HomeMy WebLinkAboutORD NO 4315
ORDINANCE NO.
-43 rs
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND
AMENDING SECTION 17.06.020 (ZONE MAP NO. 124-20) OF
TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE
BY CHANGING THE ZONING FROM AN A (AGRICULTURAL)
ZONE TO AN R-1 (ONE FAMILY DWELLING) ZONE ON 108.88
ACRES AND FROM AN A (AGRICULTURAL) ZONE TO A C-2
(REGIONAL COMMERCIAL) ZONE ON 1.56 ACRES
GENERALLY LOCATED AT THE NORTHEAST CORNER OF
SOUTH UNION AVENUE AND EAST PANAMA LANE (FILE # 05-
1507).
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 northeast corner of South Union Avenue and East Panama
lane, and as hereinafter described and as set forth and designated upon Zoning Map No. 124-
20 (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. 23-06 on January 19, 2006 the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve Zone Change No. 05-1507 as delineated on attached Zoning Map
No. 124-20 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 A (Agricultural)
zone to an R-1 (One Family Dwelling) zone on 108.88 acres and from an A (Agricultural) zone
to a C-2 (Regional Commercial) zone on 1.56 acres 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 December 29,
2005, in accordance with CEQA; and
WHEREAS, the SRllR (Suburban Residential/low Density Residential) and GC
(General Commercial) general plan designations for this area allows residential and commercial
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.
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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.
4. The proposed zone changes are consistent with the SRfLR (Suburban
ResidentialfLow Density Residential) and GC (General Commercial) Land
Use designations 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. 124-20
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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the
I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by
Council Ofg the City of Bakersfield at a regular meeting thereof held on
MAR 2006 by the following vote:
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ABSTAIN:
ABSENT:
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COUNCILMEMBER CO\JCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
APPROVED
HARVEY L. HALL
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
By: 1~,7fNfr
Exhibits:
A. Conditions.
B. Zone Map 104-08
C. Legal Description
PAMELA A. McCARTHY, C
CITY CLERK and Ex Officio lerk of the
Council of the City of Bakersfield
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2/13/2006
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EXHIBIT "A"
Zone Change 05 - 1507
CONDITIONS OF APPROVAL
PUBLIC WORKS
1. Prior to approval of any development plan, improvement plan, or application for a lot line
adjustment, the following shall occur:
1.1. Provide fully executed dedication for South Union Avenue and East Panama Road to
arterial standards for the full frontage of the area within the Zone Change request.
Provide full width dedication for Sparks Street as a collector for the full depth of the area
within the ZC request. 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 ZC area is submitted, dedication can be provided with the map.
1.2. For storm drainage, only 1 sump will be allowed to serve the entire ZC area. This sump
must be located on the periphery of the ZC area so that additional area may be served.
The City's policy is no more than one sump per 80 acres of residential development.
1.3. Sewer service must be provided to the ZC area. The developer shall be responsible
for the initial extension of the sewer line to serve the property. This sewer line must
necessarily be sized to serve a much larger area that the project area. The City is
willing to aid the developer in the formation of a Planned Sewer Area and/or an
Assessment District to provide a mechanism for the reimbursement of oversizing costs
to the developer.
1.4. In order to preserve the permeability of the sump and to prevent the introduction of
sediments from construction or from storm events, all retention and detention basins
(sumps) shall have a mechanical device in the storm drain system to remove or
minimize the introduction of oil, grease, trash, and sediments to the sump. This device
shall be reviewed and approved by the City Engineer, and shall provide the greatest
benefit to the storm drain system with the least maintenance cost.
2. The design of the subdivision must accommodate a street connection at Garber Way
3 The entire area covered by this Zone Change 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 ZC area.
4 Payment of median fees for the arterial frontage of the property within the ZC request is
required prior to recordation of any map or approval of any improvement plan for the ZC area.
5 The Panama Lane crossing of the Kern Island Central Branch Canal needs widening. Developer
shall pay their proportionate share of the cost and shall aid in the formation of a Major Bridge
and Thoroughfare District for the widening of the crossings.
6 Panama Lane at Union Avenue will be an expanded intersection. Additional dedication is
required per city standards.
CITY ATTORNEY
7. 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
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Exhibit "A"
ZC 05-1507
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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
8. Within five months of the effective date of this zone change, the applicant shall submit an
application to the City to amend the B-2 zone of the Kern County Airport Land Use Compatibility
Plan (1996) (ALUCP) from 10,000 feet to 7,000 feet which will remove the project site from the
B-2 zone. The applicant will pay application fees and all costs for required studies.
If the amendment application is not submitted in five months or the amendment to B-2 zone
change is denied, the Planning Director may initiate a zone change to revert the zoning in the B-
2 back to a zone designation compatible with the B-2 zone.
