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Home My WebLink AboutORD NO 4125 41 5 ORDiNANC£ NO. __ ORDINANCE ADOPTING A NEGATIVE DECLARATION, APPROVING THE APPEAL OF THE ZONE CHANGE AND APPROVING AN AMENDMENT TO SECTION 17.06.020 AND ZONING MAP NO. 123-22 OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE APPROVING THE REQUESTED ZONING FROM R-2 (LIMITED MULTIPLE- FAMILY DWELLING)TO C-2 (REGIONAL COMMERCIAL) ON 15.43 NET ACRES GENERALLY LOCATED ALONG THE NORTHWEST CORNER OF STINE ROAD AND PANAMA LANE (FILE # 02-0641) WHEREAS, on March 20, 2003, the Planning Commission received a request for General Plan Amendment/Zone Change 02-0641 for certain property in the City of Bakersfield generally located along the northwest corner of Stine Road and Panama Lane; and WHEREAS, on March 20, 2003, the Planning Commission conducted a public hearing on General Plan Amendment 02-0641 and by a two to two tie vote, General Plan Amendment 02-0641 was denied by "operation of law", and because of such denial, the Planning Commission did not conduct a public hearing on Zone Change 02-0641; and WHEREAS, on March 25, 2003, an appeal of General Plan Amendment/Zone Change 02-0641 was filed, on behalf of the applicant, by Milazzo Associates; and WHEREAS, on May 14, 2003, in accordance with the procedure set forth in the provisions of Title 17 of the Municipal Code of the City of Bakersfield, the City Council held a public hearing to considered an appeal of Zone Change 02-0641 amending Title 17 of the Municipal Code to approve C-2 zoning as delineated on attached Zoning Map No. 123-22 marked Exhibit "2" by this Council, and this Council has fully considered the recommendations made by the Planning Commission as set forth in Planning Commission General Plan Amendment Resolution No. 56-03 and the "denial by operation of law" of Zone Change 02-0641; and WHEREAS, the City Council, as a result of said hearing, did make several general and specific findings of fact which warranted a negative declaration of environmental impact and a change in zoning of the subject property from R-2 to C-2; 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 and this Council; and WHEREAS, a Mitigated Negative Declaration was advertised and posted on February 14, 2003, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows urban type development; and WHEREAS, the proposed Zone Change 02-0641 is consistent with the Metropolitan Bakersfield General Plan because of the project parcel's geometrics, size, access to two arterials and the fact the project is separated by a canal from the adjacent uses; and WHEREAS, the City Council has considered and hereby makes the following findings: All required public notices have been given. The provisions of the California Environmental Quality Act have been followed. The proposed project will not have a significant effect on the environment. Mitigation Measures 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. 7. 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. NOW, THEREFORE, BE IT RESOLVED and found by the Council of the City of Bakersfield as follows: 1. The above recitals and findings incorporated herein, are true and correct. The Negative Declaration for General Plan Amendment 02-0641 is hereby approved and adopted. The report of the Planning Commission, including maps and all reports and papers relevant thereto, transmitted by the Secretary of the Planning Commission to the City Council, is hereby received, accepted and approved. The City Council hereby approves this ordinance adopting a Mitigated Negative Declaration, approving the appeal of Zone Change 02-0641 and approving Zone Change 02-0641, an amendment to Section 17.06.020 and Zoning Map No. 123- 22 of Title Seventeen of the Bakersfield Municipal Code approving the requested zoning from R-2 (Limited Multiple-Family Dwelling) to C-2 (Regional Commercial) as shown on the map marked Exhibit "2", attached hereto and incorporated as though fully set forth, generally located along the northwest corner of Stine Road and Panama Lane, and more specifically described in attached Exhibit "3 ". 