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