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Home My WebLink AboutORD NO 4422 ORDINANCE NO. 4 4 2 2 AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONING MAP 142-03) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM R-S-20A (RESIDENTIAL SUBURBAN 20 ACRE MINIMUM LOT SIZE) TO R-2 (L1MTED MULTIPLE FAMILY DWELLING) ON 20 ACRES, LOCATED AT THE SOUTHEAST CORNER OF TAFT HIGHWAY AND ASHE ROAD. (ZC NO. 06-0938). 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 being annexed to the City of Bakersfield located at the southeast corner of Taft Highway and Ashe Road; and WHEREAS, by Resolution No. 249-06 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. 06-0938 as delineated on attached Zoning Map 142-03 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-S-20A (Residential Suburban 20 acre minimum lot size) to R-2 (Limited Multiple Family Dwelling) on 20 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 October 20, 2006, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows 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. 249-06, 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 withwith 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. ~ 'O~Kc?> C) % ;:... - I- m _ r- (.) <::1 ORIGINAL 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 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 in said City, the boundaries of which property is shown on Zoning Map 142-03 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. 06-0938. 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()--------- Page 2 of 3 ~ 'O~K~-9. o ~ ;:... - I- m _ r- (,) <::1 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 March 14, 2007 by the following vote: AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER CAR't'ON, BEN"M, W~, COUCH, HA~ON, SULLIVAN, SCR'j(NER MY\L l'U7Y\..IZ...- {' n t.lL.li\ I 41...1,,u vt>vto.- PAMELA A. McCARTHY, C CITY CLERK and Ex Officio lerk of the Council of the City of Bakersfield APPROVED MAR 1 4: 2007 HARVEY L. HALL Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney By: ~7Jz-~ Exhibit A - Zoning Map 142-03 B - Zone Change Legal Description C - Mitigation/Conditions of Approval MO - S:\GPA 4th 2006\06-0938\Resolutions\Cc ZC Ord 06-0938.doc ~ 'O~K~~ o ~ ;:... - I- m - r- (,) <::1 ORIGINAL Exhibit A l()ning Map 142-03 ~ 'OAt, .:>.. - ~ & ORIGINAL - ("I)- o~ Ie N ~ - 90-. \1.1..",._ ii:~.., ~~.,: \1.1 Ie) z' ~ZS >0 . ... 2 U Nfl), I: · i.. I iiii I! 'Ii III I ' ~..J + I . ;_ I - Ii N I, i ; ! . i I ;; IJ ,. i I . I, ! II ,I I .. '1 f "" I It I. 3 ~] Ii .. . ' , " Idl~n;i!tij!111 III!I ifill :' IIhJlii=~!!!111 il11li illl'; lIfll,s'. i~I!:llj!ifi:i!!I.d ,11!!ljlm n;~1 . h IIli!iiiil!1 i.llhhiil:lu.III:li. ?~ ~.. .. ". s'l .... - -," ... -.. .. · ... · - W.O ,,_.. If . c' .... .. . 1". . . . ~ ..,. .. . .....~.. . . ~1.vvv...llcc..3 .lct~...1 ZONE CHANGE 06-0938 ,; .~, .... .., , Z I I I t I , I I , 'I~ ~ i '... - - ___0_______ t I I I L____...J :; '. ! I -! N a: ~ ! Z ~ ~ Cf a: 4- .. C' I - 1____- 'l I. I + I I~----~-- is < -------------- :r I cs . ~:r II: ~:r C "' .~, *W .., I , I 1 .1 I I I t , , I I I I I , , I I I . l I ~ .J I . . .~. H'~;; ..r...... .;', ~~." .~... ~,.. ~ -."; ~..7.. "',:'i~~~ -- . .. ~ ... I .i "II ill !Ul II!I "lIi. . liill' '+ . I!II~ ~ J~-9~ .:>.. - '1'\ ~ I m 0.. 'ALE; ZONING MAP '42-03' N Exhibit B l()neChangeLegalDescription ~ 'OA/f~~ .:>.. .- ~ & ORIGINAL ZONE CHANGE LEGAL DESCRIPTION ALL THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 31 SOUTH, RANGE 27 EAST, MOUNT DIABLO BASELINE AND MERIDIAN, IN THE UNINCORPORATED AREA OF THE COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PROPOSED R-2 [EXISTING E(20)RS] BEGINNlNG AT THE NORTHWEST CORNER OF SAID SECTION 3, SAID POINT ALSO BEING THE CENTERLINE INTERSECTION OF TAFT lDGHWAY (STATE ROUTE VI- KER-1l9) AND ASHE ROAD (COUNTY ROAD NO. 199); THENCE ALONG THE FOLLOWING FOUR (4) COURSES: 1) soum 89004'31" EAST, ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 3 AND THE CENTERLINE OF LINE OF SAID TAFT IDGHWAY, A DISTANCE OF 660.62 FEET; THENCE 2) DEPARTING SAID NORTH LINE AND SAID CENTERLINE, SOUTH 00045'42" WEST, A DISTANCE OF 1293.53 FEET; THENCE 3) NORTH 89010'13" WEST, A DISTANCE OF 660.62 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 3, SAID POINT ALSO BEING ON THE CENTERLINE OF SAID ASHE ROAD; THENCE 4) NORTH 00045'41" EAST, ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 3 AND THE CENTERLINE OF SAID ASHE ROAD, A DISTANCE OF 1294.62 FEET TO THE POINT OF BEGINNING. CONTAINING 19.63 ACRES, MORE OR LESS. MciNTOSH & ASSOCIATES 2001 Wheelan Court Bakersfaeld, CA 93309 (661) 834-4814 P:\PROJECTS\05033\LEGALS\OS033ZCIep1.doc BOM 1141--05 ~ ~"'/(C1> o ~ .