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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 MO:djl S:\GPA 1st Qtr2002\P01-1018\Resol\cc , OrdZC.wpd 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. MO:dJl S:~GPA 1st Qb' 2002~P01-1018~dmin SR~Cond App.wpd 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