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Home My WebLink AboutORD NO 4143ORDINANCE NO. 4 1 4 3 AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 123-25 BY CHANGING THE ZONING FROM A-20A (AGRICULTURE-20 ACRES MINIMUM) TO AN R-1 (ONE FAMILY DWELLING) ZONE ON 20 ACRES, LOCATED NORTH OF HOSKING AVENUE, GENERALLY BETWEEN WIBLE ROAD AND STATE ROUTE 99. (GPA 03-0418). (Ward 7). 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 north of Hosking Avenue, generally between Wible Road and State Route 99. WHEREAS, by Resolution No. 103-03 on June 19, 2003, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve 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 hearing, did make several general and specific findings of fact, which warranted a Negative Declaration and changes in zoning of the subject property from A-20A (Agriculture-20 acres minimum) 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 May 9, 2003, 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 owne~,~ within 300 feet of the project site. A Negative Declaration was prepared fo?'this ' '~ project in accordance with CEQA. ~ ~ 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 north of Hosking Avenue, generally between Wible Road and State Route 99. The project site, with prior approval of General Plan Amendment No. 03-0418, is designated LR (Low Density Residential) on the Metropolitan Bakersfield General Plan Land Use Plan. The recommended zone change will reflect the previously adopted General Plan Amendment No. 03-0418. 9. The recommended zone change is compatible with the surrounding uses. 10. The recommended zone change is consistent with the Metropolitan Bakersfield General Plan, subject to prior approval of General Plan Amendment No. 03-0418. 11. That the applicant by prior agreement agreed to comply with all adopted mitigation measures contained within the Negative Declaration for this project. 12. That Zone Change No. 03-0418 is hereby approved as recommended by staffwith mitigation measures adopted in the Negative Declaration. 13. 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. 123-25, of that certain property in the City of Bakersfield as described in Exhibit "C" herein attached. 14. That Zone Change No. 03-0418, 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. 03-0418. 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. Section 17.06.020 (Zoning Map) of the Municipal Code of the City of Bakersfield is hereby amended by changing the land use zoning of that certain property in the City, the boundaries of which is shown on the map marked Exhibit "B" attached hereto and made a part hereof, and is more specifically described in attached Exhibit "C". Such zone change is hereby made subject to the conditions of approval listed in OR~GINA~ attached Exhibit "A", and subject to prior approval of General Plan Amendment No. 03-0418. 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 AUG P. ? 2003 , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNClLMEMBER COUCH, CARSON, BENHAM,~, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER .~J COUNCILMEMBER COUNCILMEMBER rY~ CITY CLERK and Ex Officio ~'~erk of the Council of the City of Bakersfl~d APPROVED AUG 27 2003 HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED as t~orm: City Atto e/y' Attachments: EXHIBIT "A" - Conditions of Approval. EXHIBIT "B" - Map. EXHIBIT "C" - Legal Description. MO:djl S:\GPA ;'nd Qtr 2003\03-0418\Resolutions~ozc-cc.doc 3 EXHIBIT "A" Conditions of Approval General Plan Amendment/Zone Change No. 03-0418 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). The developer shall pay the statutory fees authorized under Education Code Section 17620 and Government Code Sections 65995 et seq. (all as amended with an operative date of November 4, 1998) at the time that building permits are issued. With submittal of a land division or Lot Line Adjustment application, provide dedication of Hosking Road to collector standards, including expanded intersections. 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. Provide an easement for the ultimate retention basin site, along with necessary easements for the transportation of drainage water to the site. Submit verification to the City Engineer of the existing sewer systems capability to accept the additional flows to be generated through development under the new land use and zoning. 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. Access to 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. Development on the site be subject to the Phase II Regional Traffic Impact Fee. 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. June 24, 2003 MO:djl S:\GPA 2nd Qtr 2003\03-0418~A SR\Condition Exh A.doc EXHIBIT "B" Map C-2 C-2 CITY OF BAKERSFIELD ZONING MAP 123-25 SEC 25 T 305 R. 27E LEGEND EXHIBIT "C" Legal Description Zone Change 03-0418 Legal Description THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 30 SOUTH, RANGE 27 EAST, M.D.M., IN THE INCORPORATED AREA OF THE CITY OF BAKERSFIELD OF THE COUNTY OF KERN, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING LOT 28 OF "KERN COUNTY" SALES MAP NO. 1 OF LANDS OF J. B. HAGGIN IN THE UNINCORPORATED AREA, COUNTY OF KERN, STATE OF CALIFORNIA, AS EVIDENCED BY THAT CERTAIN CERTIFICATE RECORDED MAY 3, 1889, IN OFFICE OF THE COUNTY RECORDER OF SAiD COUNTY. CONTAINING 19.57 ACRES MORE OR LESS. 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 28th day of Auqust , 2003 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4143 , passed by the Bakersfield City Council at a meeting held on the 27th day of Auqust 2003 and entitled: AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 123-25 BY CHANGING THE ZONING FROM A- 20A (AGRICULTURE-20 ACRES MINIMUM) TO AN R-1 (ONE FAMILY DWELLING) ZONE ON 20 ACRES, LOCATED NORTH OF HOSKING AVENUE, GENERALLY BETWEEN WIBLE ROAD AND STATE ROUTE 99. /s/PAMELAA. McCARTHY City Clerk of the City of Bakersfield