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Home My WebLink AboutORD NO 4252 252 ORDINANCI: NO. AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND APPROVING THE PROPOSED AMENDMENT TO SECTION 17.06.020 (ZONE MAP NO. 124-09) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE TO CHANGE THE ZONING OF CERTAIN PROPERTY IN THE CITY OF BAKERSFIELD FROM M-2 (GENERAL MANUFACTURING) TO R-2 (LIMITED MULTIPLE-FAMILY DWELLING), LOCATED AT THE NORTHEAST CORNER OF EAST PLANZ ROAD AND COTTONWOOD ROAD (FILE# ZC 04-1328). 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 at the northeast corner of East Planz Road and Cottonwood Road (Exhibits "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 November 17, 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, the project site is located one half mile east of the Bakersfield Municipal Airport and is situated in Compatibility Zone C of the Kern County Airport Land Use Compatibility Plan (1996); however, the proposal does not conflict with the Zone C compatibility criteria of the Plan. In addition, there is no established traffic pattern on the east side of the airport (Table 4-1 of the 1996 Kern County Airport Land Use Compatibility Plan). The project would not result in a safety hazard or noise problem for persons residing or working in the project area; and WHEREAS, the 1996 Kern County Airport Land Use Compatibility Plan recommends a a deed notice for property within Compatibility Zone D, which is identical in area to Compatibility Zone C, to ensure property owners are notified of their proximity to the airport regarding any possible inconvenience, annnoyance or discomfort arising from the noise of normal aircraft operations; and WHEREAS, the Compatibility Zone D criteria applies to the area that is not within the common traffic pattern area, i.e., the traffic pattern and pattern entry points, of Compatibility Zone C; and WHEREAS, the 1996 Kern County Airport Land Use Compatibility Plan specificies that there is no established traffic pattern on the east side of the airport; and WHEREAS, the project site is located one half mile east of the airport; and WHEREAS, the site is located adjacent to the City of Bakersfield's wastewater treatment plant No. 2; and WHEREAS, through discussions with Public Works, it was determined that an appropriate buffer of ¼ mile of the treatment plant clarifiers, as shown in Exhibit D, should be established within which residential development would be prohibited; and WHEREAS, the Planning Commission determined that a deed notice is required for the proposal; and WHEREAS, by Resolution No. 184-04 on December 9, 2004, the Planning Commission approved the adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 04-1328 as delineated on attached Zoning Map No. 124-09, marked Exhibit "A", respectively, and this Council has fully considered the Planning Commission's recommendation as set forth in that Resolution; and 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. 3. 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 Resoumes 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 Negative Declaration for Zone Change No. 04-1328 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 M-2 (General Manufacturing) to R-2 (Limited Multiple-Family Dwelling) (File# ZC 04-1328) of that certain property in said City, the boundaries of which property is shown on Zoning Map No. 124-09, marked Exhibit "A", 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. ......... o0o ......... 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 I~PR ~, ? 2~~j by the following vote: ABSTAIN: ABSENT: COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER COUNClLMEMBER COUNCILMEMBER COUNCILMEMBER "~'-~.,,~,,,~,.~ PAMELA A. McCARTHY, CM{3~ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED APR g 7 2005 Mayor 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 S:\GPA 4TM 2004\04-1328\OZC-CC, 04-1328 3 , ~,G NAL ZONE CHANGE 04-1328 · °'"' '" "' ,,, . EXHIBIT A ~ ZONING MaP 124"O9 ~ Exhibit B JOHN R. WILSON~ INC. CIVIL IE N GIN E~IER LEGAL DESCRIPTION PLANZ/COTTONWOOD GPA & ZONE CHANGE 04-1328 LOT 26, IN SECTION 9, TOWNSHI~ 30 SOUTH, RANGE 28 EAST, M.D.M., IN THE COUNTY OF KERN, STATE OF CALIFORNIA, ACORDING TO THAT CERTAIN MAP DATED APRIL 18, 1894, ENTITLED "SALES MAP OF LANDS OF KERN COUNTY LAND COMPANY', FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, APRIL 20, 1894. EXHIBIT C ZONE CHANGE 04-1328 CONDITIONS OF APPROVAL PUBLIC WORKS 1. With submittal of a land division or Lot Line Adjustment application, provide dedication of Cottonwood Road and East Planz Road to arterial and collector standards, including expanded intersections. Submit a current title report with the dedications. 2. 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. Provide an easement for the ultimate retention basin site, along with necessary easements for the transportation of drainage water to the site. Submit verification to the City Engineer of the existing sewer systems capability to accept the additional flows to be generated through development under the new land use and zoning. 4. Extend sewer along Cottonwood Road within GPA/ZC boundary. 5. Payment of median fees for the frontage of the property within the GPA request. These fees may be paid prior to recordation of the final map. 6. 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 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. 7. Development on the site shall be subject to the Phase III Regional Traffic Impact Fee Schedule per Resolution 171-03. 8. 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 podion of this GPA area. S:\GPA 4th 2004~04-1328\Condibo~s of Approval.doc PLANNING 9. Prior to issuance of any building permit or approval of any tentative parcel map or tentative subdivision map, the following statement shall be included on the deed for the subject property of GPA/ZC 04-1328 (APN: 170-270-070) and recorded in by Kern County. This statement shall also be included on any parcel map, tentative map or final for subdivision approval: "This property is in the area subject to overflights by aircraft using the Bakersfield Municipal Airport, and as a result, residents may experience inconvenience, annoyance or discomfort arising from the noise of such operations. State law (public utilities code section 21670 et Seq.) establishes the importance of public use airports to protection of the public interest of the people of the State of California. Residents of property near a public use airport should therefore be prepared to accept such inconvenience, annoyance or discomfort from normal aircraft operations. Any subsequent deed conveying parcels or lots shall contain a statement in substantially this form." C~i c~ I LU 0 LU I'-- LU :~, LU < Z Q. .--I LU Z LU EXHIBIT D ':iD'Cd -IIAIO NOS-IIM bi NHOE' EO 39V~ qIAID ND~qlM 8 NHDF 9~I~-~5E-I99 8~:I0 ~00g/88/~0 AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA County of Kern SS. 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 28th day of April , 2005 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4252, passed by the Bakersfield City Council at a meeting held on the 27t.~._h day of April, 2005 and entitled: AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND APPROVING THE PROPOSED AMENDMENT TO SECTION 17.06.020 (ZONE MAP NO. 124-09) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE TO CHANGE THE ZONING OF CERTAIN PROPERTY IN THE CITY OF BAKERSFIELD FROM M-2 (GENERAL MANUFACTURING) TO R-2 (LIMITED MULTIPLE-FAMILY DWELLING), LOCATED AT THE NORTHEAST CORNER OF EAST PLANZ ROAD AND COTTONWOOD ROAD (FILE # ZC 04-1328) PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield DEPUTY Cill~ Clerk S:\DOC U MENT~FORMS~AOP.ORD,wpd