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Home My WebLink AboutORD NO 4277 ORDINANCE NO. ':4 27 7 AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND UPON COMPLETION OF THE ANNEXING PROCESS AMENDING SECTION 17.06.020 (ZONING MAP 123-25) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM R-1 (ONE FAMILY DWELLING) TO R-2 (LlMITIED MULTIPLE FAMILY DWELLING - 1 UNIT PER 2,500 SQ. FT.) ON 2.04 ACRES, GENERALLY LOCATED ON THE EAST SIDE OF WIBLE ROAD APPROXIMATELY 200 FEET SOUTH OF BERKSHIRE ROAD (ZC NO. 04- 1704). WHEREAS, in accordance with the procedures 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 Wible Road approximately 200 feet south of Berkshire Road; and WHEREAS, by Resolution No. 91-05 on July 7,2005, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 04-1704 as delineated on attached Zoning Map 123-25 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 as reinstated herein; 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-1 (One Family Dwelling) to R-2 (Limited Multiple Family Dwelling -1 unit per 2,500 sq. ft.) on 2.04 acres, and the Council has considered said findings and all appear to be true and correct; and WHEREAS, the laws and regulations relating to the preparation and adoption of Negative Declarations as set forth in CEQA, the State CEQA Guidelines, and the City of Bakersfield CEQA Implementation Procedures, have been duly followed by city staff, the Planning Commission and this Council; and WHEREAS, a Negative Declaration with mitigation was advertised and posted on May 12, 2005, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows multiple- family residential development; and 1 X 'ôAKço-9 o ú' "- '" '= IT. o r- ORIGINAC' WHEREAS, the City Council has considered and hereby makes the following findings: 1. The Council has considered and concurs with the following findings made by the Planning Commission as set forth in Resolution No. 91-05, adopted on July 7, 2005; a. The proposed project allows for the development of a variety of residential types and densities consistent with Residential Development Policy 2 of the land Use Element of the Metropolitan Bakersfield General Plan. b. The proposed project accommodates high and high-medium density residential adjacent to existing and planned commercial, multi-family, and principal transportation corridors consistent with Residential Development Policy 10 of the Metropolitan Bakersfield General Plan. c. The proposed project accommodates a new project that is infill or expansion of existing urban development consistent with General Policy 78 of the land Use Element of the Metropolitan Bakersfield General Plan. d. All required public notices have been provided. e. The provisions of the California Environmental Quality Act have been met. f. The proposed project would not have a significant effect on the environment. g. 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. 2. The proposed project is consistent with the Metropolitan Bakersfield General Plan. 3. Based on the intial study and comments received, staff has determined that the proposed project could not have a significant effect on the 2 « <¿,Þ./(",? () ~ "- - I- m - r- o 0 ORIGINAl environment. A Negative Declaration was prepared for the project in accordance with CEQA. 4. The proposed project is consistent with surrounding uses. 5. The public necessity, general welfare and good planning practices justify the requested zone change. SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: 1. That the above recitals, incorporated herein, are true and correct. 2. The Negative Declaration is hereby 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 123-25 marked Exhibit "A" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "B ". 4. Such zone change is hereby made subject to the mitigation and conditions of approval listed in attached Exhibit "C", subject to approval of GPA No. 04- 1704. 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 atter the date of its passage. ········-000········· 3 'òÄKt~ cY' <J' >-- ~ I- m _ r- Q t> ORIGINAL 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 OCT 1 ~'nM by the following vote: (ME10 NOES: ~ (~~ ¡// V v ~ ,..---' ...-- COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER '-1'i"-/,",;'o.,,,, APPROVED OCT 1 2 '2000 ·ffiL PAMELA A. McCARTHY, CM CITY CLERK and Ex Officio Cle k of the Council of the City of Bakersfield HARV L. HALL Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney BY~J11.