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HomeMy WebLinkAboutORD NO 4129ORDINANCE "O. 4 1 ~ 9 AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO. 123-24 OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM C-1 (NEIGHBORHOOD COMMERCIAL) TO R-2 LIMITED MULTIPLE-FAMILY DWELLING) ON 1.38 ACRES GENERALLY LOCATED ALONG THE WEST SIDE OF SOUTH "H" STREET APPROXIMATELY 150 FEET SOUTH OF PACHECO ROAD. (FILE # 03-0005) WHEREAS, in accordance with the procedure set forth in the provisions of Title 17 of he Municipal Code of the City of Bakersfield, the Planning Commission held a public hearing on petition to change the land use zoning of those certain properties in the City of Bakersfield generally located West side of South "H" Street, approximately 150 feet south of Pacheco Road; and WHEREAS, by Resolution No. 54-03 on March 20, 2003, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change 03-0005 as delineated on attached Zoning Map No. 123-24 marked Exhibit "2", by this Council 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 hearing, did make several general and specific findings of fact which warranted a mitigated negative declaration of environmental impact and changes in zoning of the subject property from C-1 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 Mitigated Negative Declaration was advertised and posted on February 28, 2003, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows urban type development; and WHEREAS, the City Council has considered and hereby makes the following findings: 1. All required public notices have been given. 2. The provisions of the California Environmental Quality Act have been followed. Mitigation Measures/Conditions shown on Exhibit No. "1" are included in the project to ameliorate impacts. The proposed project is consistent with the surrounding land uses. The proposed project is consistent with the Metropolitan Bakersfield General Plan. The public necessity, general welfare and good planning practices justify the amendment to Title Seventeen of the Municipal Code and Zoning Map No. 101- 13. Based on the absence of evidence in the record as required by Section 21082.2 of the State of California Public Resources Code (CEQA) for the purpose of documenting significant effects, it is the conclusion of the Lead Agency that this project will result in impacts that fall below the threshold of significance with regard to wildlife resources and, therefore, must be granted a "de minimis" exemption in accordance with Section 711 of the Sate of California Fish and Game Code. Additionally, the assumption of adverse effect is rebutted by the above-reference absence of evidence in the record and the Lead Agency's decision to prepare a Negative Declaration for this project. SECTION 1. NOW, follows: 1. 2. 3. THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as All of the foregoing recitals are hereby found to be true and correct. The Negative Declaration is hereby approved and adopted. 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 said City, the boundaries of which property is shown on Zoning Map. No. 123-24 marked Exhibit "2" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "3 ". Such zone change is hereby made subject to the mitigation measures/conditions of approval listed in attached Exhibit "1 ", subject to approval of General Plan Amendment 05-0005. 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 ......... 2 I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by the Council of the Z~[~yU[J,t of Bakersfield at a regular meeting thereof held on J~ IN by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER COUCH, CARSON, 3;N; ;,~,M, MACGARD, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNCILMEMBER N (~ N~. COUNClLMEMBER~ PAMELA A. McCARTHY, ¢~M~C ,~ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED JUN 11 2003 Mayor of the City of Bak/ersfield APPROVED as to form BART J. THIL~/G~N City Attorney. ' / -/?- . S:\Dole\03-0005\CC OZC.DOC 3 EXHIBIT "1" MITIGATION/CONDITIONS General Plan Amendment/Zone Change 03-0005 Negative Declaration/Initial Study Planninq A qualified professional archeologist shall conduct a field survey of the entire 1.38 acre parcel in order to determine if cultural resources exist on site. 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. CONDITIONS Public Works Department 1. Along with submittal of any development plan, tentative subdivision map, or application for a lot line adjustment, the following shall occur: a. Provide fully executed dedication for South "H" Street 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. b, Construct 25' wide alley along the entire west side of property and provide dedication. Access is not allowed from "H" Street to property. Alley is to connect to South "H" Street on north side of property. c. 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. 2. Access to the arterial and collector streets will be limited and determined at time of division or development. Determination of whether a right turn lane is required at the access street(s) 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. 3. Development on the site shall be subject to the Traffic Impact Fee schedule in effect at the time of issuance of building permits. 4. 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. 5. Sewer service is required for this property. Provide a sewer study. This proposed change results in a reduction in potential trip generation than the present higher density allowed by the General Plan. No traffic impact study would be necessary. Development shall be subject to the standard Regional Impact Fee established by the fee schedule. S \Dole\03 0005\MITIGATION doc ZONE CHANGE 03-0005 EXHIBIT 2 EXHBIT "3" LEGAL DESCRIPTION - ZONE CHANGE FOR HOSSEIN! ENTERPRISES, 1NC. Parcel B of Parcel Map No. 797, in the City of Bakersfield, County of Kern, State of California, as per map recorded in Book 5 of Parcel Maps at Page 87 in the office of thc County Recorder of said County being more particularly described as follows: Commencing at the centerline intersection of Pacheco Road (County Road No. 217) and South "H" Street (County Road No. 15 & 140); Thence N. 89© 55' 11" W., along the centerline of said Pacheco Road, 184.92 feet; Thence S. 0© 04' 49" W. 195.00 feet to the northwest coruer of said Parcel B and the true point of beginning; Thence S. 89© 55' 11" E., along the nortta side of said Parcel B, 155.09 feet to the northeast corner of said Parcel B: Thence S. 0© 01' 49" W., along the cast side of said Parcel B, 460.92 feet to thc southeast comer of said Parcel B; Thence N. 89© 55' 11" W., along thc south side of said Parcel B, 155.49 feet to the southwest comer of said Parcel B; Thence N. 0° 04' 49" W., along the west side of said Parcel B, 460.92 feet to the point of beginning. Containing 71,576 square feet. Approved by: ~rench Civil Engineer AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) 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 12th day of June , 2003 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4129 , passed bythe Bakersfield City Council at a meeting held on the 11th day of June 2003 and entitled: AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO. 123-24) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM C-1 (NEIGHBORHOOD COMMERCIAL) TO R-2 (LIMITED MULTIPLE-FAMILY DWELLING) ON 1.38 ACRES GENERALLY LOCATED ALONG THE WEST SIDE OF SOUTH H STREET APPROXIMATELY 150 FEET SOUTH OF PACHECO ROAD. (03-0005) Is~ PAMELA A. McCARTHY City Clerk of the City of Bakersfield By: ~ ~- '-~ ~DEPUTY~rk