The URL can be used to link to this page

Home My WebLink AboutORD NO 4286 ORDINANCE NO. ~ 2 8 6 AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONING MAP 124-17) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM M-3 (HEAVY INDUSTRIAL) TO R-2 (LIMITED MULTIPLE FAMILY DWELLING) ON 22.6 ACRES, GENERALLY LOCATED AT THE NORTHWEST CORNER OF PACHECO ROAD AND COTTONWOOD ROAD (ZC NO. 05-0412). 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 at the northwest corner of Pacheco Road and Cottonwood Road; and WHEREAS, by Resolution No. 128-05 on September 15, 2005, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 05-0412 as delineated on attached Zoning Map 124-17 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 restated 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 M-3 (Heavy Industrial) to R-2 (Limited Multiple Family Dwelling) on 22.6 acres, and the Council has considered said findings as restated herein and all appear to be true and correct; and WHEREAS, a Negative Declaration with mitigation was advertised and posted on August 19, 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 concurs with the following findings made by the Planning Commission as set forth in Resolution No. 128- 05, adopted on September 15, 2005: 1. All required public notices have been given. 2. The provisions of the California Environmental Quality Act have been followed. (' 1m ,:...,' 1 . ::-:+ '..'-'- .-"'-'~-'~----"'--------'~-"'-----"""------'------"---- 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 Negative Declaration was prepared for the project in accordance with CEQA. 4, The proposed project is consistent with surrounding uses. 5, The proposed project, as shown on Exhibit "A," is consistent with the Metropolitan Bakersfield General Plan. 6. The public necessity, general welfare and good planning practices justify the requested zone change, as shown on Exhibit "A." 7. 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 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 minimis" exemption in accordance with Section 711 of the State of California Fish and Game 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 Negative Declaration for this project. 8. 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 and the Planning Commission. 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 124-17 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/Conditions of Approval" listed in attached Exhibit "C", subject to approval of GPA No. 05-0412, 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--------- 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 DEC 1 4 2005 by the following vote: z...---- ¡,....- t..-- 1.---' "":¡"YEi! COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER NOES: COUNCILMEMBER ABSTAIN: cOUNclLMEMBER AE¡§E."10 cOUNclLMEMBER '''~.,;i-c ., ..-- -~ MC CITY CLERK and Ex Offic Clerk of the Council of the City of Bakersfield APPROVED DEC 1 4 2005 HARVEY L. ALL Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney By: I3j}fßÚm ~¡ Exhibit A - Zoning Map 124-17 B - Zone Change Legal Description C - Mitigation/Conditions of Approval PH - S:\GPA 3rd 2005\05-0412\Resolutions\CC zc Ordinance.doc 3 _ ~ ...-.._.....L.,.__.._.._.._._...... _.. _~______._.~.._._____...._._.___"' Exhibit A Zoning Map 124-17 1- 1"-; _N I of. '¢ N - I - I i Ii ; . §i !§ , ¡ n II!I I:' I 'i '. Ii Ii 3 ~ i ~ ¡ I I M II! h¡!¡!i!ïs!lh u! ~¡ IiJ! I , ¡I "'III~IIII":¡~.n~ I~I! .i¡ Ulillll lv' Ii ji=r.it~fll!:I:II!~1 ,,~Ii UMI .¡ i #lâ§~!~~h!·!I~~8~iE i 3IiÎI¡~~H;I~='1 !:ð¡v 1.-iii!ls...e;¡,¡II· sll"'i:¡!II~ i:!~1 IJ"M iHI ¡dlii!!!HH! n~~~hln !lIiI ~¡¡hi ~ I ¡I~" 2 ' ""If I :1,:",* CS Q 3 -,. .. "'-' " .." -r"'!' '''-'':' ~ ! ::Ia";-~Yv':'r' .. ~ s: ca.... ..." 41=... ....... .. .. lI:.uv.uu....S......v 01........... :6: 9~.. æct:¡¡ ~:EI-' ... " i!!C) ..Z °Z!:: >-0 . 5NW ZONE CHANGE 05:.0412 .-~ .. .. -- -- . h :~ I I. ~, ill I I ¡ . ,"~ ~". :0 . j~, ". ':,i~ '~'. .. ,', -;;;e¿' , · -.., I i: ; , -" .. " ~ ,¡, . . · ~ - Q . ~ " . , , , ¡ . ¡ " ,¡, g II ~ .. . =, . II · 0:> r------:-- ; â ,. !I!II t I i·--· ·1 · I .. I¡~I; i ¡-~l I '" ¡iiUI ni ¡in· I I .hil + ~ , ."u .... ... ..-,-_., ZONtNG iIo1of.P 124-17 ~ ...---.....-.__..._.-.