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Home My WebLink AboutORD NO 4272 · - - ORDINANCE NO. ~'!'12 AN ORDINANCE UPHOLDING AN APPEAL AND ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO. 124-29) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM A (EXCLUSIVE AGRICULTURE) TO R-1 (ONE- FAMILY DWELLING) ON APPROXIMATLEY 95 ACRES GENERALLY LOCATED SOUTH OF EAST PANAMA LANE APPROXIMATELY 2,000 FEET EAST OF SOUTH UNION AVENUE AND APPROXIMATELY 1,680 FEET WEST OF COTTONWOOD ROAD (FILE # ZC 04-1337) 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 generally located south of Panama Lane approximately 2,000 feet east of South Union Avenue and approximately 1,680 feet west of Cottonwood Road in the City of Bakersfield; and WHEREAS, by Resolution No. 198-04 on December 9, 2004, the Planning Commission recommended disapproval of the applicant's requested zone change from A (Exclusive Agriculture) to R-1 (One-Family Dwlling) on approximately 95 acres and adoption of the Planning Commission recommendated zone change from A (Exclusive Agriculture) to R-1 (One-Family Dwlling) on approximately 65 acres and adoption of an ordinance amending Title 17 of the Municipal Code to approve R-1 zoning as delineated on attached Zoning Map 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 Mitigated Negative Declaration of environmental impact and changes in Planning Commission recommended zoning of the subject property from A (Agriculture) to R-1 (One-Family Dwelling) on approximately 65 acres and the Council has considered said findings; 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 agricultural production; 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. 1 , ~Aj(~.'/, ç~ ~r - -", :: rr. - r-- '_J D 'ÎQI(' ''''\t_~ 3. Portions of the proposed subject site are located within Airport Land Use Zones B 2, and C of the Airport Land Use Compatibility Plan, adopted July, 1996. 4. Principal compatibility concerns of the Airport Land Use Compatibility Plan include exposure to aircraft noise, land use safety with respect to people and property on the ground and aircraft occupants, protection of airport airspace and general concerns related to aircraft overflights. 5. The California Aeronautics Act requires Airport Land Use Commissions to utilize the "California Airport Land Use Planning Handbook (1993)". 6. All of the project is more than 7,000 feet from the runway and outside Zone 4 of the "California Airport Land Use Planning Handbook". 7. Outside this "Zone 4" is an area of low risk and low frequency of accidents. 8. This is an "in fill" project which is supported by General Plan policy. 9. An avigation easement will be reqired which notifies subsequent property owner as to the proximity of the airport and overflights, and related noise concerns. 10. The Airport Land Use Compatibility Plan is consistent with the Metropolitan Bakersfield General Plan. 11. The proposed project, as recommended by staff is consistent with the surrounding land uses. 12. The decision of the Planning Commission was appealed by SmithTech/U.S.A., Inc. 13. Based on the initial study and comments received, a determined has been made 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. 14. Mitigation Measures shown on Exhibit No. B are included in the project to ameliorate impacts. 15. The public necessity, general welfare and good planning practices justify the amendment to Title Seventeen of the Municipal Code and Zoning Map No. 124-29. 16. 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 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. 2 ,?>Þ-J\( '" C· '\q!(~""t'~' 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 124-29 marked Exhibit A attached hereto and made a part hereof, and are more specifically described in attached Exhibit C. 4. 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. 5. The appeal by SmithTech/U.S.A., Inc. is upheld. 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-..····.. 3 , "¡'''¡', ',' ""'), o '<';:' '" ,., n .) (: .....,Qr'!~lt' 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 ~tP 2 8 2005 by the following vote: '.