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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. -1 - « ~1\K<:-9 o ~ >- - I- m - T- o <::> ()RIr.INAI 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. ---------000-------- - 2 - ~ 'Q/lKé'~ o ~ >- - >- m _ r- Ù Ö ()Rir,INAL 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: ~ 'i<lOES: ABSTAIN: ABSENT: ./ v V ,./ V l~" .-/ 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 Elisheva I S:lZoneChangeI05-1507ICCI05-15070ZC-CC.DOC 2/13/2006 -. ~.. ...-.---..----.-----.--...,..-. ....-------------..---.-. - 3 - ~ <òMC1 C) ~ >- - ¡.- m _ r- C> () ORIr,lNAL 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 By elisheva S:lZoneChangeI05-1507\CCI1507ExhA.DOCI 2/13/2006 'i!>M$-9 ~ ~ >- - ", '::; r--. " c::> . ORIGINAL --~ "_--~_"_---~"'~'-'-_'---<--,....----- Exhibit "A" ZC 05-1507 Page 2 of 3 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. By elisheve S:\ZoneChangeIOS-I507\CCIIS07ExhA.DOC\ J 1& 2/1312006 '<' . ñi .- r-- , C:> ~QIr,INAl. ._. ._~_.'·'M~~.___~_____._._~__~.__ ,_. ___.__________~ Exhibit "A" 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 By elisheva S:\ZoneChengeI05-1507\CCI 1507ExhA. DOC\ 2/1312006 ~ 'ò/>dí<:,., Q q >- ¡-- Õ ( ORI(;IMA' , ~ ~ ~:I:I ~ ~ ~ ~ I.C) or- I I.C) o W C> ~ ~:I ~ ~ GG J: ~ . () ~3GGGG~': :2jæ~' ~ 3 ; i ~ ~ ~ ~ EXHIBIT "B" < ~ < < z .. ~ 8 w ;~~I - 1Io~ . ¡¡¡ I ~ < ~ ~ ~ ~ !!! ~ ~ ... ~ ~ ~ < ., w ~ 3 3 ~ ,- 3nN '" NOI ;¡: ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ I I --.--. ,.¡ OlD N~ , a:: ""It N ~ ø.. . .---- cl........ . _«0 ... ... --:~ò-' .... " "'e> Z I5Z~ "'0' 5N~ .. .-..-... ....._- .-.--.-- ... ... EXHIBIT "B" ..._.,.~... __._"",:",._.,.:. ..'::"':'.-"'___n~·'-..;..r....:.:.:~~--"""'" i Ii ¡. 0 31 ~; .. " gv ~~i_ .hi ffi I !~~ CI ., . "'I i, ..J !. I E- I íi -Ii . - ~I 9§ I '.' . ¡¡ . . . i~ III I . ; I i II h ~ ~ w I ¡ ¡ ; II ~I"B~·" I~ 'I Id.~~hi!¡~Hlh Ul ~I!I 12 ; !11!li'¡híJÞ~iS~ ",I ¡. I'!,I t ! e. ª~~:~~~. ~¥rlh~ ylH ;¡ii8.~1 ¡ ¡r,i..j!;:;\tit!:. 2 ,. 1"'4":2 I~.I ¡[ KId ...§!~~jj í,'s ~!!I! ë l~ì ~I h~!-'! n "æl H ~ i H ! ·0 .;' i! ~ ", a " ~ t "I. 0 ~ ~ ~ 01 i ~ ~ h It;" . i!!! i!! . t!... _ ~_;. a ~.. "'" ~ '" U ~ i i ¡ , ;.1 m H¡~HWtn~hhdluo.ml ~.sl t - . I '- I i , . 0 .qt ?; ~, . . I ~ 00 ¡~~ :t¡~ ~ t :~t~~~~¡;SI..!..~'ot=t~.=1 . /d;~iF>:.., ..'~: · ,.., ZONE CHANGE 05-1507 -.... - - .. -- . ",---., -. --:-:". " ! . ,~ '1'11 ." .., I . + + ....__. .1 I . , .,. i .. I I ____'-__-'-_..J....:. . ,______J .1 ..' .,' , 1 , I If i I J ., .. ~, .r I .,-....... :::-.. -...;:: ~.~.._.. - .~,---- .'::__:::_:~::::--t'tt- ~:-. .......... .-. :.. - -:TT"i'it"CiÏ ~ 1 r' '. r if· 'I' ¡¡ ¡¡ i! ¡¡ it .0: ¡¡ ~ 0 · it " , ~ " ...."... 0 nr] · ~ ;¡ · . · I ¡¡ ¡¡ i! ,. . . I ~ 0: · it % ~. 'h ;¡: iE i! ~ i! < iI ¡¡ ¡¡ it ß ;¡ ~ ¡¡ ;¡ ¡¡ '. ~ it ¡¡ ó h . I'I! ~ ~ il 0 < ¡II . " :; rN ¡ ¡ :~ ¡ :; It ~M';: ¢. .. j<' -... - ';:. .r .., - "1 C> 'r ORIGI~II ZONING MAP 12.-20 --".- ~.._--~_.~ - -----"~-~-~...- . --_._-----"-----~ ~.._--_.~_., 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 ~ ~~líê'9 o ~ >- - I- m _ r- o () ORIGINAL a:: o >- :; w I > ¡;¡ a:: I ::;) ¡¡Inj;¡ é U1 8~~~ ~~ 8J ~~.~ g~ ~ ~~§<o ~ ,¿~ ô rcs! I¡I~~ ~ 8~h"\Š .,.-.--.----... EXHIBIT "G" II ~ J L , ~ TL"Ol:£L 3 &UUION -' . . c =-, ,I (£9 ~ 8~ 'ON lJtI ·0:1) OVOtl (]()QMNOilO:l II II .CK:-J ... II II ~ "5wo II oil" ~II ~NN ~ .c,-II'! ~I I ' I ~ æœ.... II II II II .~, ...' II H04~' ~ 470 I . 'CIìIiI M.'. II II ~I I ~I I II II II II II II II II II II I II .. II ~ wo 15" !!II Niij -¡cd ~ œ~ ~I I'" I I~ I I~ Iii II II II II II II II .om' I I f1 ... ) I'-'··~II ~ ;: -I g.¡.,j I 1-_..L_____..1_ ,6Ç"·...LO~ 'ltt I ,&Ç'LttL 3,.Lt-,IK:.CIOtt I \ ¡¡ = ~ ; ~ ~ ~ ; ¡ !í1 á! ~ ~ .. ~ ¡ .. ~ 'Qf'.K¿:1 () ~ >- ~ r- rn _ r- Ù C ORIGINAL (09£Z: if L6 ON ,Ot! 0:1) 3nrGW NOtNn Hinos ~ 0 N" N:g I' u- 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 S:\DOCUMENTlFORMSIAOP. ORD. wpd -~-"~.. " .~----- "'--."--'---.'-' ~ 'òM£1' o ~ >- - .... m _ r- c.J C:> ORIGINAL