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HomeMy WebLinkAboutORD NO 4158ORDINANCE NO. 4 I 5 8 AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 123-36 BY CHANGING THE ZONING FROM A (AGRICULTURE) TO R-2 (LIMITED MULTIPLE FAMILY DWELLING) ZONE ON 19.11 ACRES AND AN R-1 (ONE FAMILY DWELLING) ZONE ON 20 ACRES LOCATED SOUTH OF McKEE ROAD, GENERALLY BETWEEN WlBLE ROAD AND STATE HIGHWAY 99. (GPA 03-0341). (Ward 7). WHEREAS, in accordance with the procedure set forth inthe 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 ~hose certain properties being annexed to the City of Bakersfield located along the south side of McKee Road, generally between Wible Road and State Highway 99; and WHEREAS, by Resolution No. 133-03 on September 18, 2003, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve R-2 (Limited Multiple Family Dwelling) zone on 19.11 acres and an R-1 (One Family Dwelling) zone on 20 acres 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 of environmental impact and changes in zoning of the subject property from A (Agriculture) to R-2 (Limited Multiple Family Dwelling) and an 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 August 15, 2003, in accordance with CEQA; and WHEREAS, Policy No. 14 of the Conservation/Soils and Agricultural Element of the Metropolitan Bakersfield General Plan requires the City of Bakersfield to evaluate ten (10) factors when considering projects that propose to convert designated agricultural land to non-agricultural uses; and WHEREAS, the Planning Commission has evaluated the ten (10) factors provided under Policy No. 14 of the Conservation/Soils and Agricultural Element of the Metropolitan Bakersfield General Plan and finds the following: 1. Soil Quality Finding - The soil types of the project site (Kimberlina fine sandy loam, 0 to 2 percent slopes) are some of the most common soils within the Valley Floor of Kern County. The soil types are not unique or found only on the project site. Therefore, the conversion of the project site to urbanization is appropriate for the area. ORIGINAL Zone Change 03-0341 Page 2 Availability of irri(~ation water Finding - The subject site is not unique for farmland in the area in having an adequate supply of domestic water for uses proposed. Therefore, the conversion of the project site to urbanization is appropriate for the project site and area. Proximity to non-aqricultural uses Finding - The project site is located adjacent to an existing 60 acre residential subdivision with another 40 acre subdivision that has been recorded and being constructed. These subdivisions are east of the project site. Therefore, the conversion of the project site is the expansion of urban uses and appropriate for the area. Proximity to intensive Darcelization Finding - The areas east and southeast of the site are planned for residential development. Therefore, the conversion of.the project site to urbanization is appropriate for the area. Effect on properties subject to "Williamson Act" land use contracts Finding - The project site is not under Williamson Act contract. The conversion of the project site to urban development would not prohibit any adjacent agricultural land or agricultural land in the general area from growing crops or participating in the Williamson Act program. The project would not require any property in the general area under an existing Williamson Act contract to begin the notice of nonrenewal or cancellation process. Therefore, the conversion of the project site to urbanization is appropriate for the area. Ability to be provided with urban services (sewer. water, roads, etc.) Finding - The City of Bakersfield has determined that the City will be able to provide all City services to the project site. Therefore, the conversion of the project site to urbanization is appropriate for the area. Ability to affect the application of aqricultural chemicals on nearby aaricultural DroDerties Finding - In Kern County, farmers are required to obtain site-specific permits from the Kern County Agricultural Commissioner for the purchase and use of many agricultural chemicals. The Agricultural Commissioner evaluates the proposed chemical application to determine whether it is near sensitive areas such as residential areas or schools. State law requires the Agricultural Commissioner to ensure that chemical applicators take precautions to protect people and the environment. Based on this evaluation, the Agricultural Commissioner may deny the application or require specific use practices to mitigate any potential hazards. Such practices