>- - I- m - r- <..) C;) ORIGINAL Exhibit C Mitigati()n/C()nditi()ns of Appr()val ~ 'OAK~-t. o ~ .:>.. -- ~ S ORIGINAL EXHIBIT C Mitigati()n/Conditi()ns ()f Appr()val General Plan Amendment/Zone Change/Annexati()n N(). 06-0938 Cultural Resources 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 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. Noise 3. With submittal of a tentative tract map application for the GPAlZC area, the sound walls described herein shall be shown on the proposed map; through tract map conditions of approval, these walls shall be required to be constructed prior to recordation of the affected phase(s). An eight-foot tall masonry sound wall shall be constructed along the northern boundary of the GPAlZC area. In addition, eight-foot tall, 100-foot long masonry wing walls (connected to and perpendicular to the above-described sound wall) shall be constructed along the eastern and western boundaries of the GPAlZC area. If the subdivider submits an acoustical analysis demonstrating that wing walls less than eight feet in height and/or less than 100 feet in length would be sufficient to attenuate noise levels within all residential lots to 65 dB CNEL or less, then the Planning Director may permit deviations to these dimensions. The sound wall (including wing walls) shall be continuous without any gaps or openings. Mitigation for potentially significant noise impacts. Public Works Conditions 4. 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 Taft Highway to Caltrans standards and Ashe Road to arterial standards for the full frontage of the area within the GPA request. Design for Taft Highway shall comply with Caltrans requirements and Caltrans comments dated Nov. 7, 2006. 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 map. Fororderly development. b) Comply with the comprehensive drainage study reviewed and approved by the City Engineer approved November 6, 2006, and dedicate any required retention site and ~ 'OAKc~ o ~ ;:... - I- m - ,... (,) C) ORIGINAL Exhibit C GPAlZC 06-0938 Mitigation/Conditions of Approval Page 2 of 3 necessary easements to the City. For orderly development. c) Submit a comprehensive sewer study to be reviewed and approved by the City Engineer. 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. For orderly development. 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. 5. 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. 6. 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. 7. The tract design shall accommodate the access provided by the design of approved Tentative Tract 6759 to the west. No access will be allowed onto Taft Highway. For orderly development. 8. If it becomes necessary to 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. 9. The Taft Highway crossing and the Ashe Road crossing of the Farmers Canal needs to be widened. The Mountain Ridge crossing and the Curnow Road crossing of the Farmers Canal needs to be constructed. Developer shall aid in the formation of a Major Bridge and Thoroughfare Area for these crossings. For orderly development. 10. Reoional Transoortation Imoact Fee: Prior to the issuance of building permits, the project applicant shall participate in the RTIF program by paying the adopted residential fee in place at time of development. For orderly development. 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 ~ ~Akc~ o ~ >- - 5 S ORIGINAL Exhibit C GPAlZC 06-0938 Mitigation/Conditions of Approval Page 3 of 3 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. Department of Toxic Substances Control Condition 12. With the submittal of any tentative subdivision map or site plan review application for the GPAlZC area, the applicant shall submit with the application a Phase I Environmental Assessment for the project site. For health, safety and public welfare. PH:\\S:\GPA 4th 2006\06-0938\Resolutions\Exhibit C.doc ~ 'OA~ c % ;:... - 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. 4422 I 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 42-03) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM R-S-20A (RESIDENTIAL SUBURBAN 20 ACRE MINIMUM LOT SIZE) TO R-2 (LIMITED MULTIPLE FAMILY DWELLING) ON 20 ACRES, LOCATED AT THE SOUTHEAST CORNER OF TAFT HIGHWAYAND ASHE ROAD. (ZC NO. 06-0938). PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield BY:~~~ DE~y Clerk ..... S:\DOCUMENT\FORMS\AOP .ORD.wpd 3/15/2007 ~ 'O~Kc'9 o % >- - .... m - r- (,) <::1 ORIGINAL