HomeMy WebLinkAboutORD NO 4133 4133
ORDINANCE NO.
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND
AMENDING SECTION 17.06.020 (ZONE MAP NO. 123-19) OF
TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE
BY CHANGING THE ZONING FROM C-1 (NEIGHBORHOOD
COMMERCIAL) TO R-1 (ONE FAMILY DWELLING) ON 11.98
ACRES LOCATED AT THE SOUTHEAST CORNER OF BUENA
VISTA ROAD AND PACHECO ROAD AND R-1 (ONE FAMILY
DWELLING) TO C-2/P.C.D. (REGIONAL COMMERCIAL/
PLANNED COMMERCIAL DEVELOPMENT) ON 13.90 ACRES
LOCATED AT THE NORTHEAST CORNER OF BUENA VISTA
ROAD AND THE ALIGNMENT OF HARRIS ROAD. (FILE# ZC
03-0009).
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 for certain property in the City of Bakersfield located
at the southeast corner of Pacheco Road and Buena Vista Road and at the northeast corner of
Buena Vista Road and the alignment of Harris Road (Exhibit "1"), and more specifically
described in Exhibit "2"; and
WHEREAS, for the above-described proposal, an Initial Study was conducted and it was
determined that the proposed project would not have a significant effect on the environment if
certain mitigation measures with respect to archaeological resources were adopted for the
project, and, therefore, a Negative Declaration with mitigation measures was prepared and
posted on February 28, 2003, in accordance with CEQA; and
WHEREAS, by Resolution No. 60-03 on March 20, 2003, the Planning Commission
recommended the adoption of an ordinance amending Title 17 of the Municipal Code to
approve ZC 03-0009 as delineated on attached Zoning Map No. 123-19, marked Exhibit "1",
and this Council has fully considered the Planning Commission's recommendation as set forth
in that Resolution; 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, the general plan designation for the project site allows R-1 (One Family
Dwelling) and C-2/P.C.D. (Regional Commercial/Planned Commercial Development)
development; and
WHEREAS, the City Council has considered and hereby makes the following findings:
1. All above recitals are true and correct.
2. The provisions of the California Environmental Quality Act have been met.
The proposed project as mitigated would not have a significant effect on the
environment.
NOW,
follows:
1.
2.
3.
The proposed project is consistent with the surrounding land uses.
The proposed project is consistent with the Metropolitan Bakersfield General
Plan.
The P.C.D. (Planned Commercial Development) zone combined with the
proposed C-2 zone is necessary for the project site located at the nodheast
corner of Buena Vista Road and the alignment of Harris Road to ensure that the
future commercial development on the project site is adequately integrated and
cohesively designed with the adjacent residential development for the purposes
of protecting the public health, safety and general welfare.
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 711.4 of the State of California
Department of 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.
The Conditions of Approval/Mitigation Measures, attached hereto as Exhibit "3",
are necessary to provide for orderly development, and the public health, welfare
and safety.
SECTION 1.
THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as
The above recitals and findings are true and correct and constitute the Findings
of the Council, incorporated herein.
The Negative Declaration with mitigation measures for Zone Change No. 03-
0009 is hereby 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 from C-1
to R-1 on 11.98 acres located at the southeast corner of Pacheco Road and
Buena Vista Road and R-1 to C-2/P.C.D. on 13.90 acres located at the northeast
corner of Buena Vista Road and the alignment of Harris Road of that certain
property in said City, the boundaries of which property is shown on Zoning Map
No. 123-19 marked Exhibit "1" attached hereto and made a part hereof, and
more specifically described in attached Exhibit "2".
That Zone Change No. 03-0009 as outlined above, is hereby subject to the
Conditions of Approval/Mitigation Measures as provided in Exhibit "3".
The Mitigation Monitoring and Reporting Checklist in Exhibit "4" is hereby
adopted.
2
The Planning Division of the Development Services Department is hereby
directed to file a Notice of Determination with the County Clerk of Kern County,
pursuant to the provisions of Section 21152 of the Public Resources Code and
Section 15094 of the CEQA Guidelines adopted pursuant thereto and a
Certificate of Fee Exemption pursuant to Section 711.4 (c)(2)(B) of the State of
California Department of Fish and Game Code.
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 June 11, 2003, by the
following vote:
AYES: COUNCIL MEMBER COUCH, CARSON, Gr';.'', '.,~,,'.'., MAGGARD, HANSON, SULLIVAN, SALVAGGIO
NOES: COUNCIL MEMBER
ABSTAIN: COUNCIL MEMBER
ABSENT: COUNCIL MEMBER _r~__..l~
APPROVED JUN 1 J 2003
PAMELA A. McCARTHY, GMC ~
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED AS TQ FORM:
BART J. THILTGEN
City Attorney
ZONE CHANGE 03-0009
C-1 TO R-1
EXHIBIT
EXHIBIT 2
ZONE CHANGE LEGAL DESCRIPTION
FROM R-1 TO C-2/P.C.D.
