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HomeMy WebLinkAboutORD NO 4173ORDINANCE NO. ~ ''~ ~1/ 3 AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 102-32 BY CHANGING THE LAND USE ZONING OF CERTAIN PROPERTY IN THE CITY OF BAKERSFIELD GENERALLY LOCATED ALONG THE SOUTHEAST CORNER OF BRIMHALL ROAD AND RIVER RANCH DRIVE FROM C-2 PCD TO R-2 PUD ON 11.99 ACRES, FROM PCD TO R-2 PUD ON 6.77 ACRES, FROM PCD TO C-O ON 4.74 ACRES, FROM PCD TO C-2 ON 13.80 ACRES AND FROM C-2 PCD TO C-2 ON 4.96 ACRES (File # 03-1178). 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 southeast corner of Brimhall Road and River Ranch Drive; and WHEREAS, by Resolution No.171-03 on December 18, 2003, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve R-2 PUD, C-O, and C-2 zoning as delineated on attached Zoning Map No. 102-32 marked Exhibit B2, 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 changes in zoning of the subject property from C-2 PCD to R-2 PUD, from PCD to R-2 PUD, from PCD to C-O, from PCD to C-2 and from C-2 PCD to C-2, 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 November 20, 2003, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows commercial, single-family, and multiple-family 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. Mitigation Measures/Conditions of Approval shown on Exhibit B1 are included in the project to ameliorate impacts. The proposed project is consistent with the surrounding land uses. ORIGINAl The proposed project is consistent with the Metropolitan Bakersfield General Plan. An Air Quality study was required for this project. 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 resoumes 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, follows: 1. 2. 3. SECTION 1. THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as All of the foregoing recitals are hereby found to be true and correct. The Mitigated Negative Declaration is hereby approved and adopted. 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. 102-32 marked Exhibit B2 attached hereto and made a part hereof, and are more specifically described in attached Exhibit B3. Such zone change is hereby made subject to the mitigation measures and conditions of approval listed in attached Exhibit B1, subject to approval of GPA 03-1178. 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 passed and adopted, by the CounI'cJJFu;4 t) lUU "°f"' J~e**4City by°ftheBakersfieldfollowing vote:ate regular meeting thereof held on ABSTAIN: ABSENT: COUNClLMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED FEB 2'5 2004 HARVEY L. HALL Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney S:\Dole\03-1178~CC ZC Ord. DOC ORIGINAL · EXHIBIT B1 MITIGATION GENERAL PLAN AMENDMENT/ZONE CHANGE 03-1178 Cultural 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 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. 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. Air Quality (Insight Environmental Consultants, Inc.) The criteria pollutant most affected by proposed mitigation measures will be PM~0. As the project will be completed in compliance with SJVAPCD Regulation VIII, dust control measured will be taken to ensure compliance specifically during Phase 2 - Construction. The mitigation measures are as follows: 1. Water exposed surfaces (soil) three-times/day; 2. Water haul roads (unpaved) three-times/day; and 3. Reduce speed on unpaved roads to under 15 miles per hour. Public Works Traffic 1. The development shall be required to pay into the adopted Regional Traffic Impact Fee fixed rate program. ORIGINAL Design The Westside Parkway will be elevated over Coffee Road, and will then slope down as it approaches the proposed GPA area. With the current zoning and land use designation (planned commercial), mitigation for noise and/or lighting impacts from the Westside Parkway is not required by either the Federal Highway Works Administration (FHWA) or the City of Bakersfield General Plan or City ordinances. However, due to the vertical and horizontal alignment of the Westside Parkway in this area and with the GPA area as a residential use, potential impacts can be expected due to both lighting (vehicle headlights and Coffee Road interchange lighting) and noise. Therefore, prior to construction of any residential units within the GPA area, the residential