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Home My WebLink AboutORD NO 4254ORDINANCE NO. 4254 AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO.101-13) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM A-20A (AGRICULTURE-20 ACRE MINIMUM) TO R-I (ONE-FAMILY DWELLING) ON 13.64 ACRES AND TO C-1 (NEIGHBORHOOD COMMERCIAL) ON FIVE ACRES GENERALLY LOCATED ALONG THE NORTHEAST CORNER OF NORIEGA ROAD AND OLD FARM ROAD (FILE # ZC 03-1346) WHEREAS, in accordance with the procedure set forth in the previsions 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 northeast corner of Noriega Road and Old Farm Road; and WHEREAS, by Resolution No. 174-04 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 and C-1 zoning as delineated on attached Zoning Map No. 101-13 marked Exhibit B 1, 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 A (Agriculture) to R-1 (One-Family Dwelling) and C-1 (Neighborhood Commercial) 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 18, 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: 1. All required public notices have been given. 2. The provisions 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. 101-13. 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 resoumes 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 101-13 marked Exhibit B 1 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 mitigation measures/conditions of approval listed in attached Exhibit B 2, subject to approval of GPA 04-0439. 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 Councilof the City of Bakersfield at a regular meeting thereof held on A PR g ? 2005 by the following vote: NOES: ABSTAIN: ABSENT: COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNClLMEMBER COUNCILMEMBER"~...,~r...m--,,-.~ PAMELA A. McCARTHY, CITY CLERK and Ex Officio Orerk of Council of the City of Bakersfield the APPROVED APR 2 Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney Exhibits: B I Zone Change Map B 2 Conditions/Mitigation B 3 Legal Description S:\Dole\03-1345\CC ZC Ord .DOC ZONE CHANGE 03-1345 EXHIBIT B 2 GPNZC 03-1345 Mitigation/Conditions Planning Cultural 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. 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. 4. Buildings must be limited to two stories in height. 5. No commercial developments which propose drive-thrus. 6. No operation after 10:00 p.m. Traffic Study Mitigation measures shown in the traffic study constituting mitigation as shown on Exhibit D( Page 16, Table 7) attached hereto are incorporated into this document as though fully set forth. Public Works 1. 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. 2. 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 Noriega Road and Old Farm Road to collector standards for the full frontages of the area within the GPA request. Noriega Road and Old Farm Road are within the Western Rosedale Specific Plan and as such require additional dedications for an equestrian trail on Noriega Road and a bike path on Old Farm Road. 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. 3. 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. 4. Access to the 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. 5. 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. 6. 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. 7. Development on the site shall be subject to the Traffic Impact Fee schedule in effect at the time of issuance of building permits. 8. With development or division, install traffic signal interconnect conduit, conductor, and pull boxes along Noriega Road and Old Farm Road. Traffic Comments A traffic analysis dated September 9, 2004 was prepared by Mclntosh & Associates showing a reduction in potential trip generation and was found to be acceptable (244 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. S:\Dole\03-1345\Final Mitigaticn Exhibit Bdocc ORIGIN,h! EXHIBIT B 3 ZONE CHANGE 03-1345 LEGAL DESCRIPTION R-1 ZONE THE PROPOSED RESIDENTIAL PARCEL BEING A PORFION OF lOT 13 ACCORDING TO THE SALES MAP OF LANDS OF KERN COUNTY LANE COMPANY, FILED NOVEMBER 23, 1891. IN THE OFFICE OF THE KERN COUNTY RECORDER AND ALSO BEING A PORTION OF SECTION 13. TOWNSHIP 29 SOUTH. RANGE 26 EAST. MDB&M, ACCORDING TO THE OFFICIAL MAP THEREOF. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT THE CENTER SECTION CORNER OF SAID SECTION 13. THENCE NORTH 00°52'15'' EAST ALONG THE NORTH-SOUTH CENTER SECTION LINE, A DISTANCE OF 399 62 FEET TO THE TRUE POINT OF BEGINNING; (1) THENC[ CQN]INUING NORTH 00°5215. EAST, ALONG SAID9 NORTH SOUT~! CENTER SECTION LINE, A DISTANCE OF 918{i; FEET. 70 THE NORTHWESI CORNER OF SAID LOT 131 (2) THENCE SOUTH 89%5'15" EAST. ALONG THE NORTH LINE OF SAID LO'[ 13 A DISTANCE OF 65980 FEET. TO TIdE NORTHEAST CORNER OF SAID LOT 13: (3) THENCE SOUTH 00°53'26" WEST. ALONG SAID EAST LINE OF LOT 13. A DISTANCE OF 918 90 FEET: (4) THENCE NORTH 89°13'54" WEST A DISTANCE OF 659.48 FEET. TO THE TRUE POINT OF BEGINNING SAID PARCEL CONTAINS: 1391 ACRES GROSS THIS DESCRIPTION IS BASED ON RECORD DATA PER FILED MAP 7-1 BK. 6 PG. 44 PAGE 1 of 2 EXHIBIT B 3 ZONE CHANGE 03-1345 LEGAL DESCRIPTION C-2 ZONE THE PROPOSED FIVE ACRE COMMERCIAL PARCEL BEING THE SOUTHERLv 605 ACRES GROSS OF LOT 13 ACCORDING TO THE SALES IdAP OF LANDS OF KERN COUNTY LAND COMPANY, FILED NOVEMBER 23, 1891, IN THE OFFICE OF THE KERN COUNTY RECORDER AND ALSO BEING A PORTION OF SECTION 13. TOWNSHIP 29 SOUTH RANGE 26 EAST MDB&M, ACCORDING TO THE OFFICIAL MAP THEREOF, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT THE CENT ER SECTION CORNER OF SAID SECTION 13 (I) THENCE NORTH 00%2'15" EAST ALONG THE NORTH-SOUTH CENTER SECTION LINE, A DISTANCE OF 399 62 FEET; {2) THENCE SOUTH 89"13'54" EAST A DFSTANCE OF 65948 FEET. TO THE EAST LINE OF SAID LOT t3; ~3) THENCE SOUTH 0053'26" WESTr ALONG SAID EAST LINE OF l OT 13, A DISTANCE OF 399 62 FEET, TO THE CENTERLINE OF NORIEGA ROAD; (4) THENCE NORTH 89°13'54" WEST, ALONG SAID CENTERLINE OF NORIEGA. A DISTANCE OF 659 34 FEET SAID PARCEL CONTAINS: 605 ACRES GROSS, 500 ACRES NET 4335 THIS DESCRIP EION IS BASED ON RECORD DATA PER FILED MAP 7-1 BK. 6 PG. 44 pAGE 2 of 2 m OftIO',NAk 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 Apdl , 2005 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4254, passed by the Bakersfield City Council at a meeting held on the 27th day of April, 2005 and entitled: AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO. 101-13) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM A-20A (AGRICULTURE-20 ACRE MINIMUM) TO R-1 (ONE-FAMILY DWELLING) ON 13.64 ACRES AND TO C-1 (NEIGHBORHOOD COMMERCIAL) ON FIVE ACRES GENERALLY LOCATED ALONG THE NORTHEAST CORNER OF NORIEGA ROAD AND OLD FARM ROAD (FILE #ZC 03-1345) PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield DEPUTY City ~lerk S:\DOCUME N~FORMS~AOP.ORD.wpd