HomeMy WebLinkAboutORD NO 4063ORDINANCE NO. 4 0 6 3
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO.
101-13 BY CHANGING THE ZONING FROM A
(AGRICULTURE) TO R-1 (ONE FAMILY DWELLING) ZONE ON
40 ACRES, THE SITE IS LOCATED NORTHEAST OF NORIEGA
ROAD AND ALLEN ROAD. (GPA # P01-0822) (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, located northeast of Noriega Road and
Allen Road; and
WHEREAS, by Resolution No. 23-02 on April 4, 2002, the Planning Commission
recommended approval and adoption of an ordinance amending Title 17 of the Bakersfield
Municipal Code to approve R-1 (One Family Dwelling) zone as delineated on attached Zoning Map
No. 101-13 marked Exhibit "2", to this Council and this Council has fully considered the
recommendations made by the Planning Commission as set forth in that Resolution; 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 in accordance with CEQA; and
WHEREAS, the site is in the process of being annexed to the City of Bakersfield; and
WHEREAS, the general plan designation for this area allows residential development,
subject to prior approval of General Plan Amendment No. P01~0822 as recommended by the
Planning Commission; and
WHEREAS, the City Council has considered the project proposal and hereby makes the
following findings:
1. All above recitals are true and correct.
All required notices have been given.
The provisions of the California Environmental Quality Act (CEQA) have be(~'~ ~A~Ego~
followed. ~ r~
~R~GINAL
10.
11.
12.
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 the Negative Declaration for Zone Change No. P01-0822 is recommended for
approval by the Planning Commission 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 project site is in the process of being annexed to the City of Bakersfield.
The public necessity, general welfare and good zoning practice justify the
recommended change of zone to R-1 (One Family Dwelling) zone on 38 acres
located northeast of Noriega Road and Alien Road.
The project site, with prior approval of General Plan Amendment No. P01-0822 as
recommended by the Planning Commission and approved by the City Council, is
designated LR (Low Density Residential) on the Metropolitan Bakersfield 2010
General Plan Land Use Plan.
That Zone Change No. P01-0822 will reflect the previously adopted General Plan
Amendment No. P01~0822.
The zone change is compatible with the surrounding uses and is consistent with the
Metropolitan Bakersfield 2010 General Plan, subject to prior approval of General
Plan Amendment No. P01-0822.
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 from A (Agriculture) to R-1 (One Family Dwelling)
zone on 38 acres located at the northeast corner of Noriega Road and Allen Road.
as follows:
1.
SECTION I.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield
The above recitals and findings are true and correct and constitute the findings of
the City Council in this matter.
All required notices have been given.
2
. ~l~lGINAL
6.
7.
8.
10.
11.
12.
13.
14.
15.
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
for a proposed Negative Declaration was prepared and sent to responsible agencies
and property owners within 300 feet of the project site. 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.
That the project site is in the process of being annexed to the City of Bakersfield.
The public necessity, general welfare and good zoning practice justify the
recommended change of zone to R-1 (One Family Dwelling) zone on 38 acres
located at the northeast corner of Noriega Road and Allen Road.
The site, with prior approval of General Plan Amendment No. P01-0822, is
designated LR (Low Density Residential) on the Metropolitan Bakersfield 2010
General Plan Land Use Plan.
Zone Change No. P01-0822 will reflect the previously adopted General Plan
Amendment No. P01-0822 and intent of the Planning Commission's discussion at
the April 4, 2002, public hearing.
The zone change is compatible with the surrounding uses.
The zone change is consistent with the Metropolitan Bakersfield 2010 General Plan,
subject to prior approval of General Plan Amendment No. P01-0822.
That Zone Change PO1-0822 is hereby approved to R-1 (One Family Dwelling) with
mitigation measures adopted in the Negative Declaration.
That Section 17.06.020 (Zoning Map) of the Municipal Code of the City of
Bakersfield be amended by changing the land use zoning from A (Agriculture) to
R-1 (One Family Dwelling) zone on 38 acres as shown on Map No. 101-13
attached hereto as Exhibit "2", of that certain property in said City or being annexed
to the City of Bakersfield as described in Exhibit "3" attached hereto.
That Zone Change No. P01-0822, 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. P01-0822.
ORI(~INAL
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.
......... o00 .........
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
JL[N 1 ~ ?.OOZ , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCiLMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
COUNClLMEMBER ~
COUNCILMEMBER ~
COUNCILMEMBER
CITY CLERK and Ex Officio Cle,~ of the
Council of the City of Bakersfield"
APPROVED JUN 1 2 2002
APPROVED AS TO FORM:
BART J. THILTGEN
City
MO:djl
SAGPA 1st Qtr 2002~P01-0822\ResoP, cc ,Ord ZC.wpd
April 15, 2002
4
'?)~IIGINAt
EXHIBIT 1
Conditions of Approval
General Plan Amendment/Zone Change No. P01-0822
Archaeological Resources:
There are no recorded cultural resources with the project site, and it is not known
if resources exist there. There are two recorded cultural resources within a one-mile
radius of the project site. Therefore, prior to ground disturbance, a qualified
professional archaeologist shall conduct a field survey of the entire 40-acre parcel
of land. Any recommendations from the qualified archaeologist shall be preformed
prior to construction. (Mitigation Measure)
Cultural Resources:
If any human remains are discovered, all work shall stop until the Kern County
Coroner has been notified and has evaluated the remains. If any other
archaeological artifacts are discovered during site development, all work shall stop
until the find has been evaluated by a qualified archaeologist or historian.
