HomeMy WebLinkAboutORD NO 4313
ORDINANCE NO.
4SIS
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND
AMENDING SECTION 17.06.020 (ZONE MAP NO. 104-08) OF
TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE
BY CHANGING THE ZONING FROM AN R-S-2.5-2.5A
(RESIDENTIAL - 2.5 ACRES) ZONE TO AN R-1 (ONE FAMILY
DWELLING) ZONE ON 34.982 ACRES GENERALLY LOCATED
AT THE NORTHEAST CORNER OF VINELAND ROAD AND
PALADINO DRIVE, (FILE # 05-1190).
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 at the northwest corner of Vineland Road and Paladino Drive, and
as hereinafter described and as set forth and designated upon Zoning Map NO.1 04-08 (Exhibit
"B") incorporated within and made part of Title Seventeen of the Bakersfield Municipal Code,
more thoroughly described in attached Exhibit "C"; and
WHEREAS, by Resolution No. 217-05 on December 1,2005 the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve Zone Change No. 05-1190 as delineated on attached Zoning Map
No. 104-08 marked Exhibit "B", 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 an R-S-2.5
(Residential Suburban - 2.5 Acres) zone to an R-1 (One Family Dwelling) zone 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 was advertised and posted on November 10,
2005, in accordance with CEQA; and
WHEREAS, the LR (Low Density Residential) general plan designation for this
area allows residential development; 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 (CEQA) have
been followed.
3.
The public necessity, general welfare and good zoning practice justify the
requested change of zone from the existing zoning district to an R-1 zone.
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4. The proposed zone change is consistent with the LR (Low Density
Residential) Land Use designation of the Metropolitan General Plan for
the subject site.
5. The project, as conditioned, is consistent with the goals and policies of all
elements of the general plan.
6. The conditions of approval, attached hereto as Exhibit "A" are needed to
provide for orderly development, and the public health, welfare and
safety; and
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
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 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.
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. 104-08
marked Exhibit "B" 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 conditions of approval
listed in attached Exhibit "A".
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.
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ORIGINÞ
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
F"F"R 2 9. ,nnr; by the following vote:
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ABSTAIN:
ABSENT:
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COUNCILMEMBER COUCH. CARSON, BENHAM, MAGGARD. HANSON. SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
~i1.
PAMELA A. McCARTHY,
CITY CLERK and Ex Offici Clerk of the
Council of the City of Bakersfield
APPROVED
FES 2 2 2006
HARVE l. HALL
Mayor of the City of Bakersfiel
APPROVED as to form
VIRGINIA GENNARO
City Attorney
By: /f!d;cd;rn ~
Exhibits:
A. Conditions.
B. Zone Map 104-08
C. Legal Description
Elisheva I S:lloneChangeI05-1190\CCIlC 05-1190 OlC-CC.DOC
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ORIGINAL
EXHIBIT "A"
lONE-CHANGE 05-1190
CONDITIONS OF APPROVAL
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.
PLANNING
MITIGATION MEASURES
Bioloaical Resources
2. During the period of February 1 to September 1, any trees removed from the site are subject to
the Migratory Bird Treaty Act and the California Fish and Game Code mandate for avoidance of
nesting birds, and a clearance survey must be performed prior to removal. The property is
subject to all provisions of the Migratory Bird Treaty Act and the California Fish and Game
Code, regardless of tree removal date.
Recommended mitigation measure from "Biological Constraints Analysis for the New Paladino
at Bakersfield property (Tract 6622)", Impact Sciences, August 2005
Cultural Resources
3. If during construction activities or ground disturbance, cultural resources are uncovered, the
subdivider shall stop work and retain a qualified archeologist for further study. Subdivider shall
notify the proper authorities and be subject to any mitigation measures required of the archeologist.
Mitigation measure as recommended by "A Cultural Resource Survey for a 33.331-Acre Parcel
Between Bella Drive and Paladino Drive in Northeast Bakersfield, Kern County, California",
Archeological Associates of Kern County (AAKC). July 2005
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EXHIBIT "B"
ZONE CHANGE 05-1190
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ZONING
EXHIBIT "C"
LEGAL DESCRIPTION
Parcell, 2 and 3 as shown on Parcel Map No. 2659 in the City of Bakersfield, County of
Kern, State of California, as per Map Recorded December 10,1974 in Book 12, Page 54
of Miscellaneous Records (Maps), in the Office of the County Recorder of said County
Except therefrom Parcell of Parcel Map No. 5486 in the City of Bakersfield, County of
Kern, State of California, as per Map Recorded December 20, 1979 in Book 24, Page 80
of Miscellaneous Records (Maps), in the Office of the County Recorder of said County.
CONTAINING:
34.98 Acres, rnore or less.
SUBJECT TO:
All covenants, Rights, Rights-of-Way and Easements of record.
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EXHIBIT "C"
LEGAL DESCRIPTION
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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 23rd day of Februarv, 2006 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4313 passed by the
Bakersfield City Council at a meeting held on the 22nd day of Februarv, 2006 and
entitled:
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND
AMENDING SECTION 17.06.020 (ZONE MAP NO. 104-08) OF
TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE
BY CHANGING THE ZONING FROM AN R-S-2.5-2.5A (RESIDENTIAL
- 2.5 ACRES) ZONE TO AN R-1 (ONE FAMILY DWELLING) ZONE
ON 34.982 ACRES GENERALLY LOCATED AT THE NORTHEAST
CORNER OF VINELAND ROAD AND PALADINO DRIVE, (FILE #05-1190)
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
,
ByJ<.J ~ 1~("
DEPUTY . Y Clerk
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