HomeMy WebLinkAboutORD NO 4318
ORDINANCE NO.
'43fS
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION
AND AMENDING SECTION 17.06.020 (ZONE MAP NO. 104-07)
OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL
CODE BY CHANGING THE ZONING FROM R-S-2.5A-HD
(RURAL SUBURBAN 2.5 ACRE- HILLSIDE DEVELOPMENT)
TO R-1-HD (ONE FAMILY DWELLING HILLSIDE
DEVELOPMENT) ON 16.08± ACRES AND R-S-2.5A (RURAL
SUBURBAN 2.5 ACRE) TO R-1 (ONE FAMILY DWELLING) ON
17.26± ACRES (FILE NO. 05-0780).
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 north of Paladino Drive, east and west of the Morning Drive
alignment, as shown on attached Exhibit "B;" and
WHEREAS, by Resolution No. 10-06 on January 5,2006 the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve Zone Change No, 05-0780 as delineated on attached Zoning Map
No. 104-07 marked Exhibit "C", 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 R-S-2.5A-HD (Rural
Suburban 2.5 acre- Hillside Development) to R-1-HD (One Family Dwelling - Hillside
Development) on 16.08± acres and R-S-2.5A (Rural Suburban 2.5 acre) to R-1 (One Family
Dwelling) on 17.26± 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 23,
2005, and again on January 4, 2006, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows for low density
residential development; and
findings:
WHEREAS, the City Council has considered and hereby makes the following
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 from R-S-2.5A-HD (Rural Suburban 2.5 acre- Hillside
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Development) to R-1-HD (One Family Dwelling - Hillside Development)
on 16,08± acres and R-S-2.5A (Rural Suburban 2.5 acre) to R-1 (One
Family Dwelling) on 17.26± acres.
4. The overall design of the project, as conditioned, is consistent with the
goals and policies of all elements of the general plan,
5. The conditions of approval, attached hereto as Exhibit "1" are needed to
provide for orderly development, and the public health, welfare and
safety; and
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 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, 104-07 marked Exhibit "C"
attached hereto and made a part hereof, and are more specifically described in attached Exhibit
"0".
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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Council !If
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I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by the
lf~oofity of Bakersfield at a regular meeting thereof held on
L by the following vote:
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COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN,
SCRIVþlER
COUNCILMEMBER
C~YE~
NOES:
ABSTAIN:
COUNCILMEMBER
ABSENT:
COUNCILMEMBER
PAMELA A. McCARTHY, CMC
CITY CLERK and Ex Officio Cler f the
Council of the City of Bakersfield
APPROVED
MAR ß 20\16
HARVE L. HALL
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
/ì
By: þ!d'/ß, ~
Exhibits:
A. Conditions.
B. Location Map.
C. Zone Map
D. Legal Description
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EXHIBIT "An
CONDITIONS OF APPROVAL
ZONE CHANGE #05-0780
PUBLIC WORKS
1. Prior to approval of any development plan, improvement plan, or application for a lot line
adjustment, the following shall occur:
a, Provide fully executed dedication for Rivani Drive and Campbell Hill Drive to collector
standards, Morning Drive to arterial standards for the full 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.
b. 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. 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 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.
d. 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 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 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 this ZC area.
3. 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,
4. Access to the project area is provided by a sub-standard road. With the development of the
project area, approved, improved access to the site must be provided. The required
improvements shall be 32 feet of paving meeting City design standards for a collector road, with
8' graded shoulders, 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,
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Page 2 of 4
CITY ATTORNEY
5. 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
6. Mitigation Measures from Biological Study prepared by McCormick Biological, dated May 2005:
The following is a summary of measures in the MBHCP that would pertain to this project site:
6.1. Compensation for each acre of disturbance at the current mitigation fee;
6.2. A preactivity survey should be conducted not more than 30 days prior to the onset of
construction activities in areas subject to development to determine whether any known San
Joaquin kit fox dens or other evidence of special-status species site occupation have
subsequently been established.
6.3. If any known dens are subsequently found during preactivity surveys, monitoring and
excavation of each known San Joaquin kit fox den that cannot be avoided by construction
activities should occur following procedures outlined in the MBHCP; and
6.4. Notification of wildlife agencies of relocation opportunity prior to ground disturbance if any
occupied San Joaquin kit fox dens are subsequently discovered.
The following measures shall be implemented to further reduce impacts to potentially-occurring
species:
6.5. All pipes, culverts, or similar structures with a diameter greater than 4 inches shall be capped
or blocked to prevent entry by San Joaquin kit fox and other wildlife. If pipe is not capped (Le.
short pipe segments stockpiled prior to use), it should be inspected for kit fox. If any kit fox
are observed within pipe, they shall be allowed to escape unimpeded;
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6.6. All trenched or steep-walled excavations greater that three feet deep shall include escape
ramps to allow wildlife to escape. Each excavation shall contain be no steeper that 1: 1;
6.7. All employees, contractors, or other persons involved in the construction of the project shall
attend a "tailgate" session informing them of the biological resource protection measures
which will be implemented for the project. The orientation shall be conducted by a qualified
biologist and shall include information regarding the life history of the protected species,
reason for special status, a summary of applicable environmental law, and measures
intended to reduce impacts.
6.8. Species-specific surveys to detect the presence of blunt-nosed leopard lizards are observed
during these surveys, an avoidance plan subject to CDFG approval should be prepared to
comply with the fully-protected status of this species.
