HomeMy WebLinkAboutORD NO 4109ORDINANCE NO.
4109
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 101-34
BY CHANGING THE ZONING FROM A (AGRICULTURE) TO R-1
(ONE FAMILY DWELLING) ZONE ON 20 ACRES LOCATED AT
THE NORTHWEST CORNER OF STOCKDALE HIGHWAY AND
RENFRO ROAD. (GPA 02-0939) (Ward 4).
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 being annexed to the City of
Bakersfield located at the northwest corner of Stockdale Highway and Renfro Road.
WHEREAS, by Resolution No. 12-03 on January 16, 2003, the Planning Commission
recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to
approve an R-1 (One Family Dwelling) zone as delineated on attached map marked Exhibit"B", 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 hearings, 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 A (Agriculture) to R-1 (One Family Dwelling)
zone 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 for the proposal was advertised and posted on
November 15, 2002, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows single family residential
development; and
WHEREAS, the City Council has considered and hereby makes the following findings:
The above recitals and findings are true and correct and constitute the findings of the
Planning Commission 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 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.
9.
10.
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12.
13.
14.
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
recommended change of zone to R-1 (One Family Dwelling) zone on 20 acres
located at the northwest corner of Stockdale Highway and Renfro Road.
The project site, with prior approval of General Plan Amendment No. 02-0939, is
designated LR (Low Density Residential) on the Metropolitan Bakersfield 2010
General Plan Land Use Plan.
The recommended zone change will reflect the previously adopted General Plan
Amendment No. 02-0939.
The recommended zone change is compatible with the surrounding uses.
The recommended zone change is consistent with the Metropolitan Bakersfield 2010
General Plan, subject to prior approval of General Plan Amendment No. 02-0939.
That the applicant by prior agreement agreed to comply with all adopted mitigation
measures contained within the Negative Declaration for this project.
That Zone Change No. 02-0939 is hereby approved as recommended by staffwith
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 R-1 (One Family Dwelling)
zone on 20 acres on Map No. 101-34, of that certain property in the City of
Bakersfield as described in Exhibit "C" herein attached.
That Zone Change No. 02-0939, as outlined above, is hereby recommended for
approval with mitigation and conditions of approval shown on Exhibit "A", subject to
prior approval of General Plan Amendment No. 02-0939.
SECTION 1.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows:
1. 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 the City, the boundaries of which property is shown on the map marked
Exhibit "B" attached hereto and made a part hereof, and are more specifically
described in attached Exhibit "C".
4. Such zone change is hereby made subject to the conditions of approval listed in
attached Exhibit "A", and subject to prior approval of General Plan Amendment No.
02-0609.
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.
......... 000 ........
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 F'£B P. 6 2003 , by the following
vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER ~
COUNCILMEMBER ~
COUNCILMEMBER /~4'~-~
PAMELA A. McCARTHY, CMC//
CITY CLERK and Ex Officio Clei'k of the
Council of the City of Bakersfield
APPROVED FEB 2
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
BART THILTGEN
City Attorney
By · ·
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S:\GPA 4th Qtr 2002\02-0939\Resolutions\Ord, ZC,cc.doc
EXHIBIT A
Conditions of Approval
EXHIBIT A
Conditions of Approval
General Plan Amendment/Zone Change No. 02-0939
Cultural Resources:
If human remains are discovered at any time on 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. 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).
Public Works:
Prior to an application being deemed complete for land division, development, boundary
adjustment, or other approval for the GPA/ZC site, the following shall be completed to the
satisfaction of the City Engineer:
Submit a comprehensive drainage study to be submitted to and approved by the City
Engineer. Site any drainage retention facility on the periphery of the GPA area to
facilitate future expansion or consolidation of drainage facilities as adjacent area
develops. The study shall be approved and any required retention site and necessary
easements dedicated to the City.
Submit verification to the City Engineer of the existing sewer system capability to accept
the additional flows to be generated through development under the new land use and
zoning.
Provide fully executed dedication for Stockdale Highway Avenue and Renfro Road to
arterial standards for the full frontages of the area within the GPA request. Dedications
shall include sufficient widths for expanded intersections and additional areas for
landscaping as directed by the City Engineer. Submit a current title report with the
dedication documents.