~ Exhibit A - Zoning Map 123-25 B - Zone Change Legal Description C - Mitigation/conditions of approval ~.. _.._.~_..__..,---_.. .--'~"'-"----""------'.""'~---"-" ~ 'òMé'I)' o ~\ ~ ;n õ r; ORIGINAL I r0 I:'J ~ I- m J: >< w it !. ~ 8 i I ., : !¡. _ du ..1" ¡¡2¥l 90.... ~<[~ ~~t-' W '" ~<!) ...z 0z 10 0 52~ ~II~ t¡ .. EXHlhlT "A" = a I ii- _. . == !. §~ §~ 9 i nl¡~1 .~ ~ i .!·§.~!II' i I . ~. ~liN~. ~I I . zl 11~I~Hii.înll=l HI ~i hil;; 11115t.'I'i¡.'i~ I~'§ ~I I';~ t. iHhi:~:~:~i'~!N¡¡!; IgI 1~:3Hi;1 ~;;§!;>i§i:!¡i.~I!~li)·,~j~!N!!I'I:æl 1¡~·i~!G~D~t,;5¥:~~D.~¡~;~;z:~=i-iEJW rrID~"'~.'!:~"-=¡DI"lul,;;~ w~'J:!6U-i~ li ~~ .H ¡a!BÜ~a!! ~gU~m!hH~del !!-.. '.:i.e_ ... .. .. __..u·_.. ! .. ,.~ · . I:IÎz,..' oJ. . ,1: D........ · . ~&uuuu....BW...u Dcc...~...1 " ./. s! .tro ..II· '~ :'~ lãj - ·i! .g . i .d d'II ¡,..¡ -I- 8"J .... I~ t.~) i &:..' .. -I·~ J~ i~ ~ I:Î¡; . it ~. CI··, .,. ti!!J · !~·I . -- . '~ ! wi... ; I I I ¡ ---~- ---..--- --..--.------- -- . ~ us . j . ;iliii ~ ¡¡ã -.,...----.., i' ii~ 111111 'i'~ I z. IMBI u· .. I · ...,.... I .~ IIUUI ; t ; ci L_____ I'mu ; · ;. ¡s lung · hun I i mmd ¡ ~s mmn 'ow" i~luni - i ¡!nu. _¡hgulI ~ . IUd."- N IIn~di · . ! D:: ¡s e S . IA~AI~I! i ;¡; .... · _.:JnM1i . . - «------ 0 - ill." I ~ t -- tIN ð I: -- ;Ss I II.&::I jSi5 - -- , u ' it I :s - ~s K!ß;!;. I · <- + N-Çll -- - " ZONING MAP 123- ~' Ô ,.... ç ORIG!NÞ' ¡Zone Change 04·1704 .,. HI .. ... , I ~ : , I -------------"" o I I I :!:s t I "'- ----- ~ , . . PROPOSED R-2 ZONE CHANGE DESCRIPTION EXHIBIT "B" ALL THAT PORTION OF LOT 24 IN SECTION 25, TOWNSHIP 30 SOUTH, RANGE 27 EAST, MDB.M., ACCORDING TO THE KERN COUNTY LAND COMPANY SALES MAP NO.1 OF LANDS OF J.B. HAGGIN FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MAY 3,1889, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE WEST LINE OF SAID SECTION 25 AT A POINT 244 FEET NORTH OF THE SOUTHWEST CORNER OF SAID LOT 24, RUNNING THENCE EAST PARALLEL WITH THE SOUTH LINE OF SAID LOT, 180 FEET; THENCE NORTH PARALLEL WITH THE WEST LINE OF SAID LOT, 123 FEET; THENCE EAST PARALLEL WITH THE SOUTH LINE, 119 FEET; THENCE NORTH PARALLEL WITH THE WEST LINE, 293 FEET TO THE NORTH LINE OF SAID LOT 24' THENCE WEST ALONG SAID NORTH LINE, 299 FEET TO THE WEST LINE' OF SAID SECTION; THENCE SOUTH ALONG SAID WEST LINE, 416 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM ANY PORTION THEREOF LYING WITHIN WIBLE ROAD AS IT NOW EXISTS. CONTAINING 97,267 SQUARE FEET (2.33 ACRES). ..--.-.......-"'--,..--.-.-..- " 'òAKf1> () ,p ;,... ':!' ,_ m - t- o c ORIGINAL EXHIBIT "C" Conditions of Approval/Mitigation Zone Change 04-1704 1. 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. (mitigation Measure) 2. 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. (Mitigation Measure) 3. 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. (Mitigation Measure) 4. Per the applicants consent, construction on the site will be limited to duplex, 3-plex and 4-plex single story structures. (Condition) 5. Access will be limited on to Wible Road, access points will be determined in consultation with the Traffic Engineer prior to recordation of any subdivision map and/or finalization of site plan review. (Condition) 6. The portion of the canal traversing through the site shall be fenced pursuant to City Standards. The portion of the canal adjacent to but not on the property shall be fenced in accordance with local building code.(Condition) 7. Prior to approval of any development plan, improvement plan, or application for a lot line adjustment, the following shall occur: a. Provide fully executed dedication for Wible Road to arterial standards for the full frontage of the area within the GPA request. Dedications shall include additional areas for landscaping as directed by the City Engineer. Submit a current title report with the dedication documents. b. Prepare a drainage study for the GPAlZC area for the review and approval of the City Engineer. The City will allow no more than one publicly-maintained sump per 80 acres; therefore, this GPAlZC area must be included within the drainage area of adjoining property. There is a City-maintained sump near the property that may be available for storm water disposal provided that the applicant submits calculations showing the capacity exists in this sump to serve this area or the applicant can modify (deepen) the sump to provide the necessary capacity. As an alternative, the applicant can retain the storm water onsite in a privately-maintained sump. CC Ordinance for 04-1704 "~./(£L' '< " 'r () <!;, >- iíi Exhibit C - Conditions of ApprovailMitigation"6 r; ORIGINAL -1- . --'...