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Home My WebLink AboutORD NO 4253ORDINANCE NO. 4 2 5 3 AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 124-32 BY CHANGING THE ZONING FROM C-2 (REGIONAL COMMERCIAL) TO AN R-I (ONE FAMILY DWELLING) ZONE ON TWO ACRES LOCATED ALONG THE SOUTH SIDE OF HOSKING AVENUE, GENERALLY EAST OF SOUTH UNION AVENUE. (ZC 04-1347) (Ward 7). 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 headng on a petition by SMITH TECH/USA INC., for GEORGE SPENCER JR., to change the land use zoning of those certain property being annexed to the City of Bakersfield located along the south side of Hosking Avenue, generally east of South Union Avenue; and WHEREAS, by Resolution No. 206-04 on December 16, 2004, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve R-1 (One Family Dwelling) zone as delineated on attached map marked Exhibit "B", 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 C-2 (Regional Commemial) 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, 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, th~ Planning Commission and this Council; and WHEREAS, a Negative Declaration for the proposal was advertised and posted on November 2, 2004, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows commercial development; and WHEREAS, the City Council has considered and hereby makes the following findings: The above recitals and findings are true and correct and constitute the findings of the Planning Commission in this matter. All required notices have been given. The provisions of the Califomia Environmental Quality Act (CEQA) have been followed. Based on the initial study and comments received, staff has determined that the proposed project could not have a significant effect on the environment. A Negative Declaration was prepared and sent to responsible agencies and property owners within 300 feet of the project site. A Negative Declaration was prepared for this project in accordance with CEQA. · ' ral welfare and ood zoning practice justify the The pubhc necessity, gene g ...... ~..~ .,~. recommended change of zone to R-1 (One Fam,y uwe.~ngl zone on two acres~ located along the south side of Hosking Avenue, generally east of South Unio~ Avenue. The project site, with prior approval of General Plan Amendment No. 04-1347, is designated LR (Low Density Residential) on the Metropolitan Bakersfield General Plan Land Use Plan. The recommended zone change will reflect the previously adopted General Plan Amendment No. 04-1347. 9. 10. 11. 12. 13. The recommended zone change is compatible with the surrounding uses. The recommended zone change is consistent with the Metropolitan Bakersfield General Plan, subject to prior approval of General Plan Amendment No. 04-1347. That the applicant by prior agreement agreed to comply with all adopted mitigation measures contained within the Negative Declaration for this project. That Zone Change No. 04-1 347 is hereby approved as recommended by staff with mitigation measures adopted in the Negative Declaration. That Section 17.06.020 (Zoning Map) of the Municipal Code of the City of Bakersfield be amended by changing the land use zoning to R-1 (One Family Dwelling) zone on two acres on Map No. 124-32, of that certain property being annexed to the City of Bakersfield as described in Exhibit "C" herein attached. That Zone Change No. 04-1347, as outlined above, is hereby recommended for approval with mitigation and conditions of approval shown on Exhibit "A", subject to prior approval of General Plan Amendment No. 04-1347. SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: 1. All of the foregoing recitals ara hereby found to be tree 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 the City, the boundaries of which property is shown on the map marked Exhibit "B" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "C". Such zone change is hereby made subject to the conditions of approval listed in attached Exhibit "A", and subject to prior approval of General Plan Amendment No. 04-1347. SECTION 2. This ordinance shall be posted in accordance with the Bakersfield Municipal Code and shall become effective not less than thi~y (30) days from and after the date of its passage. 2 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 APR 2 ? 