(Mitigation Measure)
Water Resources:
The property owner shall enter into a Tract Agreement with Vaughn Water
Company to provide for, among other things, payment for all costs connected with
supplying the Tract with water. The property owner shall advise the Vaughn Water
Company in ample time prior for the Tract Agreement execution. Pursuant to the
Tract Agreement, the property owner's contractor, which shall be approved by the
Vaughn Water Company, shall under no conditions may construction begin until the
Tract Agreement is fully executed and the property owner has met the conditions
specified in said Tract Agreement. (Mitigation Measure)
As specified in the Tract Agreement, a licensed civil engineer which is acceptable
to the Vaughn Water Company would, on behalf of the property owner, prepare the
water plans and specifications. After those plans and specifications have been
approved by the Vaughn Water Company's engineer and general manager, they
shall be subject to further review and modification if construction is not commenced
pursuant to the Tract agreement within six months of approval of the plans and
specifications. (Mitigation Measure)
~),qlGINAL
Exhibit 1
GPA/ZC P01-0822
Conditions of Approval
Page 2
The property owner shall construct the following Technical Considerations as
follows:
Technical Considerations:
a. The existing 12" main line on Noriega Road shall be
extended west of the Tract boundary.
b. The existing 12" main line an Allen Road shall be
extended north on Allen Road to the south Tract
boundary.
c. The final piping design through the Tract will be sized to
meet fire flows to the north side of the Tract and
beyond.
(Mitigation Measure)
Public Works:
All development or subdivisions within the project area shall be to City of Bakersfield
requirements and to City ordinances, standards and policies. (Condition).
Unless otherwise indicated, this site shall be subject to those applicable requirements
of General Plan Amendment #3-94, Segment 5, and Zone Change 5580, as shown on
Ordinance No. 5620 approving the zone change. (Condition).
Oil Well Requirements:
The Department of Conservation, Division of Oil, Gas and Geothermal Resources
(Division) recommends that the abandonment of"Tenneco-Quintana-Hageman" 13 oil
well meet the Division's requirements and standards for abandonment. The abandoned
well will not need to be exposed and tested for leakage at this time. However, should
further development is planned for the site that will result in the construction of a
structure within fifty feet of the well, the Division must be contacted to investigate the
condition of the wellhead and check for leakage. Remedial operation my be required
at that time, at developers expense.
S:\GPA 1st Qtr 2002\P01-0822~Admin SR\Cond App.wpd
EXHIBIT 2
LOCATION MAP
ZONE CHANGE P01-0822
I ^ I I
A
REIHA I~OAO
13 .n.,~C~A ROAD
T298, P,26E
T298, R27E
EXHIBIT 3
Legal Description
Zone Change P01-0822
A parcel of land being a portion of the west V2 of Section 13, Township 29 south, Range 26 east,
M.D.M., County of Kern, State of California, more particularly described as follows:
Commencing at the monumented west 1/4 corner of said Section 13 also being the point of
intersection of the lines of Allen Road (Co. Rd. No. 67) and Noriega Road (Co. Rd. No. 715), said
west 1/4 corner being calculated as 2,335,745.129 feet North and 6,220,299.827 feet East per
California Coordinate System (N.A.D. 83), Zone 5;
Thence S 89° 13' 54" E, along the east/west mid-section line of said Section 13, a distance of 648.89
feet to meet the northwest corner of Lot 23 of "Sales Map of Lands of Kern County Land Cornpany"
per map filed for record November 24, 1891, in the Office of the Kern County Recorder, said corner
also being on the existing corporate boundary line of the City of Bakersfield;
Thence S 00° 46~ 47" W, along the west line of said Lot 23 and said corporate boundary line, 30.00
feet to meet the south right of way line of Noriega Road (Co. Rd. No. 715), also being the TRUE
POINT OF BEGINNING;
Thence (1) N 89° 13' 54" W, along said south right of way line, 618.86 feet to meet the east right of
way line of Allen Road (Co. Rd. No. 67);
Thence (2) N 00° 42' 48.2" E, along said east right of way line, 30.00 feet to meet the center line of
Noriega Road (Co. Rd. No. 715);
Thence (3) N 00° 43' 02.5" E, along the east right of way line of Allen Road, 1316.83 feet to meet
the no,ch line of Lot 9 of said "Sales Map of Lands of Kern County Land Company", said point also
being on the existing corporate boundary line of the City of Bakersfield;
Thence easterly, southerly and westerly, along said corporate boundary line, following courses (4)
through (7):
Thence (4) S 89° 15' 10" E, along the north line of Lots 9 and 10 of said "Sales Map", 1281.89 feet
to the northeast corner of said Lot 10;
Thence (5) S 00° 48' 58" W, along the east line of said Lot 10, a distance of 1287.30 feet to meet the
north right of way line of Noriega Road (Co. Rd. No. 715);
Thence (6) N 89° 13'.54H W, along said north right of way line, 660.75 feet to meet the west line of
aald Lot 10;
Exhibit 3
Legal Description
Zone Change P01-0822
Page 2
Thence (7) S 00° 46' 47" W, along the west line, of said Lots 10 and 23, a distance of 60.00 feet to
the TRUE POINT OF BEGINNING.
All exclusive of road right of way.
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. 4063 , 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. 101-13 BY CHANGING THE ZONING FROM A
(AGRICULTURE) TO R-1 (ONE FAMILY DWELLING)
ZONE ON 40 ACRES, THE SITE IS LOCATED
NORTHEAST OF NORIEGA ROAD AND ALLEN ROAD.
/s/PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
By: '