Each lot within the entire subdivision shall pay its proportionate share of the major
improvements.
Access to the arterial street will be limited and determined at time of division or development.
Determination of whether a right turn lane is required at the access points (streets or drives)will
also be made at the time of division or development. A full access opening will only be
considered if the developer funds and installs a traffic signal at the site entrance. Said signal will
only be permitted if a signal synchronization study is submitted and approved, which shows
progression is not adversely affected.
Exhibit A
Conditions of Approval
GPA/ZC 02-0939
Page 2
If irrigation lines or ditches will be within the ultimate street rights of way, then the applicant shall
relocate and/or pipe the existing irrigation canals or ditches. An irrigation line will not be allowed
in the road right-of-way, but must be located outside the right-of-way.
Payment of median fees for the frontage of the property within the GPA request. These fees
may be paid prior to recordation of any map or approval of improvement plans.
Development on the site shall be subject to the Traffic Impact Fee schedule in effect at the time
of issuance of building permits.
The entire area covered by this General plan Amendment shall be included in the Consolidated
Maintenance District. The applicant shall pay all fees for inclusion in the Consolidate
Maintenance District with submittal of any development plan, tentative subdivision map, Site
Plan Review, or application for a lot line adjustment for any portion of this GPA area.
No detailed traffic study is required.
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EXHIBIT B
Location Map
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EXHIBIT C
Legal Description
Parcel B of Parcel Map Waiver No. 741, as per Certificate of Compliance recorded June 18,
1986 in Book 5885, Page 914 of Official Records, in the unincorporated area of the
County of Kern, State of California, more particularly described as follows:
The south 1/2 of the southeast 1/4 of the southeast 1/4 of Section 34, Township 29
South, Range 26 East, Mount Diablo Meridian in the Unincorporated area, County of Kern,
State of California.
Except an undivided 4-0% interest in and to all oil, gas, minerals and other hydrocarbon
substances within or underlying said land as reserved by Franco Western Oil Company, a
Delaware corporation in deed recorded September 21, 1955 in Book 2665, Page 581, of
Official Records.
(Note: The interest of said Franco Western Oil Company now vests in Aera Energ,~ LLC, a
California Limited Liability Company.)
Also except an undivided 2/25th of all oil, gas, minerals and other hydrocarbon substances
within or underlying said land as reserved by Atlantic Oil Company, a California
Corporation in deed recorded April 30, 1959 in Book 3124, Page 174, of Official Records.
(Note: The interest in said 2/25th interest still remains in Atlantic Oil Company)
Also except all remaining oil, gas, minerals and other hydrocarbon substances within or
underlying said land, or that may be produced and saved therefrom, providing however,
Grantor, his successors and assigns shall not conduct drilling or other operations upon the
surface of said land, but nothing herein contained shall be deemed to prevent the Grantor,
his successors and assigns, from extracting or capturing said minerals by drilling on
~diacer't or neighboring lands and/or from conducting subsurface drilling operations under
said land at a depth of 500 feet below the surface of said land, so as not to disturb the
surface of said land or any improvements thereon, as reserved by Dolph M. Snyder Jr. and
Louise Snyder husband and wife in deed recorded July 28, 1986 as Document No.
011386 of Official Records.
Assessor's Parcel No: 408-020-16-00-5
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
)
County of Kern )
Hall, a full, true and correct copy of the following: Ordinance No.
Bakersfield City Council at a meeting held on the 26th day of
entitled:
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 27th day of February , 2003 she posted on the Bulletin Board at City
4109 , passed by the
February 2003 and
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND ZONING
MAP NO. 101-34 BY CHANGING THE ZONING FROM A
(AGRICULTURE) TO R-1 (ONE FAMILY DWELLING)
ZONE ON 20 ACRES LOCATED AT THE NORTHWEST
CORNER OF STOCKDALE HIGHWAY AND RENFRO
ROAD (GPA 02-0939).
/s/PAMELA A. McCARTHY
City Clerk of the City of Bakersfield