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HomeMy WebLinkAboutORD NO 4175ORDINANCE NO. 4: 1_ ~ 5 AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 104-18 BY CHANGING THE ZONING FROM MH (MOBILE HOME) TO R-1 (ONE-FAMILY DWELLING) ON 81.50 ACRES GENERALLY LOCATED ALONG THE EAST SIDE OF MORNING DRIVE APPROXIMATELY 300 FEET NORTH OF STATE ROUTE-178) (FILE # 03-1190) 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 east side of Morning Drive approximately 300 feet north of State Route- 178; and WHEREAS, by Resolution No. 178-03 on December 18, 2003, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve R-1 zoning as delineated on attached Zoning Map No. 104-18 marked Exhibit B2 and more thoroughly described on Exhibit B3, 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 mitigated negative declaration of environmental impact and changes in zoning of the subject property from MH to R-1 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 13, 2003, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows residential, commercial and resource (Mineral and Petroleum) 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. 3. The proposed project will not have a significant effect on the environment. ORIGINAL 4. Mitigation Measures/Conditions of Approval shown on Exhibit B1 are included in the project to ameliorate impacts. 5. The proposed project is consistent with the surrounding land uses. 6. The proposed project is consistent with the Metropolitan Bakersfield General Plan. Public safety, 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. 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. 2. 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. 104-18 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/ conditions of approval listed in attached Exhibit B1 and subject to approval of GPA 03-1190. 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. ORIGINAL I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by the Council of tbeA4City of Bakersfield at a regular meeting thereof held on ~: ~.B ~ ,5 ~.UU by the following vote: ABSTAIN: ABSENT: COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO COUNClLMEMBER COUNCILMEMBER COUNCILMEMBER PAMELA A. McCARTHY;, CMC ~ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED FEB 2' 5 2004 Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney Exhibits: B1 Mitigation/Conditions B2 ZC Map B3 Legal Description S:\Dole\03-1190\CC ZC Ord. DOC ORIGINAL EXHIBIT B1 MITIGATION/CONDITIONS General Plan Amendment/Zone Change 03-1190 Negative Declaration/Initial Study Planning Planninq 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 amhaeologist 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. Interior Noise Exposure (Acoustical Analysis, Tentative Tract No. 5982, Bakersfield, California) Interior noise levels will satisfy City standards with the following recommendations: 1. Mechanical ventilation or air conditioning should be installed so windows and doors may remain closed to provide for the necessary acoustical insulation. 2. Windows shall be carefully installed, sealed and caulked so that there are no openings between the window assembly and wall. 3. Exterior doors, excluding glass doors, shall be solid-core wood with perimeter weather stripping and threshold seals. Biota (Biota Report, Tract 5982, 80 Acres +, S1/2, SW1/4, Sec 18, T29S, R29E, MDN, Bakersfield, California) Since kit fox are known to exist in the general area, it is recommended that all construction personnel be instructed to be on the lookout for kit fox sign during earth disturbance phases of construction. Any evidence, such as dens, shall be avoided and reported to the reviewing agencies for resolution. ORIGINAL Air Quality (Air Quality Analysis, Tentative Tract 5982, Kern Highland Partners, LP) Short-Term Project Emissions, Phase 2-Construction Mitigation 1. Sidewalks and/or pedestrian paths will be provided. 2. Street lighting will be provided. 3. Pedestrian signals will be provided where necessary. 4. Unpaved roads will be watered a minimum of 3 times a day. 5. Speed will be reduced to less than 15 miles per hour on all unpaved roads. PMlo Mitigation 1, Water exposed surfaces (soil) three times per day. Water all haul roads (unpaved) three times per day. Reduce speed on unpaved roads to under 15 miles per hour. Public Works Include the following with submittal of any application for a land division, lot line adjustment, or development plan: a. fully executed dedication for Morning Drive to arterial standards along the westerly side of the site. Submit a current title report with the dedication documents. b. the right of way reservation necessary for the State Route 178/Morning Drive interchange. c. dependent upon the option selected for the State Route 178/Morning Drive interchange, right of way for the Auburn Street realignment. d. a circulation plan showing how this site will be affected by the easterly extension of Panorama Drive from Morning Drive. e. the proposed disposition of the existing County Road 912 (old Morning Drive alignment) which traverses the site in a southwesterly to northeasterly alignment. 2. Development on or division of the site shall take into consideration the existence and location of the Northeast Sewer Trunkline so that it will be within proposed roadways or improved public areas and not located within lots or other private areas. ORIGINAL Upon development or division of this site, provision shall be made for access as approved by the City Engineer through this site to the adjacent area to the south. Upon development or division of the site, additional dedication for and construction of a right turn lane will be required on Morning Drive at the entrance to the development or subdivision. 5. This area is within the boundaries of the Breckenridge Planned Drainage Area (PDA). Development and construction of drainage facilities shall be in conformance with the approved PDA. Payment of landscaped median island fees for the Morning Drive frontage are required but may be paid prior to recordation of any map or approval of improvement plans. 7. 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. ORIGINAL ZONE CHANGE 03-1190 L E ~ ~JT, ~2 ZONING MAP 104 -18 EXHIBIT B 3 ZC 03-1190 LEGAL THE SOUTH ItALF OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 29 SOUTH, RANGE, 29 EAST, MOUNT DIABLO MERIDIAN, IN TIlE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, AS PER THE OFFICIAL PLAT THEREOF ON FILE IN THE OFFICE OF THE SURVEYOR GENERAL. ORIGINAl. AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) SS. County of Kern ) Hall, a full, true and correct copy of the following: Ordinance No. Bakersfield City Council at a meeting held on the 25th day of entitled: 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 4175, passed by the February, 2004 and AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 104-18 BY CHANGING THE ZONING FROM MH (MOBILE HOME) TO R-I (ONE-FAMILY DWELLING) ON 81.50 ACRES GENERALLY LOCATED ALONG THE EAST SIDE OF MORNING DRIVE APPROXIMATELY 300 FEET NORTH OF STATE ROUTE-178 (FILE# 03-1190) /s/PAMELA A. McCARTHY City Clerk of the City of Bakersfield DEP~¢ City Clerk ORIGINAL