HomeMy WebLinkAboutORD NO 4409
ORDINANCE NO.
~409
AN ORDINANCE DENYING THE APPEAL AND ADOPTING A
NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020
(ZONE MAP NO.1 04-32) OF TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING
FROM AN A (AGRICULTURE) ZONE TO AN R-S (SUBURBAN
RESIDENTIAL) ZONE ON 20 ACRES GENERALLY LOCATED ON
THE SOUTH SIDE OF PIONEER DRIVE (EXTENDED),
APPROXIMATELY 660 FEET EAST OF VINELAND DRIVE
(FILE # 06-0581).
WHEREAS, in accordance with the procedure 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 on the south side of Pioneer Drive, approximately 660 feet east of
Vineland Drive as shown on attached Exhibit "3"; and
WHEREAS, by Resolution No. 141-06 on July 20, 2006, the Planning
Commission recommended conditional approval and adoption of an ordinance amending Title
17 of the Municipal Code to approve R-S (Residential Suburban) zone as delineated on
attached Zoning Map No. 104-32 marked Exhibit "4", by this Council and this Council has fully
considered the recommendations made by the Planning Commission as set forth in that
Resolution; 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 an A (Agriculture)
zone to an R-S (Residential Suburban) zone on 20 acres, and the Council has considered said
findings and all appear to be true and correct; and
WHEREAS, property owner has requested annexation to the City of Bakersfield;
and
WHEREAS, said property is proposed to be pre-zoned in accordance with
Government Code Section 65859; and
WHEREAS, an appeal was filed by James B. Wiens, representing the Stoller
and Lehr families, in the manner prescribed by the Bakersfield Municipal Code; and
WHEREAS, the City Council through its Clerk set September 13, 2006, at the
hour of 6:30 p.m., in the Council Chamber of City Hall, Bakersfield, California, as the time and
place for the Council to hold an public hearing and consider the appeal; and
WHEREAS, testimony in favor and in opposition was given at said hearing held
on September 13, 2006; and
WHEREAS, at the close of said September 13, 2006 hearing, the City Council
directed staff to respond to several questions and re-advertise another public hearing to
consider this appeal; and
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ORIGINAL
WHEREAS, the City Council through its Clerk set October 11, 2006, at the hour
of 6:30 p.m., in the Council Chamber of City Hall, Bakersfield, California, as the time and place
for the Council to consider the appeal; and
WHEREAS, said hearing was continued to November 15, 2006, at the hour of
6:30 p.m., in the Council Chamber of City Hall, Bakersfield, California, as the time and place for
the Council to consider the appeal; and
WHEREAS, at the request of the applicant, said hearing was continued to
February 7,2007; and,
WHEREAS, the law and regulations relating to the preparation and adoption of
Negative Declarations, as set forth in CEQA and City of Bakersfield's CEQA Implementation
Procedures, have been duly followed by city staff, Planning Commission and this Council; and
WHEREAS, a Negative Declaration was advertised and posted on June 21,
2006, in accordance with CEOA; and
WHEREAS, the general plan designation for this area allows suburban
residential development; and
WHEREAS, the applicant proposed a conceptual lot and street layout of the
subject property as shown in attached Exhibit "2"; and
WHEREAS, upon mutual agreement between the appellant and the applicant,
certain conditions of approval have been revised and added to the project that are reflected in
attached Exhibit "1"; and
WHEREAS, the City Council has duly heard and considered all testimony, and
hereby makes the following findings:
1. All required public notices have been given.
2. The provisions of the California Environmental Quality Act (CEQA) have been
followed.
3. The public necessity, general welfare and good zoning practice justify the
requested change of zone from the existing zoning district to R-S (Residential
Suburban) zone.
4. The project, as conditioned, is consistent with the goals and policies of all
elements of the general plan.
5. The conditions of approval are necessary for orderly development or to provide
for the public health, welfare and safety.
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ORIGiNAl
SECTION 1.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield
as follows:
1 . All of the foregoing recitals are hereby found to be true and correct.
2. The appeal is denied.
3. The Negative Declaration is hereby approved and adopted.
4. 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. No. 104-32
marked Exhibit "4" attached hereto and made a part hereof, and are more specifically described
in attached Exhibit "5 ".
5. Such zone change is hereby made subject to the conditions of approval
listed in attached Exhibit "1."
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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ORIGINAL
I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by
the Council of thEi City of Bakersfield at a regular meeting thereof held on
'FB 2 8 2001 by the following vote:
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NOES:
ABSTAIN:
ABSENT:
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COUNCILMEMBER: CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER:
COUNCILMEMBER:
COUNCILMEMBER:
PAMELA A. McCARTHY, C
CITY CLERK and Ex Officio lerk of the
Council of the City of Bakersfield
fEB 2 8 2007
APPROVED as to form
VIRGINIA GENNARO
City Attorney
By: f}M;7J1- ~
Exhibits:
1. Conditions.
2. Conceptual Lot and Street Layout
3. Location Map.
4. Zone Map 104-32
5. Legal Description
Jeng \ S:\ZoneChange\yr 2006\06-0581\CC\Feb 28\OZC.DOC
February 2, 2007
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ORIGiNAl
EXHIBIT "1"
CONDITIONS OF APPROVAL
ZONE CHANGE # 06-0581
PUBLIC WORKS
1. 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:
1.1 Provide fully executed dedication for Pioneer Drive to collector standards for the full
frontage of the area within the 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 ZC area is submitted, dedication can be provided with the
map.