700~ , by the following vote: ~ COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER NOES: COUNCILMEMBER ABSTAIN: COUNClLMEMBER ABSENT: COUNCILMEMBER "~. ~'~ PAMELA A. McCARTHY, CI~ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attomey Attachments: Exhibit A - Conditions of Approval Exhibit B - Map Exhibit C - Legal Description MO:djl S:\GPA 4th 2004'~4-134~Resolufions~ozc-cc.doc 3 EXHIBIT A Conditions of Approval General Plan AmendmentJZone Change No. 04-1347 No archaeological resources were identified on the project site, however, prior to ground disturbance a qualified archaeologist shall conduct a field survey of the entire parcel. Any measures by the archaeologist shall be complied with at that time. (Mitigation Measure). The developer of the project site shall be required to pay into the adopted Regional Traffic Impact Fee fixed rate program. The fee program improvements mitigate impacts of the existing densities and, therefore, will do so due to the minor increase. (Mitigation Measure). If human remains are discovered or identified on the project site at any time or during site disturbance, work shall stop at the location of the find and the Kern County Coroner shall be notified immediately (Section 7050.5 of the California Health and Safety Code and Section 5097.98 of the California Public Resources Code which detail the appropriate actions necessary for addressing the find) and the local Native American community shall be notified immediately. (Mitigation Measure). Public Works Conditions: With the submittal of any development plan, tentative subdivision map, or application for a lot line adjustment, the following shall occur: Provide fully executed dedication for Hosking Avenue to arterial standards 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 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. Submit a comprehensive drainage study. Site any drainage retention facility on the periphery of the GPA area to facilitate future expansion or consolidation of drainage facilities as adjacent areas develops. The study shall be approved and any retention sites and piping systems shall be dedicated to the City. Exhibit A Conditions of Approval GPA/ZC 04-1347 Page 2 Access to Hosking Avenue shall be limited. Access to Hosking Avenue shall be determined at time of division or development. Determination ofwhether a dght turn lane is required at the access street(s) will also be made at the time of division or development. With development, construct East Hosking Avenue full ¼ width from Union Avenue to the western boundary of the tract including curb and gutter and sidewalk. Applicant shall join an Assessment District to pay for sewer main expansion in this area. 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. Since the parcel west of the project site is eminent for development, the improvements to Hosking Avenue along the frontage of the adjoining property will be required with the development of the property within this GPA/ZC area. These improvements will include curb, gutter, sidewalk and pavement tie-in and will be done with the other improvements on Hosking Avenue. If necessary, the City will assist in obtaining the right-of-way for the applicant/developer of the GPA/ZC area. These improvements to Hosking Avenue are required for orderly development in the area. (Public Works Condition). 9. Traffic Comments: A traffic analysis dated October 15, 2004, was prepared by Smith Tech/USA, Inc. showing a reduction in potential trip generation and was found to be acceptable (222 PM peak trip reduction). The higher allowable density is accounted for in the Transportation Impact Fee program, which provides full mitigation. Therefore, since this change would constitute a reduction in potential trip generation the mitigation improvements provided for in the fee program will provide adequate mitigation. Consequently no traffic impact study would be necessary. We recommend that the development be required to pay into the adopted Regional Traffic Impact Fee fixed rate program. MO:djl S:\GPA4th 2004\04-1347kAdmin SR'tEXHIBIT Adoc ZONE CHANGE 04-1347 EXHIBIT "C" SOUTH OF HOSKING AVENUE GENERALLY EAST OF SOUTH UNION AVENUE ZONE CHANGE 04-1347 That parccl of land being a portion of the Northwest ~A of Sect on 32, T. 30 S., R 28 E. M.D.M., County of Kern, State of California more particularly described as tbllows: Commencing at the Northwest comer of Section 32, also being point of intersection, the center line of Hosking Avenue (County Road No. 867) and the centerline of South Union Avenue thence, S 89°50'00" E along said Hosking Avenue Centerhne, a thstanc of 357.75 feet and to thc True Point of Beginning: I hence continuing along said ccntcrline of }tosking Road S 89°50'00'' E. 142.25 feet; I'hence (2) departing said centerline of }tosking Road S 00°04'34'' W, 610.00 feet: [hence (3) N 89°50'00" W, 142.2 5 feet: [hence (4) N 00°04'34'E, 6 ().()l) feet, to the True Poinl of Beginning Contains 1.99 Acres 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 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. 4253, passed by the Bakersfield City Council at a meeting held on the 27th day of April, 2005 and entitled: AN ORDINANCE ADOPTING AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 124-32 BY CHANGING THE ZONING FROM C-2 (REGIONAL COMMERCIAL) TO AN R-1 (ONE FAMILY DWELLING) ZONE ON TWO ACRES LOCATED ALONG THE SOUTH SIDE OF HOSKING AVENUE, GENERALLY EAST OF SOUTH UNION AVENUE. (ZC 04-1347) (WARD 7). PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield D E F~I.~-Y~Ci~ Clerk S:\DOCU MENT~FORMS~AOP.ORD.wpd ORIO!H~,L