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Home My WebLink AboutRES NO 144-93RESOLUTION NO. 1 4 4 - 9 3 A RESOLUTION SETTING FORTH THE DECISION OF THE CITY COUNCIL ON THE APPEAL FOR ZONE CHANGE NO. 5415 LOCATED NORTH OF HIGHWAY 178 AND EAST OF THE NORTHERLY EXTENSION OF MIRAMONTE DRIVE. 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 north of Highway 178 and east of the northerly extension of Miramonte Drive; and WHEREAS, by Resolution No. 41-93 on June 3, 1993, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve a zone change of the subject property from an A (Agriculture) zone to an R-1 (One Family Dwelling) zone as delineated on attached Zoning Map No. 104-11 marked Exhibit "A", by this Council and this Council has fully considered the findings 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 an A (Agriculture) zone to an R-1 (One Family Dwelling) zone and the Council has considered said findings and all appear to be true and correct; and WHEREAS, an appeal of the Planning Commission decision on Zone Change No. 5415 was submitted to the City Council by Landtech Investment Corporation, appealing the Planning Commission's Condition Nos. 6 and 7 of the Conditions of Approval for the subject zone change; and WHEREAS, the City Clerk did set a public hearing for WEDNESDAY, SEPTEMBER 8, 1993, to consider the appeal; and WHEREAS, the appeal was heard by the City Council at a public hearing on September 8, 1993; and WHEREAS, the indemnification required by Condition No. 6 is a policy required for all such applications, and Condition No. 7 is a mitigation of potentially significant impacts on school facilities and is the basis for finding no impacts to schools; and ORIGINAL 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, the Planning Commission and this Council; and WHEREAS, a Negative Declaration was advertised and posted on May 11, 1993, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows Low Density Residential 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 California Environmental Quality Act (CEQA) have been met through the preparation of an initial study and a negative declaration which indicate no significant environmental impact will occur as a result of the proposed zone change. 3. That the proposed Zone Change No. 5415 is consistent with the Metropolitan Bakersfield 2010 General Plan. WHEREAS, the City Council has determined after due consideration of said petition and the recommendations of the Planning Commission herein on file, together with the reasons advanced at the hearing for changes in zoning of said properties, that the zone changes should be authorized. NOW, THEREFORE, BE IT RESOLVED 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 Negative Declaration is hereby approved and adopted. 3. The recommendation of the Planning Commission to approve the zone change subject to all of the conditions of approval is hereby upheld. 2 ORIGINAL I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on $£P 0 $ l~,q~ , by the following vote: AYES: COUNCILMEMBERS ~ EDWARDS, DeMOND, SMITH, BRUNNI, ROWI. ES, SALVAGGIO NOES: COUNCILMEMBERS .I~oNE:. ABSTAIN: COUNCiLMEMBERS ABSENT: COUNCILMEMBERS CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED $£P 0 S 1~ BOB PRICE/ MAYOR of the City of Bakersfield APPROVED as to form: LAWRENCE M. LUNARDINI CITY ATTORNEY of the City of Bakersfield MO:pjt August 26, 1993 res\o5415.cc 3 ORIGINAL m CITY OF BAKERSFIELD ZONING MAP SEC II T ~9~ LEGEND EXHIBIT "B" Legal Description Zone Change No. 5415 FROM AN A (AGRICULTURE) ZONE TO AN R-1 (ONE FAMILY DWELLING) ZONE: All that portion of Section 11, Township 29 South, Range 29 East, M.D.B.&M., in the City of Bakersfield, County of Kern, State of California, as per the Official Plat thereof on file in the Office of the Surveyor General, lying northerly of Highway 178, described as follows: Commencing at the southwest corner of Section 11, Township 29 south, Ranch 29 east, M.D.B.&M., in the County of Kern, State of California; THENCE north 00o25'38" west on and along the westerly line of said Section 11, a distance of 55.22 feet to the northerly line of State Highway 178 and the True Point of Beginning; THENCE continuing north 00°25'38" west on and along said westerly line of Section 11, a distance of 1,454.58 feet; THENCE south 70014'40" THENCE south 62°19'09" THENCE south 41033'37" THENCE south 35°38'06" THENCE north 69°17'25" THENCE south 77°52'34" THENCE south 40°59'53" THENCE south 69°17'25" THENCE south 20°42'35" THENCE south 69°17'25" east, 21.47 feet; east, 164.94 feet; east, 559.95 feet; east, 154 feet; east, 355.70 feet; east, 282.20 feet; east, 338.01 feet; west, 716.88 feet; east, 85.00 feet; west, 862.20 feet, more or less to the True Point of Beginning. Contains 23.03 acres. p:5415.ec ORIGINAL (Prepared- DR) EXHIBIT "C" Conditions of Approval Zone Change No. 5415 Recommended Mitigation Measures o In order to mitigate the impacts of any natural to urban land conversion on the San Joaquin kit fox (a State and Federally-listed Endangered Species), the applicant must, prior to ground disturbance, follow the Advisory Notice, detailing the Interim Mitigation Measures established for the Metropolitan Bakersfield Habitat Conservation Plan. Potential kit fox dens on the project site shall be identified by a kit fox clearance survey and be carefully excavated under the supervision of a qualified biologist prior to grading and construction operations, in accordance with the provisions of the Metropolitan Bakersfield Habitat Conservation Plan and the state and federal guidelines. Surveys for the Blunt-Nosed Leopard Lizard shall be conducted prior to ground disturbance according to the California Depastment of Fish and Game guidelines in order to determine if the lizard is present. If the lizard is found, the applicant shall provide authorization to proceed from CDFG to the City Planning Department. All material excavated or graded shall be sufficiently watered to prevent excessive amount of dust. Watering will occur at least twice a day with complete coverage, preferably in the late morning and after work is done for the day. All material transported off-site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. The applicant shall enter into an agreement with the city to indemnify and defend it against a challenge to any action of the city upon the application. Prior to the issuance of a building permit within the project area, $3.366 per square foot of assessable space shall be paid for the purpose of providing school facilities. p:5415.ea ORIGINAL (Prepared- DR)