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HomeMy WebLinkAboutORD NO 4379 ORDINANCE NO. AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONING MAP 123-34) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM A (AGRICULTURAL) TO R-1 (SINGLE FAMILY RESIDENTIAL) ON 8.92 ACRES. LOCATED NORTH OF TAFT HIGHWAY (STArE ROUTE 119) BETWEEN STINE ROAD AND ASHE ROAD. (ZC NO. 05-1479). , 8'%. a 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 southwest corner of East Berkshire Road and Madison Street; and WHEREAS, by Resolution No. 112-06 on June 15, 2006, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 05-1479 as delineated on attached Zoning Map 123-34 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 (Agricultural) to R-1 (Single Family Residential) on 8.92 acres, located north of Taft Highway (State Route 119) between Stine Road and Ashe Road, 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 May 19,2006, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows multi-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. 112-06, adopted on June 15, 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 initial 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 CECA. 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." X ~AK~?> o ~ ~ - I- IT; - l- t.:> ol!flglNAt> 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. follows: NOW. THEREFORE. BE IT ORDAINED by the Council of the City of Bakersfield as 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 123-34 marked Exhibit "B" attached hereto and made a part hereof, and are more specifically described in attached Exhibit tIC ". 4. Such zone change is hereby made subject to the "Mitigation/Conditions of Approval" listed in attached Exhibit "A", subject to approval of GPA No. 05-1479. 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. ---------()()()--------- X ~AK~~ Q ~ ~ - >_ m - ,.... J ~ JRIGINAL the I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by Council of the City of Bakersfield at a regular meeting thereof held on SEP 1 3 2006 by the following vote: .,r- - .-- -- ....-- ~ PAMELA A. McCARTHY, C CITY CLERK and Ex Officio lerk of the Council of the City of Bakersfield APPROVED SEP 1 3 2006 APPROVED as to form VIRGINIA GENNARO City Attorney By: ~J:; ~ ~. Exhibits: A. Conditions. B. Zone Map C. Legal Description ~AKS'-9 ~ ~ :> n l:::: t- V . () OR1~INAI EXHIBIT A Mitigation/Conditions of Approval General Plan Amendment/Zone Change No. 05-1479 Cultural Impact Mitication Measures 1. If archaeological resources are encountered during the course of construction, a qualified archaeologist shall be consulted for further evaluation. (Mitigation for potentially significant cultural impact) 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. (Mitigation for potentially significant cultural impact) Citv Attornev 3. 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 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. ~ ~AKS'-9 o ~ >- - '_ n '.- ,.. OORIGINAf ADDITIONAL CONDITIONS OF APPROVAL: Public Works Conditions: 4. Along with the submittal of any development plan, prior to approval of improvement plans, or application for a lot line adjustment, the following shall occur: 4.1. Provide fully executed dedication for Taft Highway to Caltrans Standards for the full frontage of the area within the GPA request and including the frontage of the RR parcel at the southwest corner of the GPAlZC area. Construct full improvements on the north side of Taft Highway in front of the RR parcel upon further development of the GPAlZC parcel. Provide access to the RR parcel from the tract. Provide access to the 10 acre parcels to the east and to the west. 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. 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. (For Orderly Development) 5. This GPAlZC area is too small to support its 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 GPA/ZC area, showing it's proportionate share of the necessary ultimate storm drainage facilities. Develop an interim drainage plan that will remain in effect until surrounding property is developed. (For Orderly Development) 6. 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. 