ÁYW NOES: ABSTAIN: ABSENT: 0/" '--' L/ v' c/' v' V"'. COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARO, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER PAMELA A. McCARTHY, CMC CITY CLERK and Ex Officio Clerk Council of the City of Bakersfield APPROVED SEP 2 8 7nnr: ~ Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney By: ~ hL 4vi¡ EXHIBITS: (Attached) A ZC Map B Mitigation/Conditions C Legal PH: S:\GPA 4th 2004\04-1337\CC ZC Ord 8--12-05 .DOC 4 . ç~ü ,!( ¡::- ".. ',y "-'\' óJ ~, '" " - p _ ,- ) (::, '~R!,"'''!r.: -< ~ )( w r-- C't') C't') ...- I -.;:t o w <.9 z « I ü W Z o N , I i' i I ~ :;. ! z a. "!!!! -~ I 00 <"> , ¡¡ I- ~ ~ I . " ,; I ~ . " I I ~mJ I ~_~ L--= T~ -~'-- -l ------ " .. H....:_lllJlJMNIJI l -' I i i , " , " ¿~ t<DG~f- I , t<\st.i' , I I ¡(iòf'~¿ , , ! I I ij ~ « ~ I 'I II 'I 'I i ~ " II II ~ , 0:: 0 ~ I- « " ~ " " _.-----' !I- .... . .. - -- -- -- ~ ,; ('j ( z 0 '" i " " L, ~ [<H " -3-l ~I-~ ; L-, __" ,- ~T lfW'U:S " ~ r __.sL---~1 ---...,' , :i I I, II _); 1 ~----" i " h . =-11Ì ~ j ~ ~Ii '''Tl i -:.....=; I ~. --¡I (-"----J '-./--., ,; --ìr ,¡ ----:---~-; !; ¡ -- " " ' --) _c_ c 3 " .---- l 3 ,¡ ~g[J·t ~ ". IQI,11,1:1,1· o ~ ~ w " n~n " f::- \ EXHIBIT B MITIGATION/CONDITIONS ZONE CHANGE 04-1337 California Archaeological Inventory The California Archaeological Inventory (CAI) at California State University Bakersfield recommends as follows: "The previous partial survey conducted on this parcel was done in 1976. Field methods have drastically improved since then, and the Information Center routinely recommends a survey whenever the existing data is more than 5-7 years old. Therefore a qualified professional archaeologist should conduct a field survey of the entire parcel prior to ground disturbance activities. The archaeologist of your choice should contact this office in order to obtain the confidential information needed to conduct a field survey..." . Planning Department 1. If human remains are discovered during grading or construction activities, further work would be Prohibited pursuant to Section 7050.5 of the California Health and Safety Code. If Native American remains are identified, Section 7050.5 of the California Health and Safety Code and Section 5097.98 of the California Public Resources Code detail the appropriate actions necessary for addressing Native American remains. 2. 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 GPAlZC 04-1337 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." Department Of Conservation, Division of Oil and Gas If any previously unrecorded oil, gas, injection or other well associated with oil, gas injection, etc. is uncovered, the developer shall immediately notify the Division Office in Bakersfield and such division shall determine the remedial action to be undertaken. '?,(..H /._" ~ , .y IJ~ -;,'" >- ,. ,- ,-')9!("h.l.t' Mitigation/Conditions ZC 04-1337 Page 2 Recreation and Parks The Recreation and Parks Department states that a six acre dedication and reservation of park land is needed for a future ten acre park site in the area south of Panama Lane and north of the canal to service this and other development that will occur in the area Public Works 1. Prior to approval of any development plan, improvement plan for a tentative subdivision map, or application for a lot line adjustment, the following shall occur: a. Provide full dedication for Panama Lane to arterial standards and for Berkshire Road and the mid-section road (Sparks/Madison/King) to collector standards. b. Dedications shall include sufficient widths for expanded intersections and additional areas for landscaping as directed by the City Engineer. c. Provide a sewer study for the entire area covered by the GPAlZC. This study shall also cover any area between this GPAlZC area and the nearest point of connection and shall delineate the possible sewer service area and shall size the main line accordingly. The developer shall aid in the formation of a Planned Sewer Area and may enter into a oversizing agreement with the City of Bakersfield. 2. Any development in this GPAlZC area will be required to contribute to the widening of the crossings of the Kern Island Canal of both Berkshire Road and Panama Lane. 3. Any development in this GPAlZC area will be required to contribute to the construction of the crossing of the Arvin-Edison Canal and the mid sections collector, on the Sparks/Madison/King alignment. Any development of the area south of the Arvin-Edison Canal shall construct the crossing over the Arvin Edison Canal at the mid section collector. 