developer will provide measures to mitigate the noise and lighting impacts from the Westside Parkway. In determining noise impacts, the developer shall either use the noise study prepared for the Westside Parkway, or have his own noise study prepared and approved by the City. Mitigation will meet the requirements of the Federal Highway Administration and the City of Bakersfield. If mitigation consists of a barrier wall along the Westside Parkway, then the wall will be constructed within the ultimate right of way of the Westside Parkway. ORIGINAL X C~I w ZONE CHANGE 03-1178 ORIG~N EXHIBIT 2 EXHIBIT B3 ZONE ¢ ANGE Ko. / / LEGAL DE$CRIPT'~ON FROM P.¢.D. (PLANNED COMMERCIAL DEVELOPMENT) TO R-2 P.U.D. (I..[MJT'ED Mi, IL I-ZPLE FAM_rL Y DWELLING~ PLANKED llNJ'7' DEVELOPMENT) Being a portion of the East 100 acres of the Northeast quarter of Section 32, Township 29 South, Range 27 East, Mount Diablo Meridian, in the City of Bakersfield, County of Kern, State of California, more particularly described as follows: Commencing at the centerline intersection of Brimhall Road and River Ranch Drive marked by a concrete monument tagged "LS 5565" per Tract Map No. 5035 Unit 1 filed in Book 37 of Maps at Page 58 in the office of the Kern County Recorder; Thence South 00°40'41'' East along the centerline of said River Ranch Drive, a distance of 419.68 feet to the point of beginning; Thence (1) South 89°10'42'' East, distance of 492.35 feet; Thence (2) South 00°40'41'' West, a distance of 598.34 feet; Thence (3) North 89°19'19' West, a distance of 492.35 feet to the East boundary line of Tract Map No. 5035 Unit 2 filed in Book 38 of Maps at Page 49 in the office of the Kern County Recorder and a point on the southerly prolongation of the centerline of said River Ranch Drive; Thence (4) North 00°40'41" East along said East boundary line, said southerly prolongation and said centerline, a distance of 599.57 feet to the point of beginning. Contains 6.77 acres more or less. ORIGINAL EXHIBIT B3 ZONE CHANGE No. 05- :LZ 78 LEGAL DE$CRZP17'ON FROH C-2 P.C.D. (REGIONAL COllfHERC. ML, PLANNED COHHERCblL DEVELOPhlENTJ TO C-2 (REG.rONAL COI~llI,IERCZAL) Being a portion of the East 100 acres of the Northeast quarter of Section 32, Township 29 South, Range 27 East, rvlount Diablo Meridian, in the City of Bakersfield, County of Kern, State of California, more particularly described as follows: Commencing at the centerline intersection of Brimhall Road and River Ranch Drive marked by a concrete monument tagged "LS 5565" per Tract Map No. 5035 Unit i filed in Book 37 of Maps at Page 58 in the office of the Kern County Recorder; Thence South 89010'42'' East along the centerline of said Bdmhall Road, a distance of 954.10 feet to a point on the West line of the East 701.50 feet of said Northeast quarter of Section 32; Thence South 00°40'20'' West along said West line, a distance of 1335.34 feet to the point of beginning; Thence (1) continuing South 00°40'20'' West along said West line, a distance of 286.87 feet to the North line of the described in document recorded in Book 4838 at Page 838 of Official Records in the office of the Kern County Recorder; Thence along said North line the following three courses: (2) South 59005'42'' West, a distance of 158.40 feet; (3) South 57°28'14'' West, a distance of 275.34 feet; (4) South 55032'58'' West, a distance of 118.11 feet; Thence (5) North 00°40'41" East, a distance of 739.59 feet; Thence (6) South 89°19'19'' East, a distance of 104.10 feet; Thence (7) South 00°40'41" West, a distance of 151.00 feet; Thence (8) South 89°19'19'' East, a distance of 357.78 feet to the point of beginning. Contains 4.96 acres more or less. ORIGINAL EXHIBIT B3 ZONE CHANGE No. 03-1178 LEGAL DESCRIPTION FROM C-2 P.C.D. (REGIONAL COMMERCIAI~, PLANNED COMMERCIAL DEVELOPMENT) TO R-2 P.U.D. (LIMI'/'ED MIlL T%PLE FAMILY DWELL~N~ PLANNED UNIT DEVELOPMENT) Being a portion of the East 100 acres of the Northeast quarter of Section 32, Township 29 South, Range 27 East, Mount Diablo Meridian, in the City of Bakersfield, County of Kern, State of California, more particularly described as follows: Commencing at the centerline intersection of Brimhall Road and River Ranch Drive marked by a concrete monument tagged "LS 5565" per Tract Map No. 5035 Unit 1 filed in Book 37 of Maps at Page 58 in