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HomeMy WebLinkAboutORD NO 4189ORDINANCE NO. ~ ~ 8 9 AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO. 123-26) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM FROM R-1 (ONE FAMILY DWELLING) TO R-I/CH (ONE FAMILY DWELLING- CHURCH) ON 7.28-+ ACRES, LOCATED SOUTH OF PANAMA LANE, EAST OF STINE ROAD, NORTH OF THE ARVIN- EDISON CANAL (ZC 03-1540). (FILE #03-1540) 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 south of Panama Lane, east of Stine Road, north of the Arvin- Edison Canal as shown on Exhibit "B"; and WHEREAS, by Resolution No. 28-04 on April 1, 2004 the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve the zone change from R-1 (One Family Dwelling) to R-l/CH (One Family Dwelling- Church) as delineated on attached Zoning Map No. 123-26 marked Exhibit "C", 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 R-1 (One Family Dwelling) to R-l/CH (One Family Dwelling- Church) and the Council has considered said findings and ail 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 Negative Declaration was advertised and posted on March 5, 2004, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows development of a church facility; and WHEREAS, the City Council has considered and hereby makes the following findings: 1. All required public notices have been given The provisions of the California Environmental Quality Act (CEQA) have been followed as follows: In accordance with adopted guidelines of the San Joaquin Valley Air Pollution Control District, the agency with jurisdiction over the affected resource, the project's impacts to air qualityfall below the thresholds of significance. ORIGINAt. b. There are no significant impacts which are peculiar to this project or parcel which were not considered in the General Plan EIR. There are no significant impacts which are peculiar to this project which were not analyzed in the EIR prepared for the adopted General Plan. There are no potentially significant off-site impacts and cumulative impacts which were not discussed in the EIR prepared for the General Plan. Mitigation measures have been incorporated into the project and agreed to by the applicant to adddress potential impacts on cultural resources. None of the requirements for a subsequent EIR or negative declaration pursuant to CEQA section 21166 or CEQA Guidelines sections 15162 and 15163 are present. The proposed zone change will not cause new significant environmental impacts that were not previously discussed in the General Plan EIR or an increase in severity of previously discussed impacts. No major revisions are necessary to the previously adopted General Plan. Accordingly, the City finds that adoption of the Negative Declaration is appropriate and that no subsequent or supplemental EIR is necessary. The public necessity, general welfare and good zoning practice justify the requested change of zone from an R-1 (One Family Dwelling) to an R-l-CH (One Family Dwelling - Church) zone. Based on the 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, and the mitigation measures proposed to address impacts on biological resources, 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 711.4 of the State of California Fish and Game Code. Additionally, the assumption of adverse effect is rebutted by the above- referenced evidence and the conclusion of the Final Environmental Impact Report that the implementation of the proposed mitigation measures would reduce project and cumulative impacts on biological resources to a level that is less than significant. SECTION 1. as follows: NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield 1. All of the foregoing recitals are hereby found to be true and correct. 2. The Negative Declaration is hereby approved and adopted. 3. 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 prop~e,~t~,~E.,~_, 2 ~- ORIGINAL said City, the boundaries of which property is shown on Zoning Map. No. 123-26 marked Exhibit "B" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "D" subject to the Conditions of Approval contained in Exhibit "A". 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. ......... O00 ......... the I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by C~:~il[ ~f~.~:~e City of Bakersfield at a regular meeting thereof held on by the following vote: NOES: ABSTAIN: ABSENT: COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO COUNClLMEMBER ~n~C.~ COUNClLMEMBER ~O~ COUNCILMEMBER hO~© PAMELA A. McCARTHY, (~C CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield DAVID R. COUCH Vice Mayor City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney Exhibits: A. Conditions of Approval B. Location Map C. Zone Map D. Legal Description LP/S:~Zone Change\03-1540\CC~ord 3 OR GI~4~L Maria Mojica - exA.doc Page 1 EXHIBIT AA" ZONE CHANGE 03-1540 CONDITIONS OF APPROVAL/MITIGATION MEASURES Conditions of ADDrOVal Public Works Depadment The block wall along the back of the project shall be constructed in its entirety with the first phase of construction. Construct Stine Road full half width for the frontage in no more than 2 phases. With the first building permit, construct Stine Road for at least % the frontage. The remaining frontage of Stine Road shall be constructed