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Home My WebLink AboutORD NO 4166ORDINANCE NO.~: 1 6 6 AN ORDINANCE MAKING FINDINGS, APPROVING THE NEGATIVE DECLARATION AND THE APPLICANT'S APPEAL AND AN AMENDMENT TO TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 123-20 BY CHANGING THE ZONING OF 5± ACRES FROM C-1 (NEIGHBORHOOD COMMERCIAL) TO R-1 (ONE FAMILY DWELLING) GENERALLY LOCATED ALONG THE NORTHWEST CORNER OF PROGRESS ROAD AND PANAMA LANE (ZONE CHANGE NO. 03-0764) WHEREAS, 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 public hearings on a petition to change the land use zoning of those certain properties in the City of Bakersfield generally located along the northwest corner of Progress Road and Panama Lane; and WHEREAS, Resolution No. 143-03 on October 2, 2003 the Planning Commission recommended adoption and approval of a Negative Declaration and disapproval of an ordinance amending Title 17 of the Municipal Code to change from C-1 zoning as delineated on attached Zoning Map No. 123-20 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, 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 disapproval of a change in zoning of the subject property from C-1 to R-l, and the Council has considered said findings; and WHEREAS, the Paw 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 August 4, 2003 in accordance with CEQA; and WHEREAS, the decision of the Planning Commission was appealed by Porter- Robertson on behalf of the applicant McMillan Albany, LLC; and WHEREAS, the City Council has considered and hereby makes the following findings: 1. All required notices have been given. The provisions of the California Environmental Quality Act (CEQA) have been followed. 3. The proposed project will not have a significant effect on the environment. The proposed R-1 zoning district permitting single-family dwellings is consistent with the character of existing development in the general area. 5. The proposed R-1 zoning is consistent with the policies and standards of the Metropolitan Bakersfield General Plan. The appeal of the Planning Commission decision by Porter-Robertson was duly considered. 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 minis" exemption in accordance with Section 711 of the State of California Fish and Game Code. Additionally, the assumption of adverse effect is rebutted by the above-referenced 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. All of the foregoing recitals are hereby found to be true and correct. The Mitigated Negative Declaration for Zone Change Amendment 03-0764 is hereby approved and adopted with mitigation measures as shown on Exhibit B1. The recommendation of the Planning Commission recommending disapproval of Zone Change 03-0764 is hereby denied. That the requested amendment to Section 17.06.020 (Zoning Map) of the Municipal Code of the City of Bakersfield changing the land use zoning of that certain property in said City, the boundaries of which property are shown on Zoning Map No. 123-20 marked Exhibit B2 attached hereto, and more particularly described in attached Exhibit B 3, be approved. 4. The appeal by MCMillan Albany, LLC C/O Porter-Robertson is approved. Such zone change is hereby made subject to the mitigation measures/conditions of approval listed in attached Exhibit B1 subject to approval of GPA 03-0764. 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 January 14, 2004 by the following vote: ABSTAIN: ABSENT: COUNCILMEMSER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNCILMEMBER COUNClLMEMBER ORIGINAL PAMELA A. McCARTHY, ¢~J~lC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED JAN 2 8 2004 APPROVED as to'fOrm VIRGINIA GENN~RO C,ty Atto Oey EXHIBIT~' B1 Mitigation/Conditions B2 ZC Map B3 Legal Description S:\Dole~03-0764\CC ZC Ord App.r[f. DOC ORIGINAL Planning 1. EXHIBIT B1 Mitigation/Conditions 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. If cultural resources 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. 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. Public Works This proposal will result in an overall decrease in trip generation from previously approved entitlements and therefore no additional traffic study is needed. The fee program improvements mitigate impacts of the existing densities and therefore will do so with the proposed reduced densities. The development shall be required to pay into the adopted Regional Traffic Impact Fee program. Along with submittal of any development plan, tentative subdivision map, or application for a lot line adjustment, the following shall occur: As required for Tentative Tract 6169, provide fully executed dedication for Panama Lane to arterial standards for the full frontage of the area within the GPA request. Dedications shall include sufficient widths for expanded intersections and additional areas for landscaping and slope easements as directed by the City Engineer. Submit a current title report with the dedication documents. 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. Residential development on the site will have no access to Panama Lane. Access will be from the intedor local streets in Tentative Tract 6169. 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 Consolidated Maintenance Distdct 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. ORIGINAL ZONE CHANGE 03-0764 EXHIBIT B "3" GPA/ZC #O3-O764 The east 670 feet of the south 330 feet of the Southwest Quarter of Section 20, Township 30 South, Range 27 East, M.D.M, in the City of Bakersfield, State of California. Contains 50 gross acres more or less AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) County of Kern ) PAMELA A. McCARTHY, being duly swom, 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 January , 2004 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4166, passed by the Bakersfield City Council at a meeting held on the 28th day of January, 2004 and entitled: AN ORDINANCE MAKING FINDINGS, APPROVING THE NEGATIVE DECLARATION AND THE APPLICATN'S APPEAL AND AN AMENDMENT TO TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 123-20 BY CHANGING THE ZONING OF 5_+ ACRES FROM C-1 (NEIGHBORHOOD COMMERCIAL) TO R-1 (ONE FAMILY DWELLING) GENERALLY LOCATED ALONG THE NORTHWEST CORNER OF PROGRESS ROAD AND PANAMA LANE (ZONE CHANGE NO. 03-0764) ~si PAMELA A. McCARTHY City Clerk of the City of Bakersfield DEI~LITY City Clerk ORIGINAL