The URL can be used to link to this page

Home My WebLink AboutORD NO 4268 ORDINANCE NO. II 2 6 8 AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO. 103-13) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM AN R-3 (LIMITED MULTIPLE FAMILY DWELLING) ZONE TO R-1 (ONE FAMILY DWELLING) ZONE ON 10.17 ACRES, AND R-3 MH (LIMITED MULTIPLE FAMILY DWELLING MOBILE HOME) ZONE TO R-1 (ONE FAMILY DWELLING) ZONE, ON 1.82 ACRES. GENERALLY LOCATED ON THE SOUTH SIDE OF PANORAMA DRIVE, APPROXIMATELY 'h MILE EAST OF FAIRFAX ROAD. (ZC 05-0535). (Ward 3). 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 north and south sides of Panorama Drive, approximately one-half mile east of Fairfax Road, as shown on attached Exhibit "B;" and WHEREAS, by Resolution NO.84-05 on June 16, 2005, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 05-0535, as delineated on attached Zoning Map No. 103-13 marked Exhibit "C", 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 R-3 (Limited Multiple Family Dwelling) on 10.17 acres, and R-3 MH (Limited Multiple Family Dwelling-Mobile Home) on 1.82 acres to R-1 (One Family Dwelling); and WHEREAS, 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 was advertised and posted on May 20, 2005, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows low density residential development; and WHEREAS, the City Council has considered and hereby makes the following findings: 1. All required public notices have been provided. 2. The provisions of the California Environmental Quality Act have been met. 1 3. The proposed project would not have a significant effect on the environment. 4. 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 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. 5. The proposed project accommodates a new project that is infill or expansion of existing urban development consistent with General Policies 78 and 86 of the Land Use Element of the Metropolitan Bakersfield General Plan. 6. The proposed project facilitates implementation of Policies 93 and 96 of the Land Use Element of the Metropolitan Bakersfield General Plan. 7. The proposed project facilitates implementation of Policies 16 and 19 of the Open Space Element, Policies 11, 26 and 30 of the Parks Element of the Metropolitan Bakersfield General Plan. 8. The proposed project facilitates implementation of the policies of the Specific Parks and Trails Plan for Northeast Bakersfield Parks. 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. 103-13 marked Exhibit "C" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "D ". 4. Such zone change is hereby made subject to the conditions of approval listed in attached Exhibit "A", subject to approval of GPA No. 05-0535. 2 -_.. -~.,.. ._-, ,..,....~.__...__...._.",._.__.._,...._--,.__.<_.._-'---~~._~~ ..----. 