--_._---_._._--,.--..._.,-~-_.~--'_._.- .,-,----"~_._.. Exhibit B Zone Change Legal Description Legal Description for Zone Change M-3toR-2 A portion of the Southeast Quarter of the Southeast Quarter of Section 17, T. 30 S., R. 28 E., M.D.M. lying outside the B-1 Flight Zone for the Bakersfield Airpark, being in the City of Bakersfield, County of Kern, State of California, more particularly described as follows: Commencing at the southeast corner of said Section 17, monumented with 2" filled iron pipe with brass tag marked RE3471, the monumented southeasterly end of runway of said Bakersfield Airpark, bears N 41° 42' 18" W, 4415.58 feet from said corner, thence N 89° 28' 48" W, 1314.90 feet to the southwest corner of said Southeast Quarter of the Southeast Quarter; thence N 00° 31' 30' E, along the west line of said quarter, 184.51 feet to a point on a curve the center of which bears N 27° 39' 18" W, a radial distance of 3500.00 feet to said runway monument; thence northeasterly along said curve through an arc length of 1357.51 feet to the end of said curve; thence N 49° 52' 40" W, along a radial of said curve, 443.74 feet to a point on the north line of said quarter; thence S 89° 28' 46" E, along said north line, 611.97 feet to the centerline of Cottonwood Road and the east line of said quarter; thence S 00° 29'27" W, along said east line, 1321.55 feet to the point of beginning. containing 22.617 acres, more or less. ~~.;.. EXHIBIT C Mitigation/Conditions of Approval General Plan Amendment/Zone Change No. 05-0412 Cultural Resources: 1. If cultural resources are encountered during construction, a qualified archaeologist shall be retained by the developer to evaluate the significance of the resources and to formulate a mitigation program if necessary. The archaeologist shall coordinate with the City of Bakersfield Planning Department. 2. If human remains are discovered during grading or construction activities, work would cease pursuant to Section 7050.5 of the California Health and Safely Code. If human remains are identified on the site at any time, work shall stop at the location of the find and the Kern County Coroner shall be notified immediately (Section 7050.5 of the California Health and Safety Code and Section 5097.98 of the California Public Resources Code which details the appropriate actions necessary for addressing the remains) and the local Native American community shall be notified immediately. Residential/Industrial Interface: 3. An 8-foot tall masonry wall (measured from the finished grade of the abutting residential lots) shall be constructed along all residential property lines which abut industrially zoned property. These walls shall be included on all applicable subdivision maps for the GPAlZC area and shall be constructed prior to the recordation of each affected phase. This wall shall not interfere with any easements and shall not have any gaps or openings. 4. Prior to recordation of any final subdivision map within the GPAlZC area, the applicant and/or property owner shall apply for and obtain approval of a GPAlZC to designate and zone the balance of the subject property (Assessor's Parcel Number 172-070-03) LI (Light Industrial) and M-1 (Light Manufacturing), respectively. 5. Subdivision design along the northern boundary shall include a buffer to separate future residences within the GPAlZC area from the M-3 zone. The buffer may include a combination of walls, landscaping, street access, sump, minimum lot widths and/or depths, or other features approved by the Planning Director. The buffer shall provide no less than a 100-foot setback between habitable residential structures and the M-3 zone boundary. Public Works: 6, Prior to approval of any development plan, improvement plan, or application for a lot line adjustment, the following shall occur: ~ ~"-"------'--'--------"~"------"-'-'- Exhibit C GPAlZC No. 05-0412 Mitigation/Conditions of Approval a. Provide fully executed dedication for Pacheco Road and Cottonwood Road to arterial and collector standards for the full frontage of the area within the GPAlZC area, 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. If a tentative subdivision map over the entire GPAlZC area is submitted, dedication can be provided with the map. b. This GPAlZC area is too small to support its own storm drainage sump, For storm drainage, only 1 sump will be allowed to serve the entire GPAlZC area, This sump must be located on the periphery of the GPAlZC area so that additional area may be served, The City's policy is no more than one sump per 80 acres of residential development. The developer shall cooperate in the formation of a Planned Drainage Area over the north half of the section. c. Sewer service must be provided to the GPAlZC 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. 