HomeMy WebLinkAboutORD NO 4354
ORDINANCE NO.
4354
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 25 ACRES GENERALLY LOCATED NORTH
OF EAST HOSKING ROAD, SOUTH OF BERKSHIRE ROAD
AND BETWEEN UNION AVENUE AND COTTONWOOD ROAD.
(ZC NO. 05-1280).
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 north of East Hosking Road, south
of Berkshire Road and between Union Avenue and Cottonwood Road; and
WHEREAS, by Resolution No. 67-06 on March 16,2006, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17
of the Municipal Code to approve Zone Change No. 05-1280 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 25 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 February 3, 2006, 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. 67-
06, adopted on March 16,2006:
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 'òM,c
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effect on the environment. A Negative Declaration was prepared
for the project in accordance with CEQA
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 124-29) 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. 05-1280.
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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
adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on
JYN 2 1 2006 by the following vote:
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NOES:
ABSTAIN:
ABSENT:
.....
COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON. SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
L1, me
PAMELA A. McCARTHY, CMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED JUN 2 1 2006
HARVEY L. HALL
Mayor of the City of Bakersfie
APPROVED as to form
VIRGINIA GENNARO
City Attorney
By: I?dJuC1lt AI~
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Exhibit A - Zoning Map 124-29
B - Zone Change Legal Description
C - Mitigation/Conditions of Approval
CK, S:IGPA 1st 2006105,1280\ResolutionslCC ZC Ordinance,doc
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EXHIBIT A
Zoning Map 124-29
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ZONE CHANGE 05-1280
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EXHIBIT B
Legal Description
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Zone Change 05-1280
From A to R-1:
Being a portion of the South Half of Section 29, T. 30 S., R. 28 E., M. D. M. In the city of
Bakersfield, County of Kern, State of California, more particularly described as follows:
Commencing at the South Quarter Corner of said section, thence N 89053' 53" E,
along the south line of said section, 135.15 feet to the True Point of Beginning; thence
N 00001' 08" W, 404.31 feet; thence S 89° 54' 14" W, 135.13' to a point on the
north-south centerline of said section; thence continuing S 890 54' 14" W, 330.26 feet;
thence N 00000' 37" W 917.51 feet to a point on the north line of the Southeast Quarter
of the Southwest Quarter of said section; thence N 89054' 26" E, along said north line,
330.17' to a point on said centerline; thence continuing N 890 54' 26" E, 660.34 feet to
the northeast corner of the West Half of the Southwest Quarter of the Southeast
Quarter of said section; thence S 000 01' 40" E, along the east line of said West Half,
1321.75 feet to said south line of said section; thence S 890 53' 53" W, along said
south line, 525.46 feet to the point of beginning.
Containing 25.75 acres, more or less.
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EXHIBIT C
Mitigation I Conditions of Approval
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EXHIBIT C
Mitigation/Conditions of Approval
General Plan Amendment/Zone Change No. 05-1280
Cultural Impact Mitiaation Measures
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
Southern California Edison Companv (SCE)
3, The division of property will not reasonably interfere with the free and complete
exercise of an easements and/or facilities held by SCE within the boundaries of
said map.
In the event that development requires relocation of facilities, on the subject
property, which facilities exist by right of easement or otherwise, the
owner/developer will be requested to bear the cost of such relocation and provide
SCE with suitable replacement rights. Such costs and replacement rights are
required prior to the performance of the relocation.
Department of Conservation. DOGGR
4. 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. Regardless, if excavation or grading operations uncover a previously
unrecorded well, the Division district office in Bakersfield must be notified as such
well may require remedial operations. It will be the responsibility of the developer
to notify such Division and bear all costs associated with remediation.
Public Works Conditions
5. Along with submittal of any development plan, improvement plan, or
application for a lot line adjustment, the following shall occur:
a. Provide fully executed dedication for Hosking Road to arterial
standards and for 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
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Mitigation/Conditions of Approval
GPAlZC No. 05-1280
Page 2
subdivision map over the entire GPAlZC area is submitted,
dedication can be provided with the map.
b. This GPNZC 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 provide a drainage
study for the GPNZC area, showing it's proportionate share of the
necessary ultimate storm drainage facilities. The developer may
participate in the development of a Planned Drainage Area, or may
make other arrangements with the owner or developer of the
adjoining property.
c. 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.
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.
6. The Madison Road crossing of the Arvin Edison Canal needs to be
constructed to adequately serve this area. Developer shall aid in the
formation of a Major Road and Thoroughfare District for the construction
of the crossing.
7. 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.
8. Payment of median fees for the arterial frontage of the property within the
GPNZC request is required prior to recordation of any map or approval of
any improvement plan for the GPNZC area.
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Mitigation/Conditions of Approval
GPAlZC No. 05-1280
Page 3
9. 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 an arterial road, with 8' graded
shoulders. Additionally, full roadway improvements shall be constructed
for the north half of Hosking Avenue from the west boundary of the
GPAlZC to a distance of approximately 500-600 feet to the west along the
front of APN 518-040-16, and full roadway improvements for both halves
of Madison Street shall be constructed to APN 518-040-16. 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 Condition
10. A traffic analysis dated August 4, 2005 prepared by Hendricks
Engineering justifying that no detailed traffic study is required was found to
be acceptable. The analysis shows the change will result in an
insignificant increase in potential trip generation. The analysis shows that
project trips are less than thresholds established by the City and Caltrans
to warrant a detailed traffic study (Max. of 50 project trips vs a threshold
100 peak hour trips on any facility). 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.
Citv Attornev
11. 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.
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Mitigation/Conditions of Approval
GPAlZC No. 05-1280
Page 4
The City will promptly notify Applicant of any such claim, action or preceding,
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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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 22nd day of June ,2006 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4354 passed by the
Bakersfield City Council at a meeting held on the 21st day of June, 2006 and
entitled:
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 25 ACRES GENERALLY
LOCATED NORTH OF EAST HOSKING ROAD, SOUTH OF
BERKSHIRE ROAD AND BETWEEN UNION AVENUE AND
COTTONWOOD ROAD (ZC NO. 05-1280)
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
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DEPU City~rk
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