with the phase 2 building. The project shall pay its proportionate share of the cost for the future construction of the landscaped median in Stine Road. Payment shall be for the full width of the land being subdivided. Along with submittal of any development plan, tentative subdivision map, or application for a lot line adjustment, the following shall occur: a. Provide fully executed dedication for Stine Road to arterial standards for the full frontages of the area within the GPA request. Dedications shall include areas for landscaping as directed by the City Engineer. Submit a current title report with the dedication documents. If the developer/subdivider cannot obtain the right of way, then he shall post the required upfrent costs for eminent domain proceedings and enter into an agreement with the City and pay all costs for obtaining the right of way. b. Submit verification to the City Engineer of the existing sewer system's capability to accept the additional flows to be generated through development under the new land use and zoning. Access to the arterial street will be limited and determined at time of division or development. A full access opening will only be considered if the developer funds and installs a traffic signal at the site entrance. Said signal will only be permitted if a signal synchronization study is submitted and approved, which shows progression is not adversely affected. Development on the site shall be subject to the Traffic Impact Fee schedule in effect at the time of issuance of building permits. The entire area covered by this Zone Change 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. Submit a comprehensive drainage study to be submitted to and approved by the City Engineer. Provide soil tests for the retention site to show it will drain within the required time period and submit the necessar~ flowage easements for the transportation of street drainage to the site. Maria Mojica - exA.do¢ Page 2 ZC 03-1540 Exhibit AA@ Page 2 Planninq Department A 25 foot building setback shall be maintained between any structure or playing field and an existing residence. I0 Prior to issuance of a building permit, the subdivider shall construct a 6 foot high chain link fence, in accordance with City of Bakersfield Subdivision and Engineering Design Manual Standard D - 12 (aka S-10) including concrete curb, and approved by the City Engineer adjacent to the canal as measured from highest adjacent grade, along the common property line. The concrete curb may be waived subject to Planning Director approval. The canal fence may not be bonded or secured Requirement based on a finding to provide for the public health, safety and welfare. Mitiqation Measures ]1 If during construction activities or ground disturbance, cultural resources are uncovered, the subdivider shall stop work and retain a qualified archeologist for further study. Subdivider shall notify the proper authorities and be subject to any mitigation measures required of the archeologist Recommendation contained in archaeological clearance letter provided by Robert E. Parr, RPA, dated December 2003. LP/ S:~ZoneChangelO$-15401CC~exA.doc W 3N1.1.$ ZONE CHANGE 03-1540 ZONING MAP 1~3I ~ ORIGINAL EXHIBIT D As recorded in the Records of Kern County Assessor The legal description of Assessor's Parcel No. 515-031-02-005 Property No 536-2954 Owned by: Ridge View Family Worship Center 4705 New Horizon #10 Bakersfield, CA, 93313 Escrow 4956 Title Order No. 210637 The undersigned Licensed Land Surveyor declares and describes the following real property, as described in Corporation Grant Deed recorded on October 3, 2001 as Document Number 0201146092 of Official Records, County of Kern. The Southwest Quarter of the Northwest Quarter of the Northwest Quarter of Section 26, Township 30 South, Range 27 East, Mount Diablo Meridian, 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. Excepting therefrom the southerly 135 feet as disclosed by a Final Order of Condemnation recorded November 30, 1966 in Book 3999, Page 601, of Official Records. Also excepting therefrom an undivided % of all oil, gas, minerals and other hydrocarbon substances within or underlying said land as reserved by Rich Keyzer and wife, in deed recorded June 1, 1945 in Book 1239, Page 441 of Official Records. Subject to easements, rights, rights-of-way, reservations, conditions, restrictions, covenants and taxes and assessments of record or enforceable in law or equity. William T. Hurdle Date Professional Land Surveyor California No. LS 5453 AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) SS. County of Kern ) PAMELA A. McCARTHY, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 27th day of May, 2004 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4189, passed by the Bakersfield City Council at a meeting held on the 26th day of May, 2004 and entitled: AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO. 123-26) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM R-I (ONE-FAMILY DWELLING) TO R- l/CH (ONE FAMILY DWELLING-CHURCH) ON 7.28_+ ACRES, LOCATED SOUTH OF PANAMA LANE, EAST OF STINE ROAD, NORTH OF THE ARVIN-EDISON CANAL (ZC 03-1540). (FILE #03-1540). Is/PAMELA A. McCARTHY City Clerk of the City of Bakersfield v D~:PUTY~City Clerk