include method of application, time of day, consideration of weather conditions, and use of buffer zones. When such permit conditions are in place, they 'O ORIGINAL Zone Change 03-0341 Page 3 have the force of regulation and are strictly enforceable. The Kern County Agricultural Commissioner prohibits the aerial application of restricted chemicals within a quarter mile of any residential area or active schools. The proposal will not affect the application of agricultural chemicals for property located adjacent on the south side of the project site because that property is located within a quarter mile of an existing residential subdivision. The properties to the east of the project site do not contain agricultural land. The project site is located within a quarter mile of a number of residential homes and other uses that may restrict aerial application. Based on the requirements of the Kern County Agricultural Commissioner and the existing land uses surrounding the project site, it is unlikely the proposal itself would have any affect on the application of agricultural chemicals on nearby agricultural properties. Therefore, the conversion of the project site to urbanization is appropriate for the area. Abilitv to create a orecedent-settino situation that leads to the premature conversion of Prime a(]ricultural lands Finding - The project would not create any situation that would lead to the premature conversion of adjacent or area agricultural land. The project site is bounded by a designated Arterial on the north, designated Collectors south and east, single family residential development on the east. Each of these factors provides a buffer that would prevent the project from prematurely converting agricultural land. 9. Demonstrated prelect need Finding - The proposal is a logical expansion of residential development in the southern portion of the City of Bakersfield. The project site is adjacent to an existing and future residential area. The existing city limit line is located adjacent along the north side of the project site, and the proposal is to annex the site to the City of Bakersfield. The Metropolitan Bakersfield General Plan encourages the orderly outward expansion of new urban development that maintains continuity of existing development and allows incremental expansion of infrastructure and public services. The proposal meets the objectives and policies of the Housing Element by providing housing and locating the residential development in close proximity to commercial development that would provide services and jobs. 10. Necessity of buffers such as lower densities1 setbacks, etc Finding - The project site is bounded by an Arterial designation on the north, Collector designations on the south and east, single family residential development on the east. These factors will serve as buffers for adjacent agricultural land. Therefore, the conversion of the project site to urbanization is appropriate for the area. WHEREAS, the general plan designation for this area allows single family residential and multiple 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 C)~( Planning Commission in this matter. ORIGINAL Zone Change 03-0341 Page 4 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 responsibleagencies and property owners within 300 feet of the project site. A Negative Declaration was prepared for this project in accordance with CEQA. The public necessity, general welfare and good zoning practice justify the recommended change of zone to R-2 (Limited Multiple Family Dwelling) zone on 19.11 acres and an R-1 (One Family Dwelling) zone on 20 acres located south of McKee between Wible Road and State Highway 99. The project site, with prior approval of General Plan Amendment No. 03-0341, is designated LR (Low Density Residential) and HMR (High Medium Density Residential) on the Metropolitan Bakersfield General Plan Land Use Plan. The recommended zone change will reflect the previously adopted General Plan Amendment No. 03-0341. 8. The recommended zone change is compatible with the surrounding uses. The recommended zone change is consistent With the Metropolitan Bakersfield General Plan, subject to prior approval of General Plan Amendment No. 03-0341. 10. That the applicant by prior agreement agreed to compiy with all adopted mitigation measures contained within the Negative Declaration for this project. 11. That Zone Change No. 03-0341 is hereby approved as recommended by staff with mitigation measures adopted in the Negative Declaration. 12. 