9 Prior to recordation of any phase of any future tract that abuts the Kern Island Central Branch
Canal, a six foot high block wall shall be constructed on the western easement line of the Kern
Island Central Branch Canal. This wall shall be the sole responsibility of the property owner,
including upkeep and/or additional improvements. There will be no access of property via the
Canal Right of Way.
Condition requested by Kern Delta Water District.
10. Prior to recordation of any tentative subdivision map submitted for the zone change
area, the subdivider shall provide written confirmation from the Department of Conservation's
Division of Oil, Gas, and Geothermal Resources (DOGGR) to the Planning Director stating that
all oil wells are accurately depicted on the proposed final map (map to be attached to letter) and
have been leak tested and abandoned to the satisfaction of DOGGR.
Police power based on public health, welfare and safety.
MITIGATION MEASURES
Air Qualitv
11. Prior to issuance of building permits within the project area, the developer shall obtain a letter from
the SJVAPCD confirming that the proposed use of the C-2(Regional Commercial) zoning area will
not create an objectionable odor or hazardous air pOllutant. 'òAKt.
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ZC 05-1507
Page 3 of 3
Mitigation measure recommended by "Air Quality Analysis for Santa Barbara Capital, Revision 1 ",
Joe O'Bannon, Air Quality Consultant, September 27, 2005.
12. No wood burning fireplaces or heaters will be permitted in any residences of future tract maps
that result with the approval of this zone change.
Mitigation measure recommended by "Air Quality Analysis for Santa Barbara Capital, Revision 1 ",
Joe O'Bannon, Air Quality Consultant, September 27, 2005.
Cultural Resources
13. 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 recommended by "A Phase I Cultural Resource Survey for a Residential Project
at Panama Lane and South Union Avenue, City of Bakersfield, California", Hudlow Cultural
Resource Associates, January, 2005
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ZONING MAP 12.-20
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EXHIBIT "C"
LEGAL DESCRIPTION FOR
PROPOSED ZONE CHANGES
PROPOSED C-2 ZONE
THE SOUTH 247.00 FEET OF THE WEST 274.75 FEET OF SECTION 20, TOWNSHIP
30 SOUTH, RANGE 28 EAST, M.D.M., KERN COUNTY, CALIFORNIA.
CONTAINING l.S6 ACRES, MORE OR LESS.
PROPOSED R-1 ZONE
THE SOUTH HALF OF THE SOUTH HALF OF SECTION 20, TOWNSHIP 30 SOUTH,
RANGE 28 EAST, M.D.M., KERN COUNTY, CALIFORNIA.
EXCEPT THE SOUTH 247.00 FEET OF THE WEST 274.7S FEET THEREOF.
ALSO EXCEPTING ALL THAT PORTION OF THE SOUTH HALF OF THE SOUTH HALF OF
SECTION 20, 'TOWNSHIP 30 SOUTH, RANGE 28 EAST, M.D.M., KERN COUNTY,
CALIFORNIA, LYING EAST OF THE WEST LINE OF THE CENTRAL BRANCH CANAL,
SAID WEST LINE DESCRIBED AS BEGINNING AT A POINT ON THE NORTH LINE OF
SAID SOUTH HALF OF THE SOUTH HALF FROM WHICH POINT THE NORTHEAST
CORNER THEREOF BEARS S89°30'SS"E, 16S2.60 FEET; THENCE S4°50'38"E,
470.55 FEET AND S3°41'2S"W, 8S3.83 FEET, TO THE SOUTH LINE OF SAID
SECTION 20.
CONTAINING 108.88 ACRES, MORE OR LESS.
DELMARTER AND DEIFEL
ames K. Delmarter
R.C.E. 17564 Expires: 6-30-2007
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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 ---ª1b... day of March, 2006 she posted on the Bulletin Board at City Hall,
a full, true and correct copy of the following: Ordinance No. 4315 passed by the
Bakersfield City Council at a meeting held on the 8th day of March,2006 and entitled:
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING
SECTION 17.06.020 (ZONE MAP NO. 124-20) OF TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM
AN A (AGRICUTURAL) ZONE TO AN R-1 (ONE FAMILY DWELLING) ZONE
ON 108.88 ACRES AND FROM AN A (AGRICULTURAL) ZONE TO A C-2
(REGIONAL COMMERCIAL) ZONE ON 1.56 ACRES GENERALLY LOCATED
AT THE NORTHEAST CORNER OF SOUTH UNION AVENUE AND EAST
PANAMA LANE (FILE #05-1507)
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
BY:~ tQ¡¡ t~J {
DEP TY Cit Clerk
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