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HomeMy WebLinkAboutORD NO 4323 ORDINANCE NO. ~S2S 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. 1 '< '?"1\I\t:-,,, o <J .... >- - .... IT. - ,.... o 0 (ìPIr:I~I~1 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. 2 ,¢M(,:.s> ~ <!; >- ~ >;;: I'- V c:, 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. ---------()()()--------- 3 '< 'òl\l\f,¡> C) Ó' -<,. >- - I- m _ c- o C) ORI"'~IAI 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; (~ ""NôE? ABSTAIN: ABSENT: ...--- L-- \..- L--~ L-- L-- ¿..--- 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 By ~?J¡~ Exhibit A - Zoning Map 124-29 B - Zone Change Legal Description C - Mitigation/Conditions of Approval JS ' S:\GPA 4th 2005\05-0926\PC Package\CC ZC Ordinance.doc 4 ~ ~l!./(f1' () % >- - ..... m _ r- C> c- OPI(111\11\! Exhibit A Zone Map 124-29 ~ ~A}¡,:.~ o <f >- .., r- iT! - r- (,) ~ OPI~I~'^r ! ~ 1.1 . i,j ~~iti M" ~;. i·~- ~. W' U"I 1~~ ;~~ ~ ~~ \' foi· ~ ..~ t 1~~.~! £!iÎ · ,!!! '~ ~~.~; ~~:. . ~5J , J~. 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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 S: \Forms\zone Districts. doc x 'òf'.K.::-.-» o ~ >- - I- IT! - ,.. Q c:;, ORIGINAL Exhibit B Zone Change Legal Description « ~M~1' o ~ >- - ...... m ~ ,.... ¡) CJ ORIGINAl ~ ., . 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 '< <6M~-9 o tJ' -f\ >- - I- m - ,.... v 0 ORIGINAL Exhibit C Mitigation/Conditions of Approval ~ <pMç1' o <P >- -:!' .... n; - ,.... c.) C) I)RIr,r~IAI 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 ~ 'òAKf-'9 C) ~ þ _ m r- V C) npl~B'llIf 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. « 'òAKf1J o % >- - >- m - r- V tJ ()Pir.:I~Ii\1 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. JSjm S:\GPA 4th 2005\05,0926\Env DoclEXHIBIT A,doc ____ ~"._ ,_,_, ,..___,.'_" _·'.h_·_,' ." __..__..__...".___.....'.... __'__"_"" X 'òM~?> o û' >- ~ ..... IT¡ ~ ,.... v <:J ')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 S:\DOCUMENTlFORMSIAOP. ORD ,wpd X ~Mf1. () % >- iíí '::: r- o t:> m<lGINÞ.1