HomeMy WebLinkAboutORD NO 4323
ORDINANCE NO.
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AN ORDINANCE ADOPTING A NEGATIVE
DECLARATION AND AMENDING SECTION 17.06.020
(ZONING MAP 124-29) OF TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE BY CHANGING THE
ZONING FROM A (AGRICULTURE) TO R-1 (ONE FAMILY
DWELLING) ON 22.32 ACRES, GENERALLY LOCATED
AT THE SOUTHWEST CORNER OF EAST BERKSHIRE
ROAD AND MADISON STREET. (ZC NO. 05-0926).
WHEREAS, in accordance with the procedures 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 southwest corner of East
Berkshire Road and Madison Street; and
WHEREAS, by Resolution No. 187-05 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. 05-0926 as delineated on
attached Zoning Map 124-29 marked Exhibit "A", by this Council and this Council has
fully considered the recommendations made by the Planning Commission as set forth
in that Resolution and restated herein; 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
A (Aricultural) to R-1 (One Family Dwelling) on 22.32 acres, and the Council has
considered said findings as restated herein and all appear to be true and correct; and
WHEREAS, a Negative Declaration with mitigation was advertised and
posted on November 5, 2005, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows single-family
residential development; and
WHEREAS, the City Council has considered and concurs with the
following findings made by the Planning Commission as set forth in Resolution No, 187-
05, adopted on December 1, 2005:
1. All required public notices have been given.
2, The provisions of the California Environmental Quality Act have
been followed.
3.
Based on the intial study and comments received, staff has
determined that the proposed project could not have a significant
effect on the environment. A Negative Declaration was prepared
for the project in accordance with CEQA.
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4. The proposed project is consistent with surrounding uses.
5. The proposed project, as shown on Exhibit "A," is consistent with
the Metropolitan Bakersfield General Plan,
6. The public necessity, general welfare and good planning practices
justify the requested zone change, as shown on Exhibit "A."
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 purposes 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.
8. The laws and regulations relating to the preparation and adoption
of Negative Declarations as set forth in CEQA, the State CEQA
Guidelines, and the City of Bakersfield CEQA Implementation
Procedures, have been duly followed by city staff and the Planning
Commission,
SECTION 1.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
Bakersfield as follows:
1. That the above recitals, incorporated herein, are true and correct.
2. The Negative Declaration is hereby 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 124-29
marked Exhibit "A" attached hereto and made a part hereof, and
are more specifically described in attached Exhibit "B ",
4, Such zone change is hereby made subject to the
"Mitigation/Conditions of Approval" listed in attached Exhibit "C",
subject to approval of GPA No, 05-0926.
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ORIGINAl
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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I HEREBY CERTIFY that the foregoing Ordinance was passed and
adoptedÄ by the Council of the City of Bakersfield at a regular meeting thereof held on
M R 8 2006 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
D.n,-./.. o.JY\(rA~
PAMELA A. McCARTHY, CM
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED MAR 8 200G
HAR Y L. HAll
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
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Exhibit A - Zoning Map 124-29
B - Zone Change Legal Description
C - Mitigation/Conditions of Approval
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Exhibit A
Zone Map 124-29
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ZONE CHANGE 05-0926
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CITY OF BAKERSFIELD ZONING DISTRICT DESIGNATIONS
R-1 One Family Dwelling CoO Professional and Administration Office
6,000 sq,ft. minimum lot size
C-1 Neighborhood Commercial
E Estate
10,000 sq.ft. minimum lot size C-2 Regional Commercial
R-5 Residential Suburban C-C Commercial Center
24,000 sq.ft.ldwelling unit
CoB Central Business
R-S-1A Residential Suburban
1 acre minimum lot size PCD Planned Commercial Development
R-5-2.5A Residential Suburban M-1 Light Manufacturing
2% acre minimum lot size
M-2 General Manufacturing
R-5-5A Residential Suburban
5 acre minimum lot size M-3 Heavy Industrial
R-S-10A Residential Suburban P Automobile Parking
10 acre minimum lot size
RE Recreation
R-2 Limited Multiple Family Dwelling
4,500 sq,ft. min lot size (single family) Ch Church Overlay
6,000 sq. ft. min lot size (multifamily)
2,500 sq.ft. lot arealdwelling unit OS Open Space
R-3 Limited Multiple Family Dwelling HOSP Hospital Overlay
6,000 sq. ft. minimum lot size
1,250 sq.ft. lot arealdwelling unit AD Architectural Design Overlay
R-4 Limited Multiple Family Dwelling FP-P Floodplain Primary
6,000 sq,ft. minimum lot size
600 sq. ft. lot area/dwelling unit FP-S Floodplain Secondary
R-H Residential Holding AA Airport Approach
20 acre minimum lot size
DI Drilling Island
A Agriculture
6,000 sq.ft. minimum lot size PE Petroleum Extaction Combining
A-20A Agriculture SC Senior Citizen Overlay
20 acre minimum lot size
HD Hillside Development Combining
PUD Planned Unit Development
TT Travel Trailer Park
MH Mobilehome
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ORIGINAL
Exhibit B
Zone Change Legal Description
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Legal Description for Annexation
A portion of the Southwest Quarter of Section 29, T. 30 S., R. 29 E., M. D. M., being
Parcel D of Parcel Map No. 3913 filed for record in the Office of the Kern county
Recorder in Book 19 of Parcel Maps at page 40, also being in the County of Kern, State
of California, more particularly described as follows:
Commencing at the Center of said Section 29, thence S 00° 00' 57" E, along the
north-south centerline of said section, 20.00 feet to the True Point of Beginning; thence
continuing S 000 00' 57" E, 1301,81 feet; thence S 89° 54' 26" W, 330.17 feet; thence
S 000 00' 37" E, 660.91 feet; thence S 89° 54' 26" W, 276.39 feet; thence N 00° 00'
52" W, 1962,73 feet to a point on a line, 20.00 feet southerly of and parallel to the east-
west centerline of said section; thence along said parallel line, N 89° 54' 29" E, 606.58
feet tp the true point of beginning.