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. (For Orderly Development) 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 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 GPA area. (For Orderly Development) X ~AK~~ o ~ - rn - ,.... '1RIGINAt> 8. Payment of median fees for the arterial frontage of the property within the GPAlZC request is required prior to recordation of any map or approval of any improvement plan for the GPAlZC area. (For Orderly Development) 9. Secondary emergency access will be required with the tract. (For Orderly Development) 10. The area shall participate in a major bridge and thoroughfare district for the construction of the Farmers Canal at Taft Highway. (Mitigation for potentially significant traffic and circulation impacts) Local Mitioation 11. The development is required to pay into the adopted Regional Traffic Impact Fee fixed rate program. ~ ~AK~"9 o <fl '. '"'f1 ~ - I- rn - t- o ORIGINAC' Exhibit B Zoning Map 123-34 .~ ~AK~~<p -1\ - m . ,.... ") lRIGINAC> I .. --.--.--...... ~~ ~. ...... "--;-..1.". I . f... . ~ . " N I I I 01'. I I . · I .. '1 i. I . · I . \ . II) i r 'Ii ". . '.. . . &. J & ~o M !,' I . ?,.,. '. .' II . II .' I 1&'; ..' .: . .f '. . uNfn ..oJ . . .t,.t tt.~.~ 1 t ht~~ZUhl.h3r.t~tt.::1 '. :.:.. _ """-"_.. . - i ZO.NECHANGe:-05~.1419 ~.nr ~:., -.' . . ..~. ~ -"" .;.::......., ..... :.... ~:,:~....t....... . . '.'. > '.! .'i. : .. "1, i1: . I iE . ~ :. . it '.' " "'. .: <itS" '. . . .: + ......... ..' ..... . '.' ........ f .. -'.-' .... .'.'\". .1 .,:.~ .' ',.. . .....: '.- '. ::-'.' . .:.... ".:; .....>. .':' i1: " . .......... ,:.'J;' "'." .... "_~.::;'",~' i ...' : .. , '-~'~_:"""'.;;..,-,-' -..;........_...__...._..:..._~...:.-~..~- -~ > ~,d:.:., ;,',' ,,'..1 .... ...... . .: ....... . I . 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' :~ tr:m ." ., ". ,......- Exhibit C Zone Change Legal Description ~ ~AK~~ o <.r ~ -f ~ ;:; t.:> t- OR'G'NA1~ EXHIBIT", " PRQPI;)SIDZONE CHANGE LEGAL o ESCJUPTION, ,........ - ." .' - '-", '" PROPOSED R-1.(~'Al BEING A PORTION OF 'THE SOUTHEAST QUARTER OF SECTtON34, TOWNSHIP 30 SOUTH, RANGE 27 EAST, MOUNT DIABLO BASELINE AND MERIDIAN, COUNTY OF KERN, STATE OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 34, SAID POINT ALSO BEING ON THE CENTERLINE OF TAFT HIGHWAY (STATE ROUTE VI-KER-119, 60 FOOT R/W), THENCE SOUTH 89004'42" EAST, ALONG SAID CENTERLINE AND ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 34, A DISTANCE OF' 538.31 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE FOLLOWING SIX (6) COURSES: 1) DEPARTING SAID CENTERLINE AND SAID SOUTH LINE, NORTH 00030'26" EAST, A DISTANCE OF 225.01 FEET; THENCE 2) NORTH 89004'42" WEST, A DISTANCE OF 208.01 FEET; THENCE 3) NORTH 00030'26" EAST, A DISTANCE OF 1093.18 FEET TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 34; THENCE 4) SOUTH 89003'44" EAST, ALONG SAID NORTH LINE, A DISTANCE OF 330.52 FEET TO THE NORTHWEST CORNER OF PARCEL -A- OF PARCEL MAP NO. 3790, AS FILED IN PARCEL MAP BOOK 18, AT PAGE 24, IN THE OFFICE OF THE KERN COUNTY RECORDER; THENCE 5) DEPARTING SAID NORTH LINE, SOUTH 00030'59" WEST. ALONG THE WESTERLY LINE OF SAID PARCEL -A-, A DISTANCE OF 1318.09 FEET TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 34, ALSO BEING THE CENTERLINE OF SAID TAFT HIGHWAY; THENCE 6) NORTH 89004'42" WEST, ALONG SAID SOUTH LINE AND SAID CENTERLINE, A DISTANCE OF 122.30 FEET TO THE POINT OF BEGINNING. CONTAINING 8.92 ACRES, MORE OR LESS. P:\PROJECTS~S043\LEOALS\OS043ZCOl.00c 8DM 8-24-05 MciNTOSH & ASSOCIATES 2001 Wheelan Court Bakersfield, CA 93309 (661)83~14 AK ~ ~ ~-9 o <.r ~ ~ I- m - r- o C) ORIGINAL 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 14th day of September ,2006 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4379 passed by the Bakersfield City Council at a meeting held on the 13th day of September, 2006 and entitled: AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING THE SECTION 17.06.020 (ZONING MAP 123-34) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM A (AGRICULTURAL) TO R-1 (SINGLE FAMILY RESIDENTIAL) ON 8.92 ACRES, LOCATED NORTH OF TAFT HIGHWAY (STATE ROUTE 119) BETWEEN STINE ROAD AND ASHE ROAD. (ZC NO. 05-1479). PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield BY:~~ DEPUT Cit Clerk S:\DOcUMENT\FORMS\AOP ,ORD,wpd <O"'I\~~ ~ ~ >- - m I:::;, r- V (:) ORIGINAL