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Home My WebLink AboutORD NO 4397 ORDINANCE NO. AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONING MAP 104-18) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM R-1 (ONE-FAMILY DWELLING ZONE) TO R-2 (LIMITED MULTIPLE-FAMILY DWELLING ZONE) ON 6.19 ACRES, GENERALLY LOCATED ON THE NORTH SIDE OF PANORAMA DRIVE (FUTURE), APPROXIMATELY ONE-QUARTER MILE WEST OF VINELAND ROAD (ZC NO. 06-0349). 139'Z 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 that certain property within the City of Bakersfield generally located on the north side of Panorama Drive (future), approximately one-quarter mile west of Vineland Road; and WHEREAS, by Resolution No. 181-06 on September 21,2006, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 06-0349 as delineated on attached Zoning Map 104-18 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 R-1 (One-Family Dwelling Zone) to R-2 (Limited Multiple-Family Dwelling Zone) on 6.19 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 August 18, 2006, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows for high-medium density 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. 181-06, adopted on September 21,2006: 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 effect on the environment. A Negative Declaration was prepared for the project in accordance with CEQA. 4. The proposed project is consistent with the surrounding land uses. 5. The proposed project, as shown on Exhibit "A," is consistent with the Metropolitan Bakersfield General Plan. 1 ~ fQ"'I(~~ <:> % ~ - /- rn - r- <.) C) ORIGINAL 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 within the City of Bakersfield, the boundaries of which property are shown on Zoning Map 104-18 marked Exhibit "A" attached hereto and made a part hereof, and are more specifically described in attached Exhibit liB ". 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. 06-0349. 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. ---------()()()--------- 2 ~ fQ"'I(~~ (:) ~ ~ j!! <.) C) ORIGINAL 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 DEe 1 3 7nmi by the following vote: n~ N : ABSTAIN: ABSENT: ..........-- ...--- t..-- v- &.-- ......- ...---- COUNCILMEMBER CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER PAMELA A. McCARTH , Me CITY CLERK and Ex 0 icio Clerk of the Council of the City of Bakersfield APPROVED DEe 13 2006 HARVEY L. HALL Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney By: ~/n- ~ Exhibit A - Zoning Map 104-18 B - Zone Change Legal Description C - Mitigation/Conditions of Approval PH - S:\GPA 3rd 2006\06-0349\Resolutions\CC ZC Ordinance.doc 3 ~ fQAI(~~ <:> ~ ~ - /- m - r- <.) C) ORIGINAL Exhibit A Z()ning Map 1()4-18 ~ fQA/(~~ <:> ~ :a... _ .... m - r- <.) C) ORIGINAL . III 92~ I ~ v Q ~%::. I' 12 = i I !e) !iJ" v ~~ fil I Z!!! I J j 18 ~2~ ~II B t . " ~ . , I I . + I i- I. I I -' ,I !!j , I' U 1'1 I ,,~ . I ! , Ii I .. I I ,I " I I! I 1IIIU;i!iJil!11 III I. 11.11 ~ . IIMIM~:~:I'III"'II!L!:lillu! I IIi II !iI dil!lh I: ,I III hli II I Iii m 'sl !~ .~:p ~ d s,.... ,. .~...... ~.o_.u..._. II I. ~ :. r ..... ir .. Ill.:' i, U U c a il8. . 01" Ii lot 'I t t hi ZONE CHANGE 06-0349 JI-IoOI'- .. , , . -\. . " " ~; . . .. .. '... .,,', .". 'II II I'j \.\ ' \\ ;; \\ ~\\ '-. ~ '. ~ \\ \\ J\ ,.1 I II II II II II I' 'II 'I I, ,II . II ~---_:_---~. ~------.; I II ! ! ~Il!! I u I f I . N ~ C). ..... .,.. ~ . a: , , I .- '.' I'if_.. . ~----~.- --'J---+ " I I I z & ~ . ; I ~ .. .. i ~ I In dd I~L~ all. ~~,.,,~~ <:> ~ ~' , t: 17-'" ... .. . ','--.'....-..",--- -...' .... ... ....