Containing 22.32 acres, more or less
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ORIGINAL
Exhibit C
Mitigation/Conditions of Approval
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EXHIBIT C
Mitigation/Conditions of Approval
General Plan Amendment/Zone Change No. 05-0926
MITIGATION MEASURES FROM NEGATIVE DECLARATION:
Cultural Resources
1. If archaeological resources are encountered during the course of
construction, a qualified archaeologist shall be consulted for further
evaluation.
2. If human remains are discovered during grading or construction activities,
work would cease pursuant to Section 7050,5 of the California Health and
Safety Code. If human remains are identified on the site at any time, work
shall stop at the location of the find and the Kern County Coroner shall be
notified immediately (Section 7050.5 of the California Health and Safety Code
and Section 5097.98 of the California Public Resources Code which details
the appropriate actions necessary for addressing the remains) and the local
Native American community shall be notified immediately.
ADDITIONAL CONDITIONS OF APPROVAL:
Public Works Conditions:
3. Prior to approval of any development plan, improvement plan, or application for a
lot line adjustment, the following shall occur:
· Provide fully executed dedication for East Berkshire Road and Madison
Street to collector standards for the full frontage of the area within the
GPA 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 GPAlZC area is submitted,
dedication can be provided with the map.
· This GPAlZC area is too small to support it's own storm drainage sump.
The City will allow no more than one sump per 80 acres; therefore, this
GPAlZC area must be included within the drainage area of adjoining
property. The developer shall participate in the development of a Planned
Drainage Area and provide a drainage study for the GPAlZC area,
showing it's proportionate share of the necessary ultimate storm drainage
facilities.
· 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
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Exhibit A-1
Coditions of Approval
GPZlZC 05-1344
Page 2 of 3
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.
. Sewer service must be provided to the GPAlZC 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,
4. The entire area covered by this General Plan Amendment 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 GPA area.
5. The development shall contribute to the construction of the bridge over the Arvin
Edison Canal on Madison Street.
6. Access to the project area from East Berkshire Road Avenue 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.
Traffic Conditions
7, A traffic analysis dated June 15, 2005 was prepared by Hendricks Engineering
justifying that no detailed traffic study is required. The analysis shows the
change will result in an insignificant increase in potential trip generation (89 PM
peak hour trips based on expected dwelling units) which is below thresholds
established by the City and Caltrans (100 peak hour trips). We concur with the
findings of the analysis and recommend that the development be required to pay
into the adopted Regional Traffic Impact Fee fixed rate program. The fee
program improvements mitigate impacts of the existing densities and therefore
will do so due to the minor increase.
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Exhibit A-1
Coditions of Approval
GPZlZC 05-1344
Page 3 of 3
Department of Conservation Condition:
8. The proposed project is located beyond the administrative boundaries of any oil
or gas field. There are no oil, gas, or injection wells within the boundaries of the
project site, Regardless, if excavation or grading operations uncover a
previously unrecorded well, the Division district office in Bakersfield shall be
notified as such wells may require remedial operations. It will be the
responsibility of the developer to notify such Division and bear all costs
associated with remediation.
Citv Attornev
9. 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, andlor 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.
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')RIGINAl
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 ....illh... day of March, 2006 she posted on the Bulletin Board at City Hall,
a full, true and correct copy of the following: Ordinance No. 4323 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. 124-29) OF TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM
A (AGRICULTURE) TO R-1 (ONE FAMILY DWELLING) ON 22,32 ACRES,
GENERALLY LOCATED AT THE SOUTHWEST CORNER OF EAST
BERKSHIRE ROAD AND MADISON STREET (ZC NO, 05-0926)
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
BY:~ ~t
DEP i Clerk
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