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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: '