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Home My WebLink AboutORD NO 4258 ORDINANCE NO. 4 2 S 8 AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06,020 (ZONE MAP NO. 104-20) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM RH (RESIDENTIAL HOLDING) TO R-1 (ONE FAMILY DWELLING) ON 70 ACRES GENERALLY LOCATED ON THE EAST SIDE OF KERN CANYON ROAD AT VINELAND DRIVE (EXTENDED). (ZC 03-340) 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 generally located on the east side of highway 184 at Vineland Road (extended) WHEREAS, by Resolution No. 27-05 on March 17,2005, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change 03-340 as delineated on attached Zoning Map No. 104 -20 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 negative declaration of environmental impact and changes in zoning of the subject property from RH (Residential Holding) 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 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 Negative Declaration (with mitigation) was advertised and posted on November 16, 2005, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows single family residential development; and WHEREAS, the City Council has considered and hereby makes the following findings: 1. All public notices have een given. 2. The provisions of the Claifornia Environmental Quality Act have been followed. 3, Based on the intial study and comments received, staff has determined that the proposed project could not have a significant effect on the environment. A mitigated Negative Declaration was prepared for the project in accordance with CEQA. 4. The proposed project is consistent with surrounding uses. 1 ~ 'òAK~1> o ~ >- - I- m - ,... QORIGINAl() 5. The Open Space zoning will accomodate flood flows. 6. Noise from Highway 184 and Mesa Marin can be mitigated. 7. The propsed project is consistent with the Metropolitan Bakersfield General Plan. 8. The public necessity, general welfare and good planning practices justify the amendments to the Land Use Element of the Metropolitan Bakersfield General Plan. 9. Based on the absense of evidence in the record as required by Section 21082.2 of the State of California Public Resources Code (CEQA) for the purposes 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 minimus· exemption in accordance with Section 711 of the Stafe Resources Code. Additionally the assumption of adverse effect is rebutted by the above-referenced absence of evidence in the record and the lead agency's decision to prepare a Neaive Declararion. SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: 1. All of the foregoing recitals are hereby found to be true and correct. 2. The Negative Declaration is hereby approved and adopted. 3. 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. No. 104-20 marked Exhibit "A" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "B ". 4. Sucl1 zone change is hereby made subject to the conditions of approval listed in attached Exhibit ·C", subject to approval of GPA 03-340. 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----- 2 ~ ~AK~1' o ~ >- - 1;; ~ QORIGINAL~ ~ "iiìðËŠ: ABSTAIN: ABSENT: I HEREBY CERTIFY that the foregoing Ordinance was paS¡d and adoDted, by the Council of the City of Bakersfield at a regular meeting thereof held on I ~y 2 5 ~ : by the ~~~w~ c_ " or' ./ 0/ v'" ./ ¡/ COUNCILMEMBER COUCH. CARSON, BENHAM. MAGGARD. HANSON, SULLIVAN. SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER PAMELA A. McCARTHY, CMC CITY CLERK and Ex Officio Clerk Council of the City of Bakersfield APPROVED MAY 2 52005 APPROVED as to form VIRGINIA GENNARO City Attorney By: I?¢HAL m ~ S:\GPA 4th 2004\03-0340\OZC-CC1.DOC 3 X 'òA/(¿:-~ o ~ >- - t- m - t- Q OR'G'NAE' -< ~ 0 ¡;U> ä~ m Ii 8 Ii ¡ ~ Ii" .-- ~ t > .~ z ~ ~ R..s-1... ~ CD ~ ~ o .. ~ Ì ~ o .. " t N ~ Exhibit A rn ~ ::c ¡;¡ ::c ::; ~ ¡:;j N o z m o I » Z Ci) m o w I o W ~ o ~ t ~ ~ ffi 1----1 ()~ rn ~~ "";., -<- "" 2 ~ ~AK~1> >- ~ f- - - "' Q r- 0RIGINAC' EXHIBIT B ZONE CHANGE 03.0340 LEGAL DESCRIPllON BEING THE DESIGNATED REMAINDER OF PARCEL MAP No. 10838 RECORDED IN BOOK 52 OF PARCELS MAPS AT PAGE 84 IN THE KERN Co. RECORDER'S OFFICE, ALSO BEING A PORTION OF THE SOUTH 1/2 OF THE SOUTHWEST 114 OF SECTION 20, T.29S.,R29E.. M.D.