HomeMy WebLinkAboutORD NO 4417
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) TO R-2 (LIMITED MULTIPLE FAMILY DWELLING)
ON 10-ACRES, GENERALLY LOCATED ON THE WEST SIDE
OF VINELAND ROAD, NORTH AND SOUTH OF PANORAMA
DRIVE. (ZC 06-0544).
441'1
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 on the west side of Vineland Road, north and and south of
Panorama Drive; and
WHEREAS, by Resolution No. 253-06 on December 21, 2006, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve Zone Change No. 06-0544 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) to R-2 (Limited Multiple Family Dwelling) on 10-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 8, 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. 253-06, adopted on
December 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 CEOA.
4.
The proposed project is consistent with surrounding uses.
1
!< fQt.Kc-9
<:s ~
~ -
J- rn
- ,....
" ~
ORIGINAL
as follows:
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. 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
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 104-18 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.
06-0544.
2
~ co "kf<9
<:s ~
>- -
J- ~
(3 <::1
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.
---------()o()---------
3
~ coM~~
o ~
>- rn
I- r
(3 Q
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 .....MAR..J 4 2007
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CA~ON, BE~M, w~ COUCH, HA~N, SULLIVAN, SC~ER
COUNCILMEMBER ~
COUNCILMEMBER ~
COUNCILMEMBER t!..Du..cl-L1 ~.A( 1} ...~
" d~
PAMELA A. McCARTHY, C
CITY CLERK and Ex Officio erk of the
Council of the City of Bakersfield
APPROVED MAR 1 4 2007
HARVEY . A L
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
By: ~/h-. ~
Exhibit A - Zoning Maps 104-18
B - Zone Change Legal Description
C - Mitigation/Conditions of Approval
JS - S:\GPA 4th 2006\06-0544\Resolution\CC ZC Ordinance.06-0544.doc
4
~ co "Kc-s>
o %
>- -
I- rn
_ r
(;) <::1
ORIGINAL
Exhibit A
Z()ne Map 104-18
~ co"K~-9
o ~
>- -
I- ~
(3 <::1
ORIGINAL
(011/
-~
I a!
V
o
-
~~~.. ,I
~::E=
~ ..II
J(!) ~ it!
~~ ilx'
Z!2 11118
52~ ~II B
. +'-
-
.
. I
I
I
+
li- . I.
,I ,. " i .'
, I S';' I. S' .
n Ip ISI I "
,t " III I I
Idlhlii!i!ilBllll II 11111 ~ ...
IIbum~:~:IIIII"III!I~I!lllIu:
i Ilill!~ Hi) dhlrltlu Ultlll lI!:i,
, .,! I' _.. s.. .
".. ..,,_e .. . " __eu"",,' II I .....
.... ...... .... cl~~uu...".~.'6 .IUIt.....
ZONE CHANGE 06-0544
~,.- ... ..
.I.
f~
. .." .
&._--~-:-:.--r~~ .
'" I
I
r-----~----.. r------,
I II I
! III ~ I
I -:-1 I u :
I . U I !
.. '," ~. .:-.....----- ....-.. - _..+.
'.
"'[E).s~ ,..'
....~
~ .
. \
. .
'" .
.." ..If
.. '
.
.
. .
","."
'-.
,
;I; .....
'. . . .
'.
,"
T
C
, c
, .
n-,., ... ..
;'
$ .
I
I
t
.
;
I
I
, A
~. ~.,:. :" ';:' .
.'
II
1- Jill
I Iii
IpI"K~
o
>-
I-
Q
ZONING. MAP 104-18
e
3 ~~
i ..,:
:Ii 0 W I
It)
~ cj ....
:l Z ~ ..
Il: I .::30 2~
_ o'
en ..
cj III ~ I
:l
! Il: N
0
3
~
~
Lt)~
o
I
CO
o
W
C!)
z
~JJ
W:Ii
Z~
o
N
cj
i!