ALL THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 19,
TOWNSHIP 30 SOUTH, RANGE 27 EAST, M.D.M., CITY OF BAKERSFIELD,
COUNTY OF KERN, STATE OF CALIFORNIA, BEING DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER,
MARKED BY A CONCRETE MONUMENT WITH PIN IN A LAMPHOLE AS
SHOWN ON PARCEL MAP NO. 1035, FILED IN PARCEL MAP BOOK 5 AT PAGE
178 IN THE OFFICE OF THE KERN COUNTY RECORDER; THENCE
N.00°44'56"E. ALONG THE WEST LINE OF SAID NORTHWEST QUARTER, A
DISTANCE OF 778.39 FEET; THENCE
DEPARTING SAID WEST LINE, S.89°20'03"E., 778.39 FEET; THENCE
S.00°44'56"W., 778.39 FEET TO THE SOUTH LINE OF SAID NORTHWEST
QUARTER; THENCE
N.89°20'03'W. ALONG SAID SOUTH LINE, A DISTANCE OF 778.39 FEET TO
THE POINT OF BEGINNING.
CONTAINING 13.90 GROSS ACRES, AND 10.00 NET ACRES.
THE NET ACREAGE EXCLUDES THE FUTURE RIGHTS-OF-WAYS AND
EXPANDED INTERSECTION OF BUENA VISTA ROAD AND HARRIS ROAD,
AND ALSO EXCLUDES THE 100.00-FOOT WIDE RIGHT-OF-WAY OF THE
BUENA VISTA CANAL.
FROM C- 1 TO R- 1
ALL THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 19,
TOWNSHIP 30 SOUTH, RANGE 27 EAST, M.D.M., CITY OF BAKERSFIELD,
COUNTY OF KERN, STATE OF CALIFORNIA, BEING DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 19; THENCE
S.89°12'35"E. ALONG THE NORTH LINE OF SAID SECTION 19, A DISTANCE OF
604.88 FEET; THENCE
DEPARTING SAID NORTH LINE, S.00°54'5 I"W., 863.74 FEET; THENCE
N.89°04'35"W, 605.00 FEET TO THE WEST LINE OF SAID SECTION 19, ALSO
BEING THE CENTERLINE OF BUENA VISTA ROAD; THENCE
N.00°55'25"E. ALONG SAID WEST LINE OF SECTION 19, A DISTANCE OF
862.33 FEET TO THE POINT OF BEGINNING.
CONTAINING 10.00 ACRES NET, EXCLUDING EXISTING AND FUTURE ROAD
RIGHTS-OF-WAY.
2002-112/LEGALS/ANTONC-2 DOC/OCT 15, 2002/R[ V NOV. 20, 2002
EXHIBIT 3
ZONE CHANGE NO. 03-0009
CONDITIONS OF APPROVAL/MITIGATION MEASURES
2.)
3.)
4.)
5.)
6.)
The area between Harris Road and Pacheco Road is to be done in no more than
two segments per approved tentative tracts. Therefore, dependent upon the
sequence of land division or development, off-site improvement may be required.
Access on Buena Vista Road shall be limited to right-in, right-out, and perhaps
left-in and specific access locations will be determined at time of development or
division. If a full access on Buena Vista Road is desired, the developedsubdivider
shall pay for and install a traffic signal and form a maintenance district to pay for
its use and maintenance.
If the location of the existing canal creates situations where standards cannot be
met for Buena Vista Road access, then it shall either be placed underground or
relocated (outside of public road rights of way) so access locations will conform to
standards.
A landscape maintenance district shall be formed and all costs paid by the
developer/subdivider prior to site plan approval or with submittal of a land division
map or application for a lot line adjustment.
If cultural resources, either historic or prehistoric, are discovered during
development activities, the developer shall halt all work in the area of the find and
hire a qualified archaeologist to assess the resource.
The developer shall hire a qualified archaeologist to monitor any heavy equipment
earthmoving activities on the southern ten (10) net acre parcel of the project site,
located at the northeast corner of Buena Vista Road and the alignment of Harris
Road.
EXHIBIT 4
Zone Change 03-0009
Mitigation Monitoring and Reporting Checklist
Mit VERIFICATION OF COMPLIANCE
No. Monitoring and Party
Mitigation Measure Reporting Monitoring Responsible
Process Milestone for
Monitoring Initials Date Remarks
I If cultural resources, either historic or Site Plan Review/ Tentative Map/ Planning
prehistoric, are discovered during Tentative Map Site Plan Department
development activities, the developer shall Review Review
halt all work in the area of the find and hire a Approval
qualified archaeologist to assess the
resource.
2 The developer shall hire a qualified Site Plan Review/ Tentative Map/ Planning
archaeologist to monitor any heavy Tentative Map Site Plan Department
equipment earthmoving activities on the Review Review
southem ten (10) net acre parcel of the Approval
project site, located at the northeast comer of
Buena Vista Road and the alignment of
Hams Road.
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 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. 4133 , passed by the
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. 123-19) OF TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE BY CHANGING THE
ZONING FROM C-1 (NEIGHBORHOOD COMMERCIAL)
TO R-1 (ONE FAMILY DWELLING) ON 11.98 ACRES
LOCATED AT THE SOUTHEAST CORNER OF BUENA
VISTA ROAD AND PACHECO ROAD AND R-1 (ONE
FAMILY DWELLING) TO C-2/P.C.D (REGIONAL
COMMERICAL/PLANNED COMMERCIAL
DEVELOPMENT) ON 13.90 ACRES LOCATED AT THE
NORTHEAST CORNER OF BUENA VISTA ROAD AND
THE ALIGNMENT OF HARRIS ROAD (ZC03-0009)
/si PAMELA a. McCARTHY
City Clerk of the City of Bakersfield