4. Normal full frontage improvements shall be required at time of development. 5. Two sumps will be allowed. Site one sump for the area north of the canal on the west side so it can serve Tract 6333 and the subject area. For the area south of the canal, site the sump on the western edge so it can be expanded. 6. Pay the proportionate share of the following local mitigation measures (not paid for by the Regional Transportation Impact Fee - RTIF nor included with normal development improvements) as indicated in Table 7 of the traffic study. An estimate and fee schedule should be developed by the applicant and approved prior to recordation of a map or issuance of a building permit. '- Q >- :-< éJ ORIC"; Mitigation/Conditions ZC 04-1337 Page 3 a. Monitor Street and Panama Lane - add east bound left turn lane (striping only), 13.94% share b. Union Avenue and Panama Lane - add east bound left turn lane (striping only), 21.65% share c. Sparks Street and Panama Lane - install signal, add east and west bound left turn lanes, 38.28% share d. Union Avenue and Berkshire Road - add east and west bound left turn lanes, 13.6% share e. Union Avenue and Hosking Road - add west bound left turn lane, 8.97% share 7. Pay the standard residential fees for the Regional Transportation Impact Fee, as adopted at time of vesting of the development. 8. Site specific access shall be limited and shall be determined at time of subdivision review. Medians or other approved means shall be required to facilitate limiting access. 9. 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. S:\GPA 4th 2004\04--1337\Final ZC Mitigation Revised 8-12-05.doc ,~~i\.t\,~::>, ).... 'dl "n r-" , r'-~ D ¡-~:;'''-!þ,l EXHIBIT C GENERAL PLAN AMENDMENTI ZONE CHANGE NO. 04·1337 PANAMA ROAD NO. 16 Contains 96.84 Acres That parcel of land being a portion of the North Yo of Section 29, 1. 30 S., R. 28 E., M.D.M., in the County of Kern, State of California more particularly described as follows: Commencing at the North quarter corner of said Section 29; thence, North 89°31 '28" West along said Center line of Panama Lane, a distance of 659.53 feet to the true point of beginning; Thence (1) South 89°31'28" East along said centerline of Panama Lane, 659.53 feet; Thence (2) South 89°31'20" East, 1058.60 feet; Thence (3) South 04°45'09" West, 1303.80 feet; Thence (4) South 89°31'39" East, 48.85 feet: Thence (5) South 03°45'00" East, 316.01 feet; Thence (6) North 90°00'00" East, 59,00 feet; Thence (7) South 13°00'00" East, 139.50 feet; Thence (8) South 14°35'00" East, 202.40 feet; Thence (9) South 16°30'00" East, 710.44 feet; Thence (10) North 89°32'29" West, 1930.17 feet; Thence (11) North 00°33'16" East, 2627.01 feet; to the true point of beginning. Excepting therefrom a portion of land being the right of way of the Arvin Edison Canal, more particularly described as follows: Commencing at the center of said Section 29; thence North 89°31 '55" West, 660.04 feet to an angle point; thence North 00°27'55" East, 1156.60 feet to a point of intersection with the existing right of way for the Arvin Edison Canal, said point of intersection being the true point of beginning; Thence North 00°33'16" East, 165.00 feet; ( 'òAKf:~ < '0 () '(þ :':>. -r\ I--~ ;:¡.; -0 r-- OR¡'~;~.'A/:J Thence Thence Thence Thence Contains South 89°42'15" East, 1622.70 feet; South 89°31'39" East, 48.85 feet; South 03°45'00" East, 170.46 feet; North 89°31'39" West, 1684.33 feet to the true point of beginning. 6.46 Acres <öM(¡ :<. ,.j-i () '0' '- 'T' t- r. - C· O"n¡',. 0 I 'l"íI' i\{{;,! 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 29th day of September, 2005 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4272 , passed by the Bakersfield City Council at a meeting held on the 28th day of September, 2005 and entitled: AN ORDINANCE UPHOLDING AN APPEAL AND ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO. 124-29) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM A (EXCLUSIVE AGRICULTURE) TO R-1 (ONE-FAMILY DWELLING) ON APPROXIMATELY 95 ACRES GENERALLY LOCATED SOUTH OF EAST PANAMA LANE APPROXIMATELY 2,000 FEET EAST OF SOUTH UNION AVENUE AND APPROXIMATELY 1,680 FEET WEST OF COTTONWOOD ROAD (FILE # ZC 04-1337) PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield BY:~YV~ IQ.U"L0vlLL- DEPUTY City Clerk S:\DOCUMENT\FORMSIAOP, ORD. wpd ,<'òA/(~ () tP >-- ... ..... m - ,... Q 6 ORIGINAl