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--------- the Council ~F'P I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by of the City of Bakersfield at a regular meeting thereof held on 7 ?nnc¡ by the following vote: l,ø" v .,. -' AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER PAMELA A. McCARTHY, CM CITY CLERK and Ex Officio CI Council of the City of Bakersfield APPROVED lIP 'i 2D~ HARVE L. HALL Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney } By: /CdJißé ~~ Exhibits: A B C D Conditions Location Map Zone Map 103-13 Legal Description Jeng/S:IGPA 2nd 2005105-0535 KeithICCIOZC-CC Keith.DOC August 16, 2005 3 EXHIBIT A CONDITIONS OF APPROVAL ZONE CHANGE NO. 05-0535 CITY ATTORNEY 1. In consideration by the City of Bakersfield for land use entitlements, including but not limited to related environmental approvals related to or arising from this project, the applicant, and/or property owner and/or subdivider ("Applicant" herein) agrees to indemnify, defend, and hold harmless the City of Bakersfield, its officers, agents, employees, departments, commissioners or boards ("City" herein) against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, in any way arising from, the terms and provisions of this application, including without limitation any CEQA approval or any related development approvals or conditions whether imposed by the City, or not, except for CITY's sole active negligence or willful misconduct This indemnification condition does not prevent the Applicant from challenging any decision by the City related to this project and the obligations of this condition apply regardless of whether any other permits or entitlements are issued. The City will promptly notify Applicant of any such claim, action or proceeding, falling under this condition within thirty (30) days of actually receiving such claim. The City, in its sole discretion, shall be allowed to choose the attorney or outside law firm to defend the City at the sole cost and expense of the Applicant and the City is not obligated to use any law firm or attorney chosen by another entity or party. PUBLIC WORKS 2. Along with submittal of any development plan, tentative subdivision map, or application for a lot line adjustment, the following shall occur: 2.1. Provide fully executed dedication for Panorama Drive Road to collector standards for the full frontages of the area within the GPA request. Submit a current title report with the dedication documents. 2.2. Submit a comprehensive drainage study to be reviewed and approved by the City Engineer. Drainage sumps should be located so that they may be available to serve adjacent areas as they develop. If only one sump is utilized to serve this GPNZC area, it need not be so located. The study shall be approved and any required retention site and necessary easements dedicated to the City. 2.3. Submit verification to the City Engineer of the existing sewer system's capability to accept the additional fiows to be generated through development under the new land use and zoning. 3. 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. 4. 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. By jeng / S:\GPA 2nd 2oo5\GPA 2nd 2005\05-0535 KeithICClExhA-zc.doc May 29, 2005 .....,.__...~_.,_._.__..__... ."-"".--,-"--...,.-,.. ."~._-_._._----~~._~--_.