--.......-.......---.-'-.--......-.---.-.. .--------.- c. Sewer service must be provided to the GPA/ZC area. 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. Due to the size of the line in Wible Road, the connection for this property must be at a manhole - either an existing one or a new one constructed by the applicant. (Condition) 8. Construct Wible Road in one piece. (Condition) 9. Construct the landscaped median for the entire frontage of the development, with the exception of the portion where the west side of Wible Road has not been completed - a distance of approximately 88'. Pay to the City the median fee for that portion of median not constructed. (Condition) 10. 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. (Condition) 11. No detailed traffic study is required for this project due to the results of the traffic analysis. All development within this GPAlZC area shall be subject to the adopted Regional Traffic Impact Fee. (Mitigation Measure) 12. 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. 13. Access to Wible Road will be limited to two points of access. One driveway will be allowed along the north line of the R-2 zone change project area, and one driveway will be allowed on the southern portion of the 2.04 acre R-2 project area. CC Ordinance for 04-1704 -2 - X 'ó Alíf?> () (f' -<1 Exhibit C - Conditions of Approval/Mitigation ;:: m - r- <,) Ç) ORIGINAL 14. Provide berm landscaping along the Wible Road frontage to the satisfaction of the Planning Director. Said berm landscaping shall be incorporated into the landscape plan for the project. 15. That portion of the project proposed to be changed from R-1 (One-family Dwelling) to R-2 (Limited Multiple Family Dwelling) shall be limited to twenty-one (21) units. 16. All units must have tile roofs. 17. All unit exteriors shall have earth-tone colors. 18. All access to the project shall be from Wible Road. 19. Where center drive aisle terminates adjacent to landscaping, provide a separation treatment using walls, fencing, enhanced landscaping or some combination of said elements. The separation treatment shall be approved by the Planning Director and incorporated into the landscaping plan for the project. 20. All structures shall be set back a minimum of fifteen (15) feet from the east property line. 21. Provide evergreen trees along the east property line adjacent to the single family residence on the north side of Amber Canyon Place. Said trees shall have a minimum spacing of twenty (20) feet on center. Tree species shall be determined in consultation with the Planning Director prior to approval of the landscape plan for the project. 22. Conditions and Restrictions shall be approved by the Planning Director and recorded prior to final building inspection. Said Conditions and Restrictions shall contain the following conditions: a. All buildings shall be single story. b. The plans for construction of buildings, considered with this application and dated July 7,2005, shall be used by any subsequent property owner. c. The front elevations are to remain as shown on plans considered with this application. d. Exterior finishes shall be stucco and earth tone colors. e. All units must have tile roofs. f. All vehicular access shall be common use. g. Maintenance of access and landscaping shall be shared in common between all property owners. Access, landscaping and exterior appearance of buildings will be maintained in a consistent and attractive manner. CC Ordinance for 04-1704 - 3- X 'òAK~'9 C) <f> Exhibit C - Conditions of Approval/Mitigation :::. ~ - t- O (J 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 13th day of October ,2005 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4277, passed by the Bakersfield City Council at a meeting held on the ~day of October, 2005 and entitled: AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND UPON COMPLETION OF THE ANNEXING PROCESS AMENDING SECTION 17.06.020 (ZONING MAP 123-25) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM R-1 (ONE FAMILY DWELLING) TO R-2 (LIMITED MULTIPLE FAMILY DWELLING - 1 UNIT PER 2,500 SQ. FT.) ON 2.04 ACRES, GENERALLY LOCATED ON THE EAST SIDE OF WIBLE ROAD APPROXIMATELY 200 FEET SOUTH OF BERKSHIRE ROAD (ZC NO. 04-1704) PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield By ~~~ =to<- DEPU City lerk S:\DOCUMENT\FORMS\AOP. 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