HomeMy WebLinkAboutORD NO 4190ORDINANCE NO. 4 ],' 9 0
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND
APPROVING THE PROPOSED AMENDMENT TO SECTION
17.06.020 (ZONE MAP NO. 103-13) OF TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE TO CHANGE THE
ZONING OF CERTAIN PROPERTY IN THE CITY OF
BAKERSFIELD FROM R-1 (ONE FAMILY DWELLING) TO R-2-
CH (LIMITED MULTIPLE-FAMILY DWELLING-CHURCH) ON
29.56 ACRES LOCATED ADJACENT ON THE SOUTH SIDE OF
PALADINO DRIVE, APPROXIMATELY A QUARTER MILE WEST
OF MORNING DRIVE, AND UPHOLDING THE APPEAL OF THE
DEVELOPMENT SERVICES DIRECTOR. (FILE# ZC 03-1545).
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 for certain property in the City of Bakersfield located
adjacent on the south side of Paladino Drive, approximately a quarter mile west of Morning
Drive (Exhibit "A"), and more specifically described in Exhibit "B"; and
WHEREAS, for the above-described proposal, an Initial Study was conducted and it was
determined that the proposed project would not have a significant effect on the environment,
and, therefore, a Negative Declaration was prepared and posted on February 27, 2004, in
accordance with CEQA; and
WHEREAS, the law and regulations relating to the preparation and adoption of Negative
Declarations, as set forth in CEQA and the City of Bakersfield's CEQA Implementation
Procedures, have been duly followed by city staff, the Planning Commission, and this Council;
and
WHEREAS, in response to concerns from adjacent property owners, the Planning
Commission adopted a condition of approval to limit the number of R-2 (Limited Multiple-Family
Dwelling) residential dwelling units to 213 unless an air quality impact study is prepared for
future development; and
WHEREAS, the City of Bakersfield Development Services Director appealed the subject
condition of approval for the following reasons: 1 .) The restriction is discriminatory regarding the
development rights enjoyed by other property owners of R-2 zoned properties, 2.) The
restriction sets a threshold requirement for an air quality study at a different level from that of
the San Joaquin Valley Air Pollution Control District and a level different than other developers
must respect, and 3.) The restriction presents ambiguity and difficulty in the administration of
the City's Zoning Ordinance by interjecting an arbitrary standard for development that may be in
conflict with a standard already adopted for development of R-2 properties; and
WHEREAS, by Resolution No. 20-04 on March 18, 2004, the Planning Commission
approved the adoption of an ordinance amending Title 17 of the Municipal Code to approve
Zone Change No. 03-1545 as delineated on attached Zoning Map No. 103-13, marked Exhibit
"A", respectively, and this Council has fully considered the Planning Commission's
recommendation as set forth in that Resolution; and
ORIGINAl
WHEREAS, the City Council has considered and hereby makes the following findings:
1. All above recitals are true and correct.
2. The provisions of the California Environmental Quality Act have been met.
The proposed project would not have a significant effect on the
environment.
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 711.4 of the State of California
Department of 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:
The above recitals and findings are true and correct and constitute the Findings
of the Council, incorporated herein.
2. The appeal by the Development Services Director is hereby upheld.
3. The Negative Declaration for Zone Change No. 03-1545 is hereby adopted.
The proposed amendment to Section 17.06.020 (Zoning Map) of the Municipal
Code of the City of Bakersfield be and the same to change the land use zoning
from R-1 (One Family Dwelling) to R-2-CH (Limited Multiple-Family Dwelling-
Church) on 29.56 acres located adjacent on the south side of Paladino Drive,
approximately a quarter mile west of Morning Drive (File# ZC 03-1545) of that
certain property in said City, the boundaries of which property is shown on
Zoning Map No. 103-13, marked Exhibit "A", respectively, attached hereto and
made a part hereof, and more specifically described in attached Exhibit "B", with
conditions of approval as proposed in Exhibit "C", is hereby approved and
adopted.
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 .........