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 ~IAY 2 8 ~0(33 by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO COUNClLMEMBER ~ COUNClLMEMBER COUNClLMEMBER PAMELA A. McCARTHY, CMC-//] CITY CLERK and Ex Officio Cl~'rk of the Council of the City of Bakersfield APPROVED MAY 28 2003 APPROVED as to form BART J. THILTGEN City Attorney~ S:\Dole\02-0641\CC ZC Deny Res. DOC 3 EXHIBIT "1" MITIGATION General Plan Amendment/Zone Change 02-0641 Planning 1. Archaeological - Given the sensitivity of the area we (Southern San Joaquin Valley Information Center, CSUB) recommend that the entire parcel be field surveyed by a qualified professional archaeologist to determine if cultural resources exist there. No project activities should be commenced until the survey has been completed and a report has been submitted to our (Southern San Joaquin Valley Information Center, CSUB) office for processing. 2. 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. 3. Transportation and Traffic - comply with traffic impact mitigation as shown in TRAFFIC STUDY FOR GENERAL PLAN AMENDMENT AND ZONE CHANGE AT STINE ROAD AND PANAMA LANE FOR MILAZZO & ASSOCIATES, RUETTGERS & SCHULER CIVIL ENGINEERS: 2002. (See Mitigation, Exhibit 1). 4. The discovery of any oil, gas or injection wells on the subject site shall immediately be reported to the State of California, Department Of Conservation, Division Of Oil, Gas and Geothermal Resources. Such wells may require remedial mitigation. EXHIBIT "1" (cont.) Future Street Improvements and Local Mitigation Percentages Improvements not covered Project % Share ~ Intersection Total Improvements by RTIF for Local Required by 2023 (Local Mitigation) Mitigation White Lanc at SBL. I SBR, I WBL, I WBR, I EBL. SBL, I SBR, I WBL, 0.5% Stinc Road EBR I WBR~ I EBL, I EBR 3[strict Boulevard at NBL 2 1.69% Stine Road Pacheco Road at SBL I SBL 3 1.74% Stine Road Harris Road at Stine I SBL, I SBR, I NBR. I EBL, 1 EBR, I EBL, I EBR 4 3.27% Road I WBL, I WBT, I WBR INSTALL SIGNAL- I EBL, I EBT, 1 NBL, I NBT, 2 SBL, Panama Lane at SBR 5 I EBR, I WBL, I WBR~ I NBL, I NBT. 1.63% Gosford Road 2 SBL, I SBR INSTALL SIGNAL- I WBL, I EBT, Panama Lane at 6 I EBR (NB LANES WILL BE BUILT 3.58% Reliance Drive WIT~I ADJACENT DEVELOPMENT) Panama Lane at INSTALL SIGNAL I SBR. I NBL, 7 2.54% Ashe Road t NBR, I WBL, I WBIL I EBT, I EBR Panama Lane at I NBT, I NBR 8 7.79% Stine Road Panama Lane at 2 SBT, 1 NBL, I NBT, I WBL, I EBT 2 SBT, 1 NBT 10 1.2% Wible Road Panama Lane at 99 [ SBR, I WBR, I EBR I SBR 1.14% I1 SB Off Ramp (3.37%) l~l~hire Road at INSTALL SIGNAL- 1 SBL, I NBL 13 8.72% Stine Road INSTALL SIGNAL- I SBL, I SBR, I EBL, I EBR 14 Hoskiag Road at 1 NBL, 1 NBR, I WBL, I WBR, I EBL, 4.15% Stine Road I EBR (%) Caltrans Percent Share NB = North Bound SB = South Bound WB = West Bound EB = East Bound L -- Left Turn Lane T = Through Lane R = Right Turn Lane EXHIBIT "1" (cont.) ZONE CHANGE 02-0641 R-2 C-2 C-2 EXHIBIT 2- _. U T30S, R27E EXHIBIT "3" LEGAL DESCRIPTION Parcel 3 of Parcel Map 9918, in the City of Bakersfield, County of Kern, State of California, according to the Map recorded November 5, 1993 in Book 45, Page 188 of Parcel Maps, in the Office of the County Recorder of said County. 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 29th day of May , 2003 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4125 , passed by the Bakersfield City Council at a meeting held on the 28th day of May 2003 and entitled: ORDINANCE ADOPTING A NEGATIVE DECLARATION, APPROVING THE APPEAL OF THE ZONE CHANGE AND APPROVING AN AMENDMENT TO SECTION 17.06.020 AND ZONING MAP NO. 123-22 OF TITLE SEVENTEEN OF THE BAKERSFEILD MUNICIPAL CODE APPROVING THE REQUESTED ZONING FROM R-2 (LIMITED MULTIPLE-FAMILY DWELLING) TO C-2 (REGIONAL COMMERCIAL) ON 15.43 NET ACRES GENERALLY LOCATED ALONG THE NORTHWEST CORNER OF STINE ROAD AND PANAMA LANE (02-0641). /s/PAMELA A. McCARTHY City Clerk of the City of Bakersfield By: · DEPUT~ C~