7. The entire area covered by this GPAlZC shall be included in the Consolidated Maintenance District. The applicant shall pay all fees for inclusion in the Consolidated 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 the GPAlZC area. 8. Developer shall pay median fees for Cottonwood Road within the boundaries of the GPAlZC area. The payment of these fees may be phased to match the construction phasing of the project. 9. If it becomes necessary to obtain any off site right of way and if the developer is unable to obtain the required right of way, then he shall pay to the City the up-front costs for eminent domain proceedings and enter into an agreement and post security for the purchase and improvement of said right of way, 10. Prior to the issuance of any building permit, the developer shall pay the applicable Metropolitan Bakersfield Transportation Impact Fee to the satisfaction of the City of Bakersfield Public Works Department. Page 2 of 4 ~"." "-_. "'"-'-"---."--..-- .....,---~-_.._-----,-_.--. "'-'-".'--"'+"-'-'--"~-"""-'-'-'-_." Exhibit C GPAlZC No. 05-0412 Mitigation/Conditions of Approval Bakersfield Municipal Airport Compatibilitv: 11. With the recordation of final subdivision maps within the GPAlZC area, overflight easements shall be granted to the City of Bakersfield for all residential lots, Overflight easements shall grant all rights deemed necessary by the City of Bakersfield to ensure that the development of said property will neither impede airport operations nor result in flight hazards, including but not limited to the following: to make flights and associated noise in airspace over said property; to regulate or prohibit the release of any substance into the air which might interfere with aircraft operations; to regulate or prohibit light emissions which might interfere with pilot vision; and to prohibit electrical emissions which might interfere with aircraft communications systems or aircraft navigational equipment. 12. With the recordation of final subdivision maps within the GPAlZC area, a notice shall be recorded on the deeds of all residential lots disclosing that the properties are in an area subject to aircraft overflights, and as a result, residents may experience inconvenience, annoyance and discomfort arising from the noise of such operations. The notice shall also state that State law establishes the importance of public use airports for the protection of the public interest of the people of the State of California and that residents of property near a public use airport should, therefore, be prepared to accept such inconvenience, annoyance and discomfort from normal aircraft operations. Citv Attornev: 13. 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. Page 3 of 4 Exhibit C GPAlZC No. 05-0412 Mitigation/Conditions of Approval 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, Page 4 of 4 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 15th day of December, 2005 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4286 passed by the Bakersfield City Council at a meeting held on the 14th day of December, 2005 and entitled: AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONING MAP 124-17) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM M-3 (HEAVY INDUSTRIAL) TO R-2 (LIMITED MULTIPLE FAMILY DWELLING ZONE) ON 22.6 ACRES, GENERALLY LOCATED AT THE NORTHWEST CORNER OF PACHECO ROAD AND COTTONWOOD ROAD (ZC NO. 05-0412) PAMELA A. McCARTHY City Clerk and Ex Officio of the Council f the City of Bakersfield S:\DOCUMENTlFORMS\AOP. ORD .wpd ~~fI.I(q.-5' () '-!;. >- - ¡-- m _ r- tJ C:1 ORlr.INAL