1.2 This ZC 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 ZC 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 ZC area, showing it's
proportionate share of the necessary ultimate storm drainage facilities.
1.3 Sewer service must be provided to the ZC 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.
1.4 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.
2. The entire area covered by this Zone Change 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 area.
3. Access to the project area from Pioneer Drive is provided by a sub-standard road. With the
development of the project area, approved, improved access to the site must be provided to an
existing public street. 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.
By JENG / S:\ZoneChangelyr 2006106-05811CCIFeb 28IExht.doc
February 2, 2007
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ORIGINAL
Exhibit "1"
ZC # 06-0581
Page 2 of 3
CITY ATTORNEY
4. 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 CEOA 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.
PLANNING
5. If during construction activities or ground disturbance, cultural resources are uncovered, the
developer shall stop work and retain a qualified archeologist for further study. Developer shall notify
the proper authorities and be subject to any mitigation measures required of the archeologist.
Mitigation measure as recommended by Hudlow Cultural Resource Associates prepared a Phase 1
Cultural Resource Survey (March 2006).
6. Prior to land disturbance the applicant is required to determine the presence of Blunt-Nosed Leopard
Lizard and mitigate accordingly.
Mitigation Measure
7. Adjacent to A (Agriculture) zoning, the lots shall have a minimum lot depth of 175 feet and shall be
designed so that rear yards abut the A (Agriculture) zone.
Included by the Planning Commission at the July 20,2006 meeting and agreed to by the applicant's
representative.
By JENG I S:\ZoneChangelyr 2006106-05811CCIFeb 28\Exh1.doc
February 2, 2007
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ORIGINAL
Exhibit "1"
ZC # 06-0581
Page 3 of 3
8. With recordation of a final map, subdivider shall record a covenant on each lot within the future
subdivision regarding a "Neighboring Business Activity" notice that shall read similar to the
following:
"The County of Kern and the City of Bakersfield encourages operation of properly
conducted business in agriculture, oil, mining, manufacturing and other nonresidential
operations. If the property you are purchasing is located near these businesses, you may
be subject to inconveniences or discomforts arising from such operations to the extent
allowed by law. This notice does not waive your legal rights."
Condition No.8 was included by the Planning Commission at the July 20,2006 meeting and agreed
to by the applicant's representative.
The following conditions of approval were agreed upon by the applicant and the appellant, and included
in the approval by the City Council.
9. The development of the project site shall be as shown on the attached Exhibit "2" depicting a
maximum of 26 residential lots and a drainage basin. (Note: The Public Works Dept. and Fire
Dept. have agreed to the maximum 26 lots as shown on Exhibit "2".)
1 O. Upon development of the property, developer shall construct a six (6) foot high concrete block wall
along the east and south boundaries of the project site.
11. Upon development of the property, developer shall record a waiver of vehicular access along the
east and south boundaries of the property to prevent access from the adjacent agricultural
properties.
12. The street width shall be 60 feet wide (as shown on Exhibit "2") and shall stay at that width to
maintain access. (Fire Dept. requirement for public safety.)
13. Fire hydrants are required and installed per Fire Department (see David Weirather, Fire Prevention
section) (Fire Dept. requirement for public safety.)
By JENG / S:\ZoneChangelyr 2006106-05811CCIFeb 28\Exht.doc
February 2, 2007
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ORIGINAL
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EXHIBIT "2"
CRAWFORD
CONCEPTUAL SITE MAP
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26 Resldenll8lloII- 24,000 SF"*,. (0.55 AC)
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20 ACRE SITE
CONCEPT 1 9-8-2006 R.B.
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ZONING MAP 10A.BUG1NAL .
EXHIBIT "5"
ZONE CHANGE FROM 'A'TO RS
LEGAL DESCRIPTION
The parcel of land referred to herein below is situated in the County of Kern, State of
California and is more particularly described as follows:
All of the east half of the northwest quarter of the northwest qUarterof Section 32, Township.
29 South, Range 29 East, Mount Diablo Base and Meridian, in the County of Kem, State of
California, according to the official plat of the survey of land on file with the Bureau of Land
Management.
Said parcel contains twenty acres, more or less.
Covers Assessor'S Parcel No. 388-271-10
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ORIGINAL
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) 55.
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 1 st day of March. 2007 she posted on the Bulletin Board at City Hall, a
full, true and correct copy of the following: Ordinance No. 4409 passed by the
Bakersfield City Council at a meeting held on the 28th day of February. 2007 and
entitled:
AN ORDINANCE DENYING THE APPEAL AND ADOPTING A
NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020
(ZONE MAP NO 104-32) OF TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING
FROM AN A (AGRICULTURE) ZONE TO AN R-S (SUBURBAN
RESIDENTIAL) ZONE ON 20 ACRES GENERALLY LOCATED ON
THE SOUTH SIDE OF PIONEER DRIVE (EXTENDED).
APPROXIMATELY 660 FEET EAST OF VINELAND DRIVE
(FILE # 06-0581).
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By: ~l 2 ~ :=t-~:" .K
DEPU Y City lerk
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