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 and to R-2 on 19.11 acres, as shown on Map No. 123-36, of that certain property being annexed to the City of Bakersfield as described in Exhibit "C" herein attached. 13. That Zone Change No. 03-0341, 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. 03-0341. 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. The Negative Declaration is hereby approved and adopted. ORIGINAL Zone Change 03-0341 Page 5 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 being annexed to 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". ' 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. 03-0341. 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. I HEREBY CERTIFY that the foregoing Ordinance was pp,~,~d and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on NtJ¥ 1 9 21103 , by the following vote: COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, ,~,A;,'C~;';, ~'~'LL~/aN. SALVAGGIO COUNCILMEMBER A BST',a~: COUNCILMEMBER ~ COUNCILMEMBER /~.,_~, CITY CLERK and Ex Officfi~ Clerk of the Council of the City of Bakersfield APPROVED NOV 19 ~,~,(~-Yo fLih eH ~ft~ o; Bakersfield/ APPROVED as to form: VIRGINIA G~INA~O City Attorney / Attachments: EXHIBIT "A" - Conditions of Approval. EXHIBIT "B" - Map. EXHIBIT "C" - Legal Description. MO:djl ORIGINAL EXHIBIT A CONDITIONS OF APPROVAL EXHIBIT A Conditions of Approval General Plan Amendment/Zone Change No. 03-0341 If human remains ara discoverad 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) and the local Native American community, shall be notified. (Mitigation Measura). According to the Cursory Air Quality Analysis for the proposal, the residential units constructed on the project site shall not have any wood burning stoves. (Mitigation Measure). If archaeological resources are encountered during the course of construction, a qualified archaeologist shall be consulted for further evaluation. (Mitigation Measure). If service requirements exceed the capability of the California Water Service Company, or if the extension of facilities is necessary, water service to the site shall be provided in accordance to Rule 15 of the State Public Utilities Commission Rules and Regulations. (Mitigation Measure). Prior to an application being deemed complete for any project on the site, provide approved, executed street right of way deeds for McKee Road and Hughes Lane to collector standards adjacent to the project site. (Public Works Condition). Prior to tentative approval of a development on or division of the project site the following shall be done, provide dedication to collector standards for McKee Road between the General Plan Amendment/Zone Change site and Wible Road. If the developer/subdivider cannot obtain the dght of way, then he/she shall post the required upfront costs for eminent domain proceedings and enter into an agraement with the City and pay all costs for obtaining the right of way. submit to the City Engineer for review and approval a sewer study to show how municipal sewer service will be provided to the entire site. The study shall provide 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. indicate easements or offers of dedication necessary to permit implementation of the study such as major sewer line alignments and lift station sites, if any. (Public Works Condition). ORIGINAL Exhibit A-1 Conditions of Approval GPNZC 03-0341 Page 2 If any new pump stations are required to provide service to any site within this application, then an economic analysis shall be submitted to the City Engineer for the operation and maintenance over the expected life of the pump station and, prior to acceptance by the City of any new pump station, a fee shall be paid to the City based on the economic analysis for the station' s operation and maintenance. (Public Works Condition). Existing canals or irrigation ditches shall be located outside of proposed street rights of way. As required by Ordinance, provide subrogation of rights of easement holders to the City prior to recording any subdivision. (Public Works Condition). The developer of the project site shall submit a comprehensive drainage study to be submitted to and approved by the City Engineer with drainage from the forty acres contained in one retention basin. Site any drainage retention facility on the periphery of the General Plan Amendment/Zone Change area to facilitate future expansion or consolidation of drainage facilities as adjacent areas develop. The study shall be approved by the City Engineer and any required retention site and necessary easements dedicated to the City. Provide soil tests for the retention site to show it will drain within the required time period and submit an easement for the ultimate retention basin site, along with necessary easements for the transportation of drainage water to the site. (Public Works Condition). 