RECOMMENDATIONS REGARDING BREEDING BIRDS
Native bird and raptor nests are protected under the Migratory Bird Treaty Act. If possible, all site
grading and activities which could directly impact native bird and/or raptor nests (including burrowing
owl) should be conducted between September 1 and January 31, during the non-breeding season for
most bird species. The following measure will be implemented to reduce potential impacts to native
birds and raptors:
6.9. In compliance with Sections 3530 and 3503.5 of the California Fish and Game Code, if
grading is to occur during the native bird and raptor nesting breeding season (February 1
through August 31), a qualified biologist shall determine the presence of any native bird and
raptor nest prior to or concurrent with grading activities. In addition, CDFG will be contacted
to obtain and comply with all appropriate procedures relative to grading operations in
proximity to any active nests identified, Resulting mitigation measures may include restricting
construction activities near native bird and raptor nesting sited during the breeding season.
6.10. A preconstruction survey shall include a survey for burrowing owl, If active burrowing owl
burrows are detected outside of breeding season (September 1 through January 31), passive
and/or active relocation efforts may be undertaken if approved by CDFG and USFWS. If
active burrowing owl burrows are detected during breeding season (February 1 through
August 31), no disturbance to these burrow shall occur without obtaining appropriate
permitting through the Migratory Bird Treaty Act.
RECOMMENDATION REGARDING OFFSITE HABITAT DEGRADATION
6.11. During construction, site boundaries shall be clearly marked with flagging, fencing, or other
suitable material to prevent construction equipment and vehicles from impacting adjacent
habitat areas potentially occupied by special status species.
6.12. All trash and food waste shall be disposed of in closed containers and regularly removed from
the project construction site. Absolutely no deliberate feeding of wildlife shall be allowed.
6.13. The following invasive exotic plants shall not be used in any project residential or commercial
landscaping: tamarisk (all species) and pampas grass. In addition, vegetation at any ponds
or water features shall be managed in a way such that none of the invasive exotic plants
listed by the Department of Agriculture allowed to become established. Typical invasive
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exotic plants that can become problematic in this region include: water hyacinths and pampas
grass.
7. Mitigation Measure from Cultural Resources Study prepared by Robert A. Schiffman, dated June
2005:
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.
8, Mitigation Measure for protection of the Sharktooth Mountain Bonebed:
Prior to grading and/or earth-disturbing activities at elevations between 600 and 700 feet, subdivider
shall:
8.1. Submit a map delineating the areas within 600 and 700 feet elevation of the
subdivision to be disturbed,
8.2, Retain a qualified paleontologist to attend a pre-grading meeting, and set
forth the procedures to be followed during the monitoring program.
8,3. A full-time paleontological monitor that is trained and equipped to allow rapid
removal of fossils with minimal construction delay shall be on the project site
during ground disturbance activities within 600 and 700 feet elevation.
8.4. If fossils are found within an area being cleared or graded, earth-disturbing activities
shall be diverted elsewhere until the monitor has completed salvage of the fossils. If
construction personnel make the discovery, the grading contractor shall immediately
divert construction and call the monitor to the site for fossil salvage.
8.5. The project paleontologist shall prepare, identify and curate all recovered fossils. Upon
completion of grading, the project paleontologist shall prepare a summary report
documenting mitigation measures and results, with itemized inventory of collected
specimens. Paleontologist shall submit the report to the City of Bakersfield, and any other
appropriate agency, and transfer fossil collection to an appropriate depository.
8.6. If a significant paleotological resource is found, the paleontologist shall investigate
alternative methods of preservation other than covering in place.
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ZONING MAP 104i~k£:
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EXHIBIT D
LEGAL DESCRIPTION
BEING A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 7, TOWNSHIP 29 SOUTH, RANGE 29 EAST, M.D.B.&M.,
IN THE COUNTY OF KERN, STATE OF CALIFORNIA.
BEGINNING AT THE CENTER OF SAID SECTION 7, AS MONUMENTED BY A 3"
IRON PIPE AND BRASS CAP MARKED "RE 2312" AS PER RECORD OF SURVEY
FILED IN BOOK 10, AT PAGE 116, IN THE OFFICE OF THE KERN COUNTY
SURVEYOR, SAID CENTER OF SECTION BEING THE TRUE POINT OF
BEGINNING;
THENCE (I)
THENCE (2)
THENCE (3)
THENCE (4)
NORTH 89° 50'22" EAST, ON AND ALONG THE NORTH
LINE OF SAID SOUTHEAST QUARTER OF SECTION 7, A
DISTANCE OF 1120.63 FEET;
SOUTH 01° 43'22" WEST, DEPARTING THE NORTH LINE
OF SAID SOUTHEAST QUARTER OF SECTION 7, A
DISTANCE OF 631.42 FEET;
SOUTH 89° 49'21" WEST, A DISTANCE OF 1099.25 FEET TO
A POINT ON THE WEST LINE OF SAID SOUTHEAST
QUARTER OF SECTION 7;
NORTH 00° 13'04" WEST, ON AND ALONG SAID WEST
LINE, A DISTANCE OF 631.40 FEET TO THE TRUE POINT
OF BEGINNING.
CONTAINING: 16.08 ACRES
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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 .JillL day of March, 2006 she posted on the Bulletin Board at City Hall,
a full, true and correct copy of the following: Ordinance No. 4318 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. 104-07) OF TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM
R-S-2.5A-HD (RURAL SUBURBAN 2.5 ACRE-HILLSIDE DEVELOPMENT) TO
R-1-HD (ONE FAMILY DWELLING-HILLSIDE DEVELOPMENT) ON 16,08±
ACRES AND R-S-2.5A (RURAL SUBURBAN 2,5 ACRE) TO R-1 (ONE FAMILY
DWELLING) ON 17.26± ACRES (FILE NO, 05-0780)
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City qf Bakersfield
By: ~\f ~'é...
DEPUTY Cit Clerk
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