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HomeMy WebLinkAboutORD NO 4242ORDINANCE NO.. AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO. 123-34) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM A (EXCLUSIVE AGRICULTURE) TO R-1 (ONE-FAMILY DWELLING) ON 30 ACRES GENERALLY LOCATED NORTH SIDE OF TAFT HIGHWAY/STATE ROUTE-II9 APPROXIMATELY 2,000 FEET EAST OF ASHE ROAD AND 2,300 FEET WEST OF STINE ROAD (FILE # ZC 04-1346) 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 located along the north side of Taft Highway/State Route-119 approximately 2,000 feet east of Ashe Road and 2,300 feet west of Stine Road; and WHEREAS, by Resolution No. 204-04 on December 9, 2004, 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. 123-34 marked Exhibit A, 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 RR (Rural Residential) to R-1 (One-Family Dwelling) 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 Mitigated 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 16, 2004, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows urban development; and WHEREAS, the City Council has considered and hereby makes the following findings: All required public notices have been given. The prowsions of the California Environmental Quality Act have been followed. Mitigation Measures shown on Exhibit No. B 2 are included in the project to ameliorate impacts. The proposed project is consistent with the surrounding land uses. The proposed project is consistent with the Metropolitan Bakersfield General Plan. The public necessity, general welfare and good planning practices justify the amendment to Title Seventeen of the Municipal Code and Zoning Map No. 123-34. 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. NOW, follows: 1. 2. 3. SECTION 1. THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as All of the foregoing recitals are hereby found to be true and correct. The 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 123-34 marked Exhibit A 1 attached hereto and made a part hereof, and are more specifically described in attached Exhibit A 3. Such zone change is hereby made subject to the mitigation measures/conditions of approval listed in attached Exhibit B 2, subject to approval of GPA 04-1346. 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. ......... 000 ......... 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 MAR 3 0 2005 by the following vote: ABSTAIN: ABSENT COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER PAMELA A. McCARTHY, CMC(,/ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED APPROVED as to form VIRGINIA GENNARO City Attorney EXHIBITS (Attached): B 1 Zone Change Map B 2 Mitigation/Conditions B 3 Legal L 9'lzg I,-'lz0 :IDNVHO EINOZ EXHIBIT B 2 Mitigation Zone Change 04-1346 Planning Cultural 1. 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 archaeologist or historian. 2. 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. Public Works 1. Prior to approval of any development plan, improvement plan for a tentative subdivision map, or application for a lot line adjustment, the following shall occur: a. Provide full dedication for Taft Highway to arterial standards and for Mountain Ridge Drive (the mid-section road) to collector standards. Dedications shall include sufficient widths for expanded intersections and additional areas for landscaping as directed by the City Engineer. b. Provide a sewer study for the entire area covered by the GPA/ZC. This study shall also cover any area between this GPA/ZC area and the nearest point of connection and shall delineate the possible sewer service area and shall size the main line accordingly. The developer shall aid in the formation of a Planned Sewer Area and may enter into an oversizing agreement with the City of Bakersfield. C. Provide a drainage study for the entire area covered by the GPA/ZC. This area is too small (less than 80 acres) for its own dedicated sump - place the drainage sump on the periphery to facilitate its expansion to serve adjoining properties. As an alternative, the developer can propose a Planned Drainage Area to cover the southwest quarter of the section, providing exhibits and calculations to facilitate the formation of the PDA and constructing any required PDA facilities within the boundary of this development or paying PDA fees as appropriate. 2. Normal full frontage improvements shall be required at time of development. 3. Pay the standard residential fees for the Regional Transportation Impact Fee, as adopted at time of vesting of the developmenL EXHIBIT B 3 LEGAL All that portion of Section 34, Township 30 South, Range 27 East, M.D M, in the unincorporated ;~rea of the County of Kern, State of California, more particularly describod The East half of the Southeast Quarter of the Southwest Quarter, and the West hall the West half of the Southwest Quarter of the Southeast Quarte~ of said Section 34 Excepting therefrom the southerly 30 00 feet lhereof 2932 acres, rllore or less p:,,pR© j E C T S \04020tL E (}AL S~ :~hibit -A-AN NEXATION d°~ 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 31st day of March ,2005 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4242 , passed by the Bakersfield City Council at a meeting held on the 30th day of March, 2005 and entitled: AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO. 123-34) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM A (EXCLUSIVE AGRICULTURE) TO R-1 (ONE-FAMILY DWELLING) ON 30 ACRES GENERALLY LOCATED NORTH SIDE OF TAFT HIGHWAY/STATE ROUTE 119 APPROXIMATELY 2,000 FEET EAST OF ASHE ROAD AND 2,300 FEET WEST OF STINE ROAD (FILE #ZC04-1346) PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield By: Clerk S:\DOCUMEN'~FORMS~AOP.ORD.wpd