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 20; THENCE N.O '22'27"E ALONG THE WEST LINE OF SAID SOUTHWEST 1/4. A DISTANCE OF 442.18 FEET TO A POINT ON THE CENTERLINE OF KERN CANYON ROAD (STATE ROUTE VIKER 184); THENCE N.46059'42-E. ALONG SAID CENTERLINE. 1277.47 FEET TO A POINT ON THE NORTHLlNE OF SAID SOUTH 1/2 OF THE SOUTHWEST 1/4 OF SECTION 20; THENCE S.89 °32'09"E. ALONG SAID NORTHLlNE, 1701.76 FEET TO A POINT ON THE EAST LINE OF SAID SOUTHWEST 1/4: THENCE S.oo31'42"W ALONG SAID EAST LINE, 1320.32 FEET TO THE SOUTH 1/4 CORNER OF SAID SECTION 20; THENCE N89 °33'OS"W ALONG THE SOUTH LINE OF SAID SOllTHWEST 1/4, A DISTANCE OF 2626695 FEET TO THE POINT OF BEGINNING. CONTAINING 70.32 ACRES, MORE OR LESS ~ ?Ii:J- ~ ?JA/(¿:-1> () iP >- '" I- - - "' Q T- ORIGINAE' Exhibit C GENERAL PLAN AMENDMENT/ZONE CHANGE 03-0340 CONDITIONS OF APPROVAUMITIGATION MEASURES PUBLIC WORKS 1. With the submittal of any development plan, tentative subdivision map, or application for a lot line adjustment, the following shall occur: a. Provide fully executed dedication for Vineland to arterial standards, if necessary, 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. b. Submit verification to the City Engineer of the existing sewer system's capability to accept the additional f'ows to be generated through development under the new land use and zoning. 2. With deve'opment, a trunk sewer shall be constructed along the southern boundary of the subject property from the existing "North East Sewer" to the eastern boundary. 3. This property is within the Breckenridge Planned Drainage Area and Meyer's Study and shall meet the requirements of those studies. 4. Access to Vineland Avenue shall be limited and shall be 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. 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. 6. Developer shall pay the adopted Regional Traffic Impact Fee fixed rate program at time of development. 7. Access to State Route 184 (Kern Canyon Road) shall be limited and subject to review by Callrans. X 'ØAK~?> o ~ >- - t: m " ,.... ORIGINALt:> GPAlZC 03-0340 Conditions of Approval/Mitigation Measures Page 2 PLANNING 8. Soils Mitiaation: The developer shall submit a soils report prepared by a qualified engineer, prior to the submittal of a tentative tract or parcel map, that identifies the level and extent of the shrink-swell potential on the project site and the proposed engineered design systems or programs that will be implemented to reduce the shrink-swell potential to a level that is less than significant. 9. Noise Mitiaation: a) The developer shall construct a six (6) foot high masonry wall along the western perimeter of the project site adjacent to Highway 184. b) The developer shall install mechanical ventilation or air conditioning for all residential lots located adjacent to Highway 184 to ensure all windows and doors may remain closed. c) The developer shall ensure that all windows for residential units adjacent to Highway 184 are adequately sealed and caulked to prevent any openings between the window assemb'y and wall. d) Exterior doors, excluding glass doors, on all residential lots adjacent to Highway 184 shall be solid-core wood doors or material capable of achieving comparable noise reduction with perimeter weather-stripping and threshold seals. Applicant is required to provide additional noise data to change door type subject to Planning Director approval. 11. A Biological Study must be submitted with the tentative tract to determine if additional measures are needed to address the blunt-nosed leopard lizard prior to any site disturbance. S:\GPA 4111 2004\03.Q34O\Conditions of Approval.doc 2 ~ 'ôÞ./(~~ o ~ >- - ~ g ORIGINAL 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 26th day of Mav, 2005 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4258 , passed by the Bakersfield City Council at a meeting held on the 25th day of Mav. 2005 and entitled: AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO. 104-20) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM RH (RESIDENTIAL HOLDING) TO R-1 (ONE FAMILY DWELLING) ON 70 ACRES GENERALLY LOCATED ON THE EAST SIDE OF KERN CANYON ROAD AT VINELAND DRIVE (EXTENDED) (ZC 03-340) PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield BY:~~ DEPU City erk S:\DOCUMEN1\FORMSIAOP.ORO.wpd 'O>r; ¿} >- [1 \-- ~() --'\\\ ~~-'. 0:'11\:1"'1,'·,1,