10. The entire area covered by this General Plan Amendment shall be included in the Consolidated Maintenance District. (Public Works Condition). 11. Pdor to submittal of any development plan, tentative subdivision, Site Plan Review, or application for a lot line adjustment for any portion of this GPA area, the applicant shall pay ail fees for inclusion in the Consolidated Maintenance District. (Public Works Condition). 12. It appears there is dedication for a local street off Wible Road (Parcel Map 3352) in the alignment of the south boundary of the GPNZC project site. Upon division of the property, provide a road along the south boundary of the site to facilitate circulation in the area. (Public Works Condition). 13. Development on the project site shall be subject to the Traffic Impact Fee schedule in effect at the time of issuance of building permits. (Public Works Condition). MO:djl ORIGINAL EXHIBIT B LOCATION MAP ORIGINAL ORIGINAL ~ EXHIBIT C LEGAL DESCRIPTION EXHIBIT C LEGAL DESCRZPTTON FOR ZONE CHANGE 03-0341 ZONE "A " TO ZONE "R-1' Lot 21 in Section 36, Township 30 South, Range 27 East, Mount Diablo Meridian, in the City of Bakersfield, County of Kern, State of California, as per Kern County Sales Hap No. I of the Lands of _1. B. Haggin, filed May 3, 1889 in the office of the Kern County Recorder, more particularly described as follows: Commencing at the Northwest corner of Lot 23 of said Sales Map No. 1, also being the centerline intersection of Wible Road and NcKee Road; Thence South 89°08'08'' East along the North line of said Lot 23, the North line of Lot 22 of said Sales Nap No. l, and the centerline of said McKee Road, a distance of 1982.25 feet to the Northwest corner of said Lot 21 and the point of beginning; Thence (1) continuing South 89°08'08' East along the North line of said Lot 21 and said centerline, a distance of 660.79 feet to the Northeast corner of said Lot 2:[; Thence (2) South 00°36'12' West along the East line of said Lot 21, a distance of 1320.62 feet to the Southeast corner of said Lot 21; Thence (3) North 89o05'40'' West along the South line of said Lot 21, a distance of 660.60 feet to the Southwest corner of said Lot 21; Thence (3) North 00°35'41' East along the West line of said Lot 21, a distance of 1320.15 feet to the point of beginning. Contains 20.03 acres more or less. Page 1 of 2 ORIGINAL EXHIBIT C LEGAL DESCR/PT/ON FOR ZONE CHANGE 03-0341 ZONE "4" TO ZONE "R-2" Lot 22 in Section 36, Township 30 South, Range 27 East, Mount Diablo Meridian, in the City of Bakersfield, County of Kern, State of California, as per Kern County Sales Nap No. ! of the Lands of .]. B. Haggin, filed Nay 3, !889 in the office of the Kern County Recorder, more particularly described as follows: Commencing at the Northwest corner of Lot 23 of said Sales Nap No. ]., also being the centedine intersection of Wible Road and McKee Road; Thence South 89°08'08" East along the North line of said Lot 23 and the centerline of said McKee Road, a distance of !32!.48 feet to the Northwest corner of said Lot 22 and the point of beginning; Thence (!) continuing South 89°08'08'' East along the North line of said Lot 22 and said centedine, a distance of 660.78 feet to the Northeast corner of said Lot 22; Thence (2) South 00°35'41" West along the East line of said Lot 22, a distance of 1320.15 feet to the Southeast corner of said Lot 22; Thence (3) North 89005'40" West along the South Fine of said Lot 22, a distance of 660.70 feet to the Southwest corner of said Lot 22; Thence (3) North 00°35'29'' East along the West line of said Lot 22, a distance of !319.67 feet to the point of beginning. Contains 20.02 acres more or less. Page 2 of 2 ORIGINAL 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 21st day of November , 2003 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4158 , passed by 19th dayof November 2003 the Bakersfield City Council at a meeting held on the and entitled: AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 123-36 BY CHANGING THE ZONING FROM A (AGRICULTURE) TO R-2 (LIMITED MULTIPLE FAMILY DWELLING) ZONE ON 19.11 ACRES AND AN R-1 (ONE FAMILY DWELLING) ZONE ON 20 ACRES LOCATED SOUTH OF MCKEE ROAD, GENERALLY BETWEEN WIBLE ROAD AND STATE HIGHWAY 99 (GPA 03-0341 ). (WARD 7). /s/PAMELA A. McCARTHY City Clerk of the City of Bakersfield By: ~) DEPUTY City Clerk