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