OVO~ ONV13N,^
~N
.....0::
0::
3
it
co
.....
i
c
;5
='
i
8
it
3
i
I
I
I
:!
i
I
I
I
I
I
I
I
I
I
I I
I !E
I ~ cl
I i
i i
i
I
I
i
I
I
i
i
I
i
I
I
I
i
I
,
IJ CO K~-9
~
. 0 IGINAL
CITY OF BAKERSFIELD
ZONING DISTRICT DESIGNATIONS
R-1 One Family Dwelling C-O 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-S Residential Suburban C-C Commercial Center
24,000 sq.ft.ldwelling unit
C-B Central Business
R-S-1A Residential Suburban
1 acre minimum lot size PCO Planned Commercial Development
R-S-2.5A Residential Suburban M-1 Light Manufacturing
2% acre minimum lot size
M-2 General Manufacturing
R-S-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 area/dwelling unit OS Open Space
R-3 Multiple Family Dwelling HOSP Hospital Overlay
6,000 sq.ft. minimum lot size
1,250 sq.ft. lot area/dwelling unit AD Architectural Design Overlay
R-4 High Density 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
01 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
HO Hillside Development Combining
PUO Planned Unit Development
TT Travel Trailer Park
MH Mobilehome
S:\Forms\zoneDistricts.doc
!< fQ~l(f<9.
<:) ~
~ -
J- rn
_ r
" C:)
ORIGINAL
Exhibit B
Z()ne Change Legal Descripti()n
~ co"'C~~
o ~
f= ~
(3 0
ORIGINAL
,
.
Legal Description
(R-l to R-2)
All that certain real property in the City of Bakersfield, County of Kern, State of
California, described as follows:
The Southeast Quarter of the Southeast Quarter of the Northeast Quarter of Section 1~,
Township 29 South, Range 29 East, M.D.M. in the City of Bakersfield, County of Kern,
State of California, according to the official plat thereof, also described as follows:
Beginning at the East Quarter comer of said Section 18;
Thence 1) N 89029' 56" W, 658.84 feet;
Thence 2)N 000 27' 45" E, 660.56 feet;
Thence 3) S 89030' 51" E, 658.67 feet;
Thence 4) S 00026' 51" W, 660.73 feet to the p<>int of beginning.
Contains 9.99 acres, more ()r less
~ co~Kt<9.
o ~
>- -
I- rn
_ r-
" <::1
ORIGINAL
Exhibit C
Mitigati()n/C()nditi()ns ()f Apr()val
~ fQ"Kc-9.
o %
>- -
I- rn
- ,....
(;) <::1
ORIGINAL
EXHIBIT C
C()nditi()ns ()f Appr()val
General Plan AmendmentlZ()ne Change N(). 06-0544
MITIGATION MEASURES FROM NEGATIVE DECLARATION:
Culturallmoact 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
resource impacts.
2, If human remains were 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.
Biolocical Resource Mitication Measures:
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.
Traffic Imoact Mitication Measures:
4. 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:
5. 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 Vineland Road and Panorama Drive to arterial and
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. (For orderly development)
6. This GPAlZC area is within the Breckenridge drainage area and the developer 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. (For orderly development)
7. This area is within the Northeast Sewer Area and the developer shall follow the requirements, build
the proposed improvements and pay the necessary fees of the area. Submit verification to the City
~ cot>.Kc-9
o %
;= m
- ~
(;) <::1
ORIGINAL
Exhibit C
Conditions of Approval
GPAlZC 06-0544
Page 2 of 2
Engineer of the Northeast sewer system's capability to accept the additional flows to be generated
through development under the new land use and zoning. (For orderly development)
8. 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 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)
10. 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)
11. Local Mitioation
We recommend that the development be required to pay into the adopted Regional Traffic Impact
Fee fixed rate program. (Mitigation for potentially significant traffic and circulation impcts)
Citv 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 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.
JS: S:\GPA 4th 2006\06-0544\Slaff Reports\Exhibil A-1.doc
~ co~Kc-9
o ~
~ -
I- m
_ r-
(;) <::1
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 15th
day of March, 2007 she posted on the Bulletin Board at
City Hall, a full, true and correct copy of the following: Ordinance No. 4417 ,passed
by the Bakersfield City Council at a meeting held on the 14th day of March, 2007 and
entitled:
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) TO R-
2 (LIMITED MULTIPLE FAMILY DWELLING) ON 10-ACRES,
GENERALLY LOCATED ON THE WEST SIDE OF VINELAND ROAD,
NORTH AND SOUTH OF PANORAMA DRIVE. (ZC06-0544).
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
-~~
DEP TY City Clerk
S:\DOCUMENT\FORMS\AOP ,ORD,wpd
3/15/2007
~ fQ~Kc~
o %
,)... -
I- rn
- ,....
(;) <::1
ORIGINAL