+. ZONtNG MAP 104 'OIRIGINAL Exhibit B Z()ne ehange Legal Descripti()n ~ fQt-.IC~~ o ~ >- - .... m _ r- <.) C) ORIGINAL LEGAL DESCRIPTION FOR ZONE CHANGE & PLAN AMENDMENT PORTION OF ASSESSOR'S PARCEL 531-010-17 - JACK HOOD ZONE DESIGNATION: R2 PLAN DESIGNATION: HMR BEING A PORTION OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 29 SOUTH, RANGE 29 EAST, M.D.B.M. AS DESCRIBED BELOW. COMMENCING AT THE CENTER OF SAID SECTION 18; THENCE.S89027'51 "E A DISTANCE OF 658.92' ALONG THE NORTH LINE OF THE: SOUTHEAST QUARTER OF SECTION 18 TO THE NORTHWEST CORNER OF PARCEL B OF LOT LINE ADJUSTMENT 323 DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 1, 1993 IN BOOK 6902, PAGE 896 OF OFFICIAL RECORDS TO THE TRUE POINT OF BEGINNING; 1. THENCE ALONG SAID NORTH LINE S89027'51 "E A DISTANCE OF 658.92 FEET TO THE EAST LINE OF SAID PARCEL; 2. THENCE ALONG SAID EAST LINE S00029'53"W A DISTANCE OF 75.80 FEET: 3. THENCE S41001'08"W A DISTANCE OF 263.12 FEET TO THE BEGINNING C)F A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 1,500 FEET; 4. THENCE ALONG SAID CURVE AN ARC LENGTH OF 620.69 FEET THROUGH AN INCLUDED ANGLE OF 23042'32" TO THE WEST LINE OF SAID PARCEL B; 5. THENCE NOo030'39"E A DISTANCE OF 652.48 FEET ALONG SAID WEST LINE TO THE POINT OF BEGINNING. CONTAINING 6.19 GROSS ACRES MORE OR LESS Page 1 of2 Job 115-01-00 Last printed 12/16/2005 8:28:00 AM ~ fQAI(~~ (:) ~ ~ - I- m - r- c..> C) ORIGINAL Exhibit e Mitigati()n/C()nditi()ns ()f Appr()val ~ fQ"kt-2 (:) ~ 5 ~ ORIGINAL EXHIBIT C Mitigati()n/e()nditi()ns ()f Appr()val General Plan AmendmentlZ()ne ehange N(). ()6-()349 MITIGATION MEASURES FROM NEGATIVE DEeLARATION: Biolooical Resources 1, Because evidence of the San Joaquin Kit Fox and the American Badger was found on the project site, all construction personnel shall be trained in sensitive species identification and avoidance techniques and be instructed to be on the lookout for sensitive species sign during earth disturbance phases of construction. Any evidence, such as dens, shall be avoided and reported to the reviewing agencies for resolution, Mitigation for potentially significant biological resource impacts. 2, A preconstruction clearance survey shall be conducted within 30 days of initial ground disturbance in accordance with the provisions of the MBHCP. Any identified kit fox dens shall be monitored, excavated, and backfilled in accordance with the recommendations of the MBHCP, CDFG, and USFWS. Mitigation for potentially significant biological resource impacts. 3, The applicant shall conduct California Department of Fish and Game protocol level Blunt-Nosed Leopard Lizard (BNLL) surveys to determine if BNLL are present on the project site, Any evidence shall be reported to the reviewing agencies for resolution, Mitigation for potentially significant biological resource impacts. Cultural Resources: 4, If archaeological resources are encountered during the course of construction, a qualified archaeologist shall be consulted for further evaluation. Mitigation for potentially significant cultural resource impacts. 5. 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 resource impacts. 6. If paleontological resources are encountered during construction, a qualified paleontologist shall be retained by the developer to evaluate the significance of the resources and formulate a mitigation program if necessary. The paleontologist shall ~ fQ"'k~-9. (:) ~ :a... iii !:: r- t) c:, ORIGINAL Exhibit C GPAlZC No, 06-0349 Mitigation/Conditions of Approval coordinate with the City of Bakersfield Planning Department. Mitigation for potentially significant paleontological resource impacts. Traffic and Circulation: 7. Prior to the issuance of any building permit, the developer shall