~--,-~ -'--._-- Exhibit A ZC 05-0535 Page 2 of 2 5. The development shall pay into the adopted Regional Traffic Impact Fee fixed rate program. PARKS DEPT. 6. With the first subdivision or other development application, the subdivider/developer shall: 6.1 Enter into an agreement with the City of Bakersfield to deed free and clear title to the 2 acre staging area located at approximately y" mile north of Panorama in a location and configuration approved by the Parks Director, and address title to the 12 acre Panorama Hills Park. The 2 acres may include area under the towerline easement as approved with the tentative map. 6.2 Prepare plans and construct the staging area to City standards. Plans shall be approved by the City Parks Dept and City Engineer. The amount of credit toward park development fee shall be subject to approval by the Parks Director. 6.3 Run a blade smoothing a 20-foot wide trail in the Southern California towerline easement located on the west side of the project site from Panorama Drive north to the staging area. At the time of tentative map, the Planning Commission may determine that the towerline easement is be dedicated to the City for trail purposes. By jeng/ S:IGPA 2nd 2005\GPA 2nd 2005105-0535 KeithICClExhA-zc.doc May 29, 2005 ,. <-"'-", ,.----.-. ~-"._.__._..__..._.__._._-_._.~-_.,------_..__._-"----.._--_._-.__.~ ---------- ~ L{)< ('f) L{) o I L{) o ill (9- Z « I- o ill Z -- o N --..-- EXHIBIT "8" co ~ ~ :¡ . < " ó " ~ '? Ii Þ:I~ ¡ \__:::> ~c< '10 "'0- r > " . >- « ;: I ;¡ C> Ï w ~ '" ;¡ " :¡¡~ c ~8 . 0'" i!O~ < !/ .~ ,~ L~ ~_LJ 3 ;¡ " "" ~ ~. :::J ~ ". c< ;¡ o ¡ '\1;~~'F"J~!oir"~~ fBG _l~'" w~/ ~ ~-- -=~ ~ 1[- - .c.~---=~ Ó ( f-/( // - -"-ÊJ·j¡ ð):]I"I'~'Ic.- /. ~g , :¡ ;¡lJ I." ;¡" c ,,~~ . a:~:r: /~~):\f.(JJ'Clr "I ~ ///\\ ~ ~~;¡cL.-J:;¡ I < " o :! " o :! " '" '" i ~ ~ 8 Z ;;;¡S ~ ~ ~ o 8 ~ ;¡ ill 0> ~ en 0> N I- ill CO ~ en 0> N I- :¡ 1 ~ " " - ~ " ~~~ = l} IL~JL"JI ~ _ " If \iJr -ll c ,,'" u J u ¡ -~--- t~;f¡ þ r(")~ -N , Ii r0 o 9CL . ~«: "'~N ~~~ '" '" ~(!) ...2 0- Z~ ~Ou <:N'" U <I> ~ ~- ~ ¡ Ii 1\ &§ §§ " . i'~ifi~ ~ l § J_I"wfi~; f -lw8"2 ~ r _ I w * ~. w t i- ~- ; ¡ i - ª ~ = HI! ¡ :hl-E2¡hUL!i2 .~, J. --lOt : I 'P"i~,hi'¡Jèf~- t~ ~, P.n·; !~i~ì!H~i~í~~hj!!~p II~i i:¡~ih;il lrr§lri1Ii¡:¡!I!BI~'t¡~~~~i~;I~~~~;21~ ! ;; .1. ¡ ~ ~, s, {: r ;; ~ : w " r' : ¡ ¡¡ ..!! ð . ~ ~ ~ ¡; I ; ~ ~ . :; ~ f _I'; .. W i1 i'~ ~ ì : i I i l ; { ¡ ., ; u ~ ~ ~ I i ~ § '" ª ¡ ... : ..,~ ere r r I:::¡= ...~ a:.::: ~ r... :. u ü ,::::¡. ~ ¡! ¡ i.. u ill.. ;;¡.. ~ is ~ j f. - . . ,0 ~i h 0 ., i ¡¡.. - .' ~¡F'¡ ü..~i' ~I rn~ ~ i M0 , f~_.. .. " . ci ð"'.... .ir:id: E *= ~::~~~:;:;:sr..¡..~~a~:~~.::li .0 .... EXHIBIT "C" ZONE CHIå~GE 05-0535 t_ !I ""w '" , ci:: : u , ______ -----..1------ , ., , å: J .......... : '___.J " 1 ~ IJ! i~ ij.- æ, frS, hil I~! ~~ !~ E,t'. a-'0 ," >1, ~ · 51 el ¡'_iü;co'. i'. ~J" :I~ I t .~ j¡! Ii' :". .J. ¡!;ì ... I If. I!!.., ,I>I ~ !~ç!i, . '~' , i:~.; ., ~ i¡jU ..; ~~i ~I: c d~1 I j ':' u ..... I ;¡; I I , t , ~ í---~-~_L_--____-- ¡I =F£t , ..,0· · I' ¡ - - ---,- - ~"'-ry- -- _"',J N'-~ ". . i ~ 0 " I-~ ~ . C?,r, Go i a: -~-- ~ --,---- I I :fA Q:.~ , . , , ~ ::..-...= :::--.- ---------------"7 - - _ _ __ _ _ _-----" : /~ ~_.J""""'" r---------_~____________ , / , t : G ~/ , tÎ.J. ~ : Œ: " , ' , ' ,---___ _....L___ _=-__ __ _ ______ I " i: .ØflJt'~~ "'II~ r-- - - -- ---t--- ---~-f --- -- -~;,7--- - - ---- I I t~ r ( L_________________, _ , Go , I I , 1-------, : , , , : I I I , I , - I .,. .. . Go i ~ ~ ~ T .. '--:.H;;:;_'ñ:w ~------ '" " / ./ '" '" .. , ¡: L HI f:! ·"IIt'.,~ .. ,-" -. N , .. .. u ei II ¡:; ~.... ~~,~~ ~t~:;:.. 