2
ORIGINAL
I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the
Council of the City of Bakersfield at a regular meeting thereof held on May 26, 2004, by the
following vote:
~ COUNCIL MEMBER BENHAM, CARSON, COUCH, HANSON, MAGGARD, SALVAGGIO, SULLIVAN
NOES: COUNCIL MEMBER ~,.)O r~ ¢_~
ABSTAIN: COUNCIL MEMBER ~C'rt'~-
ABSENT: COUNCIL MEMBER I~.D(~ ~-~
APPROVED~y ~ 6 Z004
DAVID R. COUCH
VICE-MAYOR
PAMELA A. McCARTHY, c~c
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
Exhibits Attached:
Exhibit A - Zone Change Map
Exhibit B - Legal Description
Exhibit C - Conditions of Approval
EXHIBIT A
ZONE CHANGE 03-1545
EXHIBIT B
LEGAL DESCR~PT'[ON
FOR
ZO~E C, GE ~0. 03--1545
Being a portion of the East half of Section 13, Township 29 South, Range 28 East,
Mount Diablo Meridian, in the City of Bakersfield, County of Kern, State of California,
more pa~cularly described as follows:
Beginning at the North quarter corner of said Section 13;
Thence (1)
NorIJ~ 89042'59" Fast along the North line of said Sec'don 13, a distance
of 1038.86 feet to a point on the seutheastedy line of a triangular shaped
easement in favor of Southern California Edison Company per document
recorded May 24, 1950 in Book 1689 at Page 259 of Offidal Records in
the omce of the Kern County Recorder;
Thence (2)
Sout~ 03°11'25" West alor~j t~e said southeasterly line, a distance of
818.92 feet to a point on the East line of an easement in favor of
SoutJ~em Coflifomia Edison Company per document recorded May 19,
1926 in Book 123 at Page 494 of Offidal Records in the office of the Kern
County Recorder;
Thence (3)
South 00005'32" East along said East line, a distance of 896.88 feet to a
point on the North line of Parcel "1~' of Lot Line Adjusb.ent No. P01-O460
per Certificate of Compliance recorded as Document No. 0201086687 of
Official Records in the office of the Kern County Recorder;
Thence (4)
North 48°5~'16" West along the Nor~ line of said Parcel "~' and Parcel
~"of said Lot Une Adjustment No. P01-0460, a distance of 1319.10 feet
to a point on t~e West line of the East half of said ~e~on 13;
Thenee (5) North 00°02'33" West along said West line, a cF~3nce of 842.32 feet to
the point of beginning.
Contains 29.56 acres more or less.
L.S. 5332
\E×P.
Page ! of I
ORIGIN'~I
EXHIBIT C
CONDITIONS OF APPROVAL
ZONE CHANGE 03-1545
With development on or subdivision of the site, municipal sewer service shall be
provided to the proposed development or to each lot in the subdivision.
Provide fully executed dedication for Paladino Road to arterial standards with class
II bike Jane for the full frontages of the area within the GPA request. Dedications shall
include sufficient widths for expanded intersections and additional areas for
landscaping as directed by the City Engineer. Submit a current title report with the
dedication documents.
Submit a comprehensive drainage study to be submitted to and approved by the City
Engineer. Site any drainage retention facility on the periphery of the GPA area to
facilitate future expansion or consolidation of drainage facilities as adjacent area
develops. The study shall be approved and any required retention site and necessary
easements dedicated to the City.
Payment of median fees for the frontage of the property within the GPA request.
These fees may be paid prior to recordation of any map or approval of improvement
plans.
Access to the arterial and collector streets will be limited and determined at time of
division or development. Determination of whether a right turn lane is required at the
access street(s) will also be made at the time of division or development. A full access
opening wiJl 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.
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.
Development on the site shall be subject to the Traffic Impact Fee schedule in effect at
the time of issuance of building permits.
With development or division, install traffic signal interconnect conduit, conductor, and
pull boxes along Patadino Road.
Prior to issuance of any building permit, a 20 foot wide trail along the western
boundary line of the project site shall be dedicated to the City of Bakersfield pursuant
to the Specific Parks and Trails Plan for Northeast Bakersfield.
OR GINAL
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. 4190, 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 APPROVING THE PROPOSED
AMENDMENT TO SECTION 17.06.020 (ZONE MAP NO.
103-13) OF TITLE SEVENTEEN OF THE BAKERSFIELD
MUNICIPAL CODE TO CHANGE THE ZONING OF
CERTAIN PROPERTY IN THE CITY OF BAKERSFIELD
FROM R-1 (ONE-FAMILY DWELLING) TO R-2-CH
(LIMITED MULTIPLE-FAMILY DWELLING-CHURCH) ON
29.56 ACRES LOCATED ADJACENT ON THE SOUTH
SIDE OF PALADINO DRIVE, APPROXIMATELY A
QUARTER MILE WEST OF MORNING DRIVE AND
UPHOLDING THE APPEAL OF THE DEVELOPMENT
SERVICES DIRECTOR. (FILE #ZC03-1545).
/si PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
DEPUTY~City Clerk