the office of the Kern County Recorder; Thence South 00°40'41'' East along the centerline of said River Ranch Drive and the East boundary line of Tract Map No. 5035 Unit 2 filed in Book 38 of Maps at Page 49 in the office of the Kern County Recorder, a distance of 1019.25 feet to the point of beginning; Thence (1) South 89°19'19'' East, a distance of 492.35 feet; Thence (2) South 00°40'41'' West, a distance of 906.95 feet to the North line of the land described in document recorded in Book 4838 at Page 838 of Official Records in the office of the Kern County Recorder; Thence along the North line of said Cross Valley Canal the following two courses: (3) South 54°22'19'' West, a distance of 237.66 feet; (4) South 66°49'20' West, a distance of 328.93 feet to a point on the southerly prolongation of the East boundary line of said Tract Map No. 5035 Unit 1; Thence (5) North 00°40'41'' East along said southerly prolongation, said East boundary line and the East boundary line of said Tract Map No. 5035 Unit 2, a distance of 1180.70 feet to the point of beginning. Contains 11.99 acres more or less. ORIGINAL EXHIBIT B3 ZONE CHANGE No. O ~ -// LEGAL DE$¢R, IPTION FROH P.¢.D. (PLANNED ¢OHHER¢.EAL DEVELOPHENT) TO ¢-.2 (REG_rONAL ¢OHHER¢.E,4L ) Being a portion of the East 100 acres of the Northeast quarter of Section 32, Township 29 South, Range 27 East, Mount Diablo Meridian, in the City of Bakersfield, County of Kern, State of California, more particularly described as follows: Commencing at the centerline intersection of Brirnhall Road and River Ranch Drive marked by a concrete monument tagged "LS 5565" per Tract Map No. 5035 Unit I filed in Book 37 of Haps at Page 58 in the office of the Kern County Recorder; Thence South 89°10'42'' East along the centerline of said Brimhall Road, a distance of 492.35 feet to the point of beginning; Thence (1) continuing South 89010'42'' East along said centerline, a distance of 461.75 feet to a point on the West line of the East 701.50 feet of said Northeast quarter of Section 32; Thence (2) South 00040'20'' West along said West line, a distance of 1335.34 feet; Thence (3) North 89°19'19'' West, a distance of 357.78 feet; Thence (4) North 00°40'41'' East, a distance of 151.00 feet; Thence (5) North 89°19'19'' West, a distance of 104.10 feet; Thence (6) North 00°40'41'' East, a distance of 1185.50 feet to the point of beginning. Contains 13.80 acres more or less. ORIGINAL Thence (1) Thence (2) Thence (3) Thence (4) EXHIBIT B3 zone ¢X,4,VGE No. & LEGAL DESCRIPTION FROH P.C.D. (PLANNED COHHERCZAL OEVELOPHENT) TO C-O (PROFESSIONAL AND ADHIN.rSTRA T'I1/E OFFICE ZONE) Being a portion of the East 100 acres of the Northeast quarter of Section 32, Township 29 South, Range 27 East, Mount Diablo Meridian, in the City of Bakersfield, County of Kern, State of California, more particularly described as follows: Beginning at the centerline intersection of Brimhall Road and River Ranch Drive marked by a concrete monument tagged "LS 5565" per Tract Map No. 5035 Unit i filed in Book 37 of Maps at Page 58 in the office of the Kern County Recorder; South 89°10'42' East along the centerline of said Brimhall Road, a distance of 492.35 feet; South 00°40'41'' West, a distance of 419.68 feet; North 89°10'42' West, a distance of 492.35 feet to the centerline of said River Ranch Drive; North 00°40'41' East along said River Ranch Drive, a distance of 419.68 feet to the point of beginning. Contains 4.74 acres more or less. AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) SS, County of Kem ) 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 26th day of February , 2004 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4173, passed by the Bakersfield City Council at a meeting held on the 25th day of February, 2004 and entitled: AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIAPL CODE AND ZONING MAP NO. 102-32 BY CHANGING THE LAND USE ZONING OF CERTAIN PROPERTY IN THE CITY OF BAKERSFIELD GENERALLY LOCATED ALONG THE SOUTHEAST CORNER OF BRIMHALL ROAD AND RIVER RANCH DRIVE FROM C-2 PCD TO R-2 PUD ON 11.99 ACRES, FROM PCD TO R-2 PUD ON 6.77 ACRES FROM PCD TO C-O ON 4.74 ACRES, FROM PCD TO C-2 ON 13.80 ACRES AND FROM C-2 PCD TO C-2 ON 4.96 ACRES (FILE# 03-1178) /s/PAMELA A. McCARTHY City Clerk of the City of Bakersfield DEPI.[TY City Clerk ORIGINAL