg"E. ALONG THE WEST LINE OF SECTION 12 A DISTANCE OF
t502.90 FEET; THENCE DEPARTING SAID WEST LINE, S.56°45'56"E., 806.00
FEET; THENCE S.01°14'19'W', 1069.04 FEET TO THE SOUTH LINE OF SAID
SECTION 12; THENCE N.89°19'51~N' ALONG SAID SOUTH LINE A
DISTANCE OF 683.60 FEET TO THE POINT OF BEGINNING.
CONTAINING 20.18 ACRES.
PROPOSED R-1 ZONE (FROM R-2)
ALL THAT PORTION OF SECTION 12, TOWNSHIP 30 SOUTH, RANGE 26
EAST, M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF
CALIFORNIA, BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 12;
THENCE S.89°19'51'E' ALONG THE SOUTH LINE OF SAID SECTION 12 A
DISTANCE OF 683.60 FEET TO THE POINT OF BEGINNING; THENCE
DEPARTING SAID SOUTH LINE, N.01°14'19"E-, 1069.04 FEET; THENCE
S.68o45,56'E., 1986.00 FEET TO SAID SOUTH LINE OF SECTION 12;
THENCE N.89°19'51~/V' ALONG SAID SOUTH LINE A DISTANCE OF 1684.38
FEET TO THE POINT OF BEGINNING.
CONTAINING 20.67 ACRES.
ORIGINA~
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 June , 2002 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4062 , passed by the
Bakersfield City Council at a meeting held on the 12th day of June 2002 and
entitled:
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND ZONING
MAP NO. 122-12 BY CHANGING THE ZONING FROM C-2
(REGIONAL COMMERCIAL) AND R-2 (LIMITED
MULTIPLE FAMILY DWELLING) TO AN R-1 (ONE
FAMILY DWELLING) ZONE ON 41 ACRES, THE SITE IS
GENERALLY ALONG THE NORTH SIDE OF WHITE
LANE, GENERALLY BETWEEN BUENA VISTA ROAD
AND ALLEN ROAD.
/s/PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
DEPIgTY Cit~ Clerk %~ '~J