3S~"~ jew iu ''¡ u=h ~m~ îii'iij · · · i : / / .'-n;r _ HS ZONING MAP 103 -13 , I _~._.~_.__.,_._._._. __________.._-.-,..___ __···_·_.'·__....r_<..._.____.___.______. EXHIBIT "D" ZONE CHANGE # 05-0535 LEGAL DESCIPTION FROM AN R-3 TO R-1 ZONE: PARCEL "A" BEING A PORTION OF PARCEL I OF PARCEL MAP NO. 9451 RECORDED IN BOOK 41 OF PARCEL MAPS AT PAGE 148 IN THE OFfiCE OF THE KERN COUNTY RECORDER'S AND ALSO BEING A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 13. TOWNSHIP 29 SOUTH, RANGE 28 EAST, MOUNT DIABLO MERIDIAN COMMENCING AT THE SOUTH QUARTER CORNER AS SHOWN ON SAID PARCEL MAP NO. 9451; THENCE ALONG THE NORTH-SOUTH MID SECTION LINE, N O· 02'34" W 665.72 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL I OF PARCEL MAP NO. 9451, POINT ALSO BEING THE POINT OF BEGINNING FOR THIS DESCRIPTION. THENCE CONTINUING ALONG SAID NORTH - SOUTH MID-SECTION LINE N 0"02'34" W 665.73 FEET TO THE NORTHWEST CORNER OF THE SOUTIlWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 13; THENCE ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER N 89"37"07" E 666.17 FEET, THENCE S 0"00'36" W 66548 FEET TO A POINT BEING THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 13; THENCE ALONG THE SOUTH LINE OF SAID NORTIlWEST QUARTER S 89"35'49" W 665.56 FEET TO THE POINT OF BEGINNING. CONTAINS 10,17 Acres MORE OR LESS Page 1 of 2 ___,,__ _~__,_..._.___.. "__" .n._. __. __.__.._,____ ___..".._.____~_..________~_._.~_______.~__'"_..__ EXHIBIT "D" ZONE CHANGE # 05-0535 LEGAL DESCIPTION FROM AN R-3-MH TO R-1 ZONE: PARCEL "B" PARCEL "A" OF CERTIFICATE OF COMPLIANCE RECORDED WL Y 26, 1995 AS DOCUMENT No. 0195088067 OF OFFICIAL RECORDS. BEING ALL THAT PORTION OF LAND AS SHOWN ON RECORD OF SURVEY MAP RECORDED JUNE 30.1995, IN BOOK 19, PAGE 2 OF RECORDS OF SURVEY, IN THE OFFICE OF THE COUNTY RECORDER OF KERN COUNTY, LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 29 SOUTH, RANGE 28 EAST, MOUNT DIABLO MERIDIAN, IN TIfE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION I 3; THENCE (I) N 89"37'07" E 114.99 FEET ALONG THE NORTH LINE THEREOF; THENCE (2) S 00°06'58" W 692.44 FEET; THENCE (3) S 89°33'38" W 113.71 FEET; THENCE (4) N 0°00'36" E 692.55 FEET TO THE POINT OF BEGINNING CONTAINS 1.82 Ac. MORE OR LESS Page 2 of 2 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 8th day of September ,2005 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4268 ,passed by the Bakersfield City Council at a meeting held on the ~day of September. 2005 and entitled: AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO.103-13) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM A R-3 (LIMITED MULTIPLE FAMILY DWELLING) ZONE ON 10.17 ACRES, AND R-3 MH (LIMITED MULTIPLE FAMILY DWELLING MOBILE HOME) ZONE TO R-1 (ONE FAMILY DWELLING) ZONE, ON 1.82 ACRES GENERALLY LOCATED ON THE SOUTH SIDE OF PANORAMA DRIVE, APPROXIMATELY Y2 MILE EAST OF FAIRFAX ROAD. (ZC 05-0535). (WARD 3). PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield '~I~ . By: J...cl.¿ DEPU Y City lerk S :\DOCUM ENliFOR MSIAOP .ORD. wpd ~ 'òAl{~~ C) ij'> ~ .,.. I- ñi - l"- e> OR/GINAé'