pay the applicable Regional Transportation Impact Fee (RTIF) to the satisfaction of the City of Bakersfield Public Works Department. Mitigation for potentially significant traffic and circulation impacts. ADDITIONAL CONDITIONS OF APPROVAL: Public Works: 8. Along with the submittal of any development plan, prior to approval of improvement plans, or with the application for a lot line adjustment or parcel merger, the following shall occur: a, Provide fully executed dedication for Panorama Drive to collector standards for the full frontage of the area within the GPAlZC 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, b, This GPAlZC area is within the Breckenridge drainage area and shall follow the requirements, build the proposed improvements and pay the necessary fees of the area. If the entire Breckenridge drainage area improvements have not been constructed, temporary drainage basins may be required to be constructed within the GPAlZC area and remain in place until all of the infrastructure is constructed. c. Sewer service must be provided to the GPAlZC area, This area is within the Northeast Planned Sewer Area and shall follow the requirements, build the proposed improvements and pay the necessary fees of the area, There is a sewer trunk line at the south boundary of this GPAlZC area - the tract design shall either locate a street over the existing sewer trunk line or, if approved by the City Engineer, the developer shall relocate the trunk line to be within new street right-of-way, Page 2 of 4 ~ fQAI(~~ <:> ~ :a... _ /- m t3 S ORIGINAL Exhibit C GPAlZC No. 06-0349 Mitigation/Conditions of Approval 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. For orderly development, 9, The entire area covered by this GPAlZC 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 GPAlZC area, For orderly development, 10. With the development of the project area, approved, improved access to the site must be provided. 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. 11. 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 standard, with a-foot graded shoulders. To provide access to the site, construct either: (a) Panorama Drive west to Morning Drive as a two lane roadway, 32-foot minimum paved width, with expansion at the intersection for dedicated left turn lanes east and west bound with necessary restriping of the east bound leg; or, (b) Extend Panorama Drive east to Vineland Road, if complete, as a two lane roadway, 32-foot minimum paved width, with expansion at the intersection for dedicated left turn lanes east and west bound with necessary restriping of the north, south and west bound legs, For orderly development. Page 3 of 4 ~ fQ"K~~ 5 ! ORIGINAL Exhibit C GPAlZC No. 06-0349 Mitigation/Conditions of Approval City Attornev: 12, 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. Page 4 of 4 ~ <?>"'I(~~ o ~ :a... _ I- m - r- <.) I::) 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 December ,2006 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4397 passed by the Bakersfield City Council at a meeting held on the 13th day of December. 2006 and entitled: ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06,020 (ZONING MAP 104-18) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM R-1 (ONE-FAMILY DWELLING ZONE) TO R-2 (LIMITED MULTIPLE-FAMILY DWELLING ZONE) ON 6.19 ACRES, GENERALLY LOCATED ON THE NORTH SIDE OF PANORAMA DRIVE (FUTURE), APPROXIMATELY ONE-QUARTER MILE WEST OF VINELAND ROAD (ZC NO. 06-0349) PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the Cit)t of Bakersfield By: ~ -=1-...vJL:- DEPUTY ty Clerk S:\DOCUMENT\FORMS\AOP .ORD.wpd ~ fQt>./(~-9 C) % >- - I- rn c:; E; ORIGINAL