HomeMy WebLinkAboutORD NO 4160OrDINaNCE NO. ~ ~ ~ 0
AN ORDINANCE AMENDING TITLE SEVENTEEN Of THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO.
124-07 BY CHANGING THE ZONING FROM M-1 (LIGHT
MANUFACTURING) TO MH (MOBILE HOME) AND
MODIFICATIONS TO ZONING ORDINANCE REQUIREMENTS
ON FIVE ACRES GENERALLY LOCATED ALONG THE SOUTH
SIDE OF WILSON ROAD, 600 FEET WEST OF UNION AVENUE
(FILE # 03-0742)
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 in the City of
Bakersfield generally located along the south side of Wilson Road, approximately 600 feet west
of Union Avenue; and
WHEREAS, by Resolution No.143-03 on October 2, 2003 the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve Zone Change 03-0742 as delineated on attached Zoning Map No.
124-07 marked Exhibit B "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, by Resolution No. 143-03 on October 2, 2003 the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve modifications to the MH (Mobile Home) Zone ordinance
requirements and this Council has fully considered the recommendations made by the Planning
Commission as set forth in those Resolutions and such modification requests are as follows:
a)
b)
Section 17.50.080 B Front Yard - Modification to the setback requirements -
the setback along Wilson Road, a collector, is 15 feet from the property line, but
as requested by the applicant the proposed setback is five feet from the property
line;
Section 17.61.030 E. Landscaping Required - Modification to the landscaping
requirements - along collector streets, the required landscaping width is eight
feet. All landscaping is required to be located on the private property;
however, the applicant is requesting approval of three feet of landscaping on
private property and five feet of landscaping located in the public right-of-
way for a total of eight feet;
and;
c)
Section 17.58E Tandem Parking - Modification of parking requirements to
allow two tandem parking spaces on each mobile home space are being
requested by the applicant;
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 M-1 and the Council ·
has considered said findings and all appear to be true and correct; and c~ ~'~'~J(¢~,."
1 ~ c.
OFI~G~NAL
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
modification of zoning ordinance requirements 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
October 2, 2003 in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows LR (Low Density
Residential), LMR (Low Medium Density Residential), HMR (High Medium Density Residential)
and SI (Service Industrial) 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.
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
Mitigated Negative Declaration was prepared for the project in accordance with
CEQA.
4. The proposed project is consistent with the surrounding land uses.
The proposed project is consistent with the Airpod Land Use
Compatibility Plan.
The proposed project is consistent with the Metropolitan Bakersfield General
Plan.
The public necessity, general welfare and good planning practices justify the
amendment to the Land Use Element of the Metropolitan Bakersfield General
Plan.
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.
ORIGINAL
as follows:
SECTION 1.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield
1. All of the foregoing recitals are hereby found to be true and correct.
2. The Mitigated Negative Declaration is hereby approved and adopted.
3. 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. 124-07
marked Exhibit B "2" attached hereto and made a part hereof, and are more specifically
described in attached Exhibit B "3 ".
4. Such zone change is hereby made subject to the mitigation measures
and conditions of approval listed in attached Exhibit B"I", subject to approval of GPA 03-0742.
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.
Exhibits (Attached) B "1" Mitigation/Conditions
B "2" Maps
B "3" Legal
R£D
S:\Dole~03~)742\CC ZC Ord DOC
September 5, 2003
ORIGIN,~J.
I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the
Council of the City of Bakersfield at a regular meeting hereof held on
by the following vote:
~ COUNCILMEMBER: CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
NOES: COUNClLMEMBER:
ABSTAIN: COUNCILMEMBER:
ABSENT: COUNCILMEMSER:
Approved:
By:
DEO ! 0 2003
CITY CLERK and Ex Officio Cler~//of the
Council of the City of Bakersfield L/
HARVEY L HALL
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By:
/'/JANICE ~CANLAN
~' Deputy City Attorney
OR/GINA~ ~
EXHIBIT B "1"
MITIGATION/CONDITIONS
General Plan Amendment/Zone Change 03-0742
Mobile Home Park
Negative Declaration/Initial Study
Planning Commission
Applicant shall dedicated an over flight easement for any and all parts of
the proposed mobile home park located within Airport Compatibility Zone
On the east and west portions of the mobile home park, more specifically the
area located east and west of the ingress/egress driveway, the chain link fence
shall be moved back five feet further than shown on the site plan.
The area between the fence and Wilson Road to be landscaped. The intent is to
meet the ordinance requirements for fence and landscaping at the west and east
property line.
Planning
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.
If cultural resoumes are unearthed during ground disturbance activities, all
work shall halt in the area of the find. A qualified professional
archaeologist shall be called in to evaluate the findings and make the
appropriate mitigation recommendations.
With submittal of a tentative map application, site plan review or grading
plan, whichever occurs first, a cultural resources field survey shall be
provided to the Planning Director.
Public
1.
Works
Access points from Wilson Road into the site shall be located directly across from
Michael Street and another from 300' to 450' west of Michael Street.
ORIGINAL
Mitigation/Conditions
GPA/ZC 03-0742
Page 2
Along with submittal of any development plan, tentative subdivision map, or
application for a lot line adjustment, the following shall occur:
Provide fully executed dedication for Wilson Road to collector 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. 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.
c. Submit verification to the City Engineer of the existing sewer system's
capability to accept the additional flows to be generated through
development under the new land use and zoning.
Development on the site shall be subject to the Traffic Impact Fee schedule in
effect at the time of issuance of building permits.
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.
The south half of Wilson Road is to be widened and improved to city standards
on the frontage. The north half of Wilson Road is to be reconstructed to city
standards for the tie into the new pavement on the south side.
S:\Dole\03~)742~Mitigation doc
ORIGINAl
ORIGINAl
EXHIBI_T B '3'
Parcel I of Parcel Map No. 5314, in (he incorporated area of Bakersfield, County of
Kern, State of California, as per Map recorded October I I, 1979 in Book 23, Page
175 of Parcel Maps, in the Office of the County Recorder of said County.
EXCEPTING THEREFROM an undivided Yz intercst in and to all oil, gas and other
hydrocarbon suhslances and minerals in and nnder said land, as reserved by Stella
~alker, et al, in Deed recorded September 30, 1946 in Ilook 1401, Page 213 of
Official I~ccords.
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 December , 2003 she posted on the Bulletin Board at
City Hall, a full, true and correct copy of the following: Ordinance No. 4160, passed by
the Bakersfield City Council at a meeting held on the 10th day of December 2003
and entitled:
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND ZONING
MAP NO. 124-07 BY CHANGING THE ZONING FROM M-
1 (LIGHT MANUFACTURING) TO MH (MOBILE HOME)
AND MODIFICATIONS TO ZONING ORDINANCE
REQUIREMENTS ON FIVE ACRES GENERALLY
LOCATED ALONG THE SOUTH SIDE OF WILSON
ROAD, 600 FEET WEST OF UNION AVENUE (FILE# 03-
0742)
Is~ PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
By: DEP~ City Clerk