Loading...
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. -1 - 'òf>..K~1 ~ ~ >- - .... rn _ r- v c "qIGINAL 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. --------000--------- - 2 - ~ ~f>.KÆ'~ () t >- >- , õ ' 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: L- L. /;,,~~ l--.ö..l.,P': NOES: ABSTAIN: ABSENT: v 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 1/30/2006 - 3 - 'òMS'-$J J ~ >- m ~ r- '"' t:> 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 By alishave S:\ZoneChangaI05-1190ICC\ZC 05-1190ExhA.DOCI 1130/2006 X 'òAK~1> o <!; >- .... J! Õ c::, 0RIGINAL o 0') T""" T""" I L{) o W C!) z « J: ü W z o N Ñ N <.0 <.0 t- O ~ t- W > - ~ I- Z W t- C!) Z - t- en W > J '>' ~\ a ~ ~ ~ ~ ;'f ~ ;'f a) < ~ :I "' EXHIBIT "B" ;'f < ~ ~ ~ ~ ..... ~ ~ ~ < < ;'f " "~ ' , , , ;'f ;'f " -::::- ,~, "~, ;'f ---,,~,,----------- ~~~, ~~ ~~, :-\~, ~, ~ ci ~ ~ ci ~ ~ ~ ci ~ ~ ;'f ;'f a) ~ ! § ~ ~ z ..a'~þ.~ &!_i en . ;,.. 0 ':;:. û (,\~Ir,IN~ to.. O~ , « <; ' o 9a..... '!!<{oo .....,N :ç~~ W ~ ~C> ..Z °Z~ "'Ou oNI:i ! ~~ ~~ ~ ÈI ~ ~I w, §I ~ . £ í t ;~ . ~ ~ ~ ~ " .. !~i~~_'" £ ~ ~ :II % I! ::» 1__=;. ¡.; ;¡ ô..:, ... r, ! ;2 ~ Ii", .., ~ ~ . ..... ~"'",~l ~~ ~.'f t ~ t." ï...~"'E:.~ '" .. -;~Y~2 ~'I~ 'Ií £ ï....e.. "!ô!;l-~t:~! ~ ¡t£....f:. ~.,,,, 1...· ab ;t..ctt::!...i~'-",~ ..., t !!>~~"': ;¡i;&!~f:~:~:: ~,;:t.;,! ...~!~ !. ;; :~ .",~ ~.,,!:::,;:~.::~~_~~·:!::~;_~~!k~~ li! ~ ~1~ "!' ~~!!"i~t!;~,..:-.;"~î:i~ l::ï't. ...~ ...--,tt;¡l~ (.> .... .,~-.,~~!f<· J ~!I:~ ..._4' "'~:"<" ...;:¡w~ ...-'-';:1-',..=-,,::"'..... ;,,~...,.fj.,,;....!.I '::1...~. t'l! .~~ ~ ~ ~.~i ~! '.:~ :'~í~ ~~ ~;;~ a "i o\;~ ~¿;;~g ~ ~~ ~ i~:i '='~z¡J'..~..':",=~..,;z-Þ:~':....::~·ZJ'..'=~,¡O:1:i~<>§ß ,;-::'" :í:~lr~i~!~7l;i~l~štt~:~:~~~~V~:t...~t~!~ !~~ ..: ,. ~ ... ,;,.... ...... . .. " ;¡ 'L ~ .. ::t~:~~;;sr4:&~ÿa~:~~~~~i EXHIBIT "B" ZONE CHANGE 05-1190 60. ~o,' ...., _!i J I ;¡r~ '.' 1..1 i~· -rV :r.f r:;f !~~. '. ¡';';"'" :;,:; ;~~ ._..~~, It 111- :~ ~l~;"- :1 ~{¡ 1'<.;= i rl"l ~ ts 'II! ..¡-..; n· -b.: ~..... ~ ..I ~~~ ¡"f....r, r~t· .!~ Jtl!ì ,~,:: f~i F.~i :t: ;il~ ·~i .!', ¡~~;j )1 P4~ ~'~ ¡¡;¿ ...t ~..~t. ~~. i5i1~ ~ a !';u::-< .; ,",;, ; -~,-. - ! '1')1. - ,__mn_ ~-ª~"l nt 1 ~ u ----------------------- I I ~____________J . ~ . ;; . I . I I l - - -- - J . ~ + --------- 'I .1"-'-';'" '.. -.' ~ -'" N ., '" c(... ~.x '0 II}.... 0:: I !, . ~. I ~ .. , i l . r ~ . ~ ~ ,¡¡; , ~~ ~.£ ~~ ~.iE {- I , ~I I ¡ ~ I. q¡. x ~¡.. ,t:"" . u MAP 104 . 08>- I- Õ r ORIGINAl 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. r".~p-L LA!'h :--.." _'~v.· - "::<~"'2\ ~"':) .,~ \::. 1\..¡O,..':'....~··"..c.' ":<; ~ \ ./:;.~:>. '...~::::.. I'Z~··". "'.\ . a '" ""\'..:z. r:r: ¡ L.S.7268 \ 0) 0-\ J=O ¥ \ EXP. I ).() 0. ~(yJ >" I ú'~/..", /4.,.. ,./ ~::::.; "It: ~::'" ~ OF CÞ,L\t:·,.:~ X 'òM~"Î'ú' C) ..,.. ;:.. ¡:¡ I- ,... ã ,(:) ORIGINAL SCALE: 1"=200' PARCEL 1 PARCEL MAP 6496 M.s. 24 PG eo EXHIBIT "C" LEGAL DESCRIPTION SHEET 1 OF 1 N89'5S'3S"E 989.32' 82.51 494.S9' z z z 0 0 0 0 0 0 d d d '" "? ~. N89'56'OS"E 329.S2' PARCEL 3 - pARCEL 2 MAP 2669 . :i ~ PARCEL ::E pARCEL MAp 2659 M.S. 12 P13 64 ~ M.S. 12 P13 64 '" '" '" ~ " " 0 !" 0 '" ...., ~ 0_ 'l z o o d 00. uo ~ :i 0> 0> o U1 "'. PARCEL 1 PARCEL MAP 2659 M.B. 12 P13 54 411.05' z o o d 00 <F "'. ~ '" '" !" uo ". 412.12' N89'55'40"E 1317.86' 494.69' ~"'K '9 J ~ >- - IT, - .- V c 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 S:\DOCUMENT\FORMSIAOP.ORDwpd ~ 'òAlíf'~ () ~ >.. - ... m - r- (.) () ORJr,INAI ,_"_ _.···.·"·'·H·__~···_·. ..__._._,~_ ...._______.