HomeMy WebLinkAboutORD NO 4428
ORDINANCE NO.
'428
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING
SECTION 17.06.020 (ZONE MAP NO. 104-18) OF TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM R-1
(ONE FAMILY DWELLING) TO R-1/PUD (ONE FAMILY DWELLING/PLANNED
UNI DEVELOPMENT) ON 29.07 ACRES GENERALLY LOCATED AT THE
SOUTHWEST INTERSECTION OF CITY HILLS DRIVE AND VINELAND ROAD
(FUTURE). (ZC # 06-1829)
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 at the southwest intersection of City Hills Drive and Vineland Road
(future) (APNs 531-010-56 and -55) as shown on Exhibit "B";
WHEREAS, by Resolution No. 17-06 on February 15, 2007, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve Zone Change 06-1829 as delineated on attached Zoning Map No.
104-18 marked Exhibit "C", 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 change in the zoning of the
subject property from R-1(One-Family Dwelling) zone to R-1/PUD (One-Family/Planned Unit
Development) zone on 29.07 acres to allow development of single family residential homes,
landscaping, and a private park; and the Council has considered said findings and all appear to
be true and correct; and
WHEREAS, the provisions of CEQA and City of Bakersfield CEQA Implementation
Procedures have been followed. Staff determined that the proposed activity is a project and an
initial study was prepared for the original project (File No. GPAlZC No. P99-0647) of the subject
property and a Environmental Impact Report was adopted on and certified on November 15, 2000
and amended on March 1, 2002 for related File No. GPAlZC No. P99-0647 and duly noticed. The
EIR's State Clearinghouse number is 2000011101; and
WHEREAS, said certified Environmental Impact Report for the original project is the
appropriate environmental document to accompany project approval. In accordance with CEQA
Section 15162, no further environmental documentation is necessary because no substantial
changes to the original project are proposed, there are no substantial changes in circumstances
under which the project will be undertaken and no new environmental impacts have been identified.
The project will not significantly impact the physical environment, because mitigation measures
relating to cultural resources, air quality have been incorporated into the project; and
WHEREAS, for related project (File No. GPAlZC 05-1271) within the project site,
an initial study was conducted and it was determined that the proposed project would not have a
significant effect on the environment and a Negative Declaration was prepared and approved by
the City Council on November 15, 2006, in conjunction with Project No. GPAlZC 05-1271 and in
accordance with CEQA; and
WHEREAS, the law and regulations relating to the use of a previously adopted
Environmental Impact Report and Negative Declaration, as set forth in CEQA and City of
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Bakersfield's CEQA Implementation Procedures, have been duly followed by city staff, Planning
Commission and this Council; and
WHEREAS, the general plan designation for this area allows Low Density
Residential development; and
WHEREAS, the applicant has concurrently submitted preliminary development
plans approved on February 15, 2007 by the Planning Commission; and
WHEREAS, the project is related to Vesting Tentative Tract Map 6696, approved
on February 15, 2007 by the Planning Commission; and
findings:
WHEREAS, the City Council has considered and hereby makes the following
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 the R-1/PUD (One
Family/Planned Unit Development zone).
4. The overall design of the project, as conditioned, is consistent with the goals and
policies of all elements of the general plan.
5. The conditions of approval, attached hereto as Exhibit "A" are needed to provide
for orderly development, and the public health, welfare and safety; and
6. Pursuant to BMC Section 17.52.070 for PUD find that:
A. The proposed planned residential development zone and
preliminary development plan is consistent with the General Plan
and objectives of this ordinance.
B. The proposed development will constitute a residential
environment of sustained desirability and stability, and it will
compliment and harmonize with the character of the surrounding
neighborhood and community.
C. The proposed development justifies exceptions from the normal
application of this code in that it integrates such elements as the
location of structures, circulation pattern, parking, landscaping and
utilities, together with a program for provision, operation and
maintenance of all areas, improvements, facilities and services
provided on the property.
SECTION 1.
as follows:
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield
1.
All of the foregoing recitals are hereby found to be true and correct.
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2. The project is consistent with the Environmental Impact Report certified
for the original project (File No. GPAlZC No. P99-0647) and with the Negative Declaration
adopted for GPAlZC 05-1271.
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. No. 104-18
marked Exhibit "C" attached hereto and made a part hereof, and are more specifically described
in attached Exhibit "D".
4. Such zone change is hereby made subject to the conditions of approval
listed in attached Exhibit "A."
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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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 APR 2 5 2007
by the following vote:
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COUNCILMEMBER: CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER:
COUNCILMEMBER:
COUNCILMEMBER: ~, 'S~IL_
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PAMELA A. McCARTHY C
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APR 2 5 2007
HARVEY L. ALL
Mayor of the City of Bakersfield,
APPROVED as to form
VIRGINIA GENNARO
City Attorney
By: ~ M. >1Nir
Exhibits:
A. Conditions.
B. Location map.
C. Zone map
D. Legal description
Wlawson \ S:\ZoneChange\yr 2006\ZC 06-1829- PUD smalllots\CC\OlC-CC.DOC
3/26/07
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EXHIBIT "A"
Z()ne Change 06-1829
(R-1 t() R-1/PUD)
CITY ATTORNEY
1. 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.
PLANNING
2. Prior to recordation or concurrently with recordation of a final map for VTM 6696, subdivider
shall create a Homeowners Association (HOA) and CC&Rs for the subdivision, as approved by
the City Attorney to maintain the common areas including the private street and private
landscaping. Prior to recordation, subdivider shall submit HOA and CC&Rs to the City for review
and approval. The HOA shall be responsible for the private park and any other tract or PUD
amenity.
Orderly development.
3. With recordation of any final map for VTM 6696, subdivider shall record a covenant affecting all
lots within the subdivision that states the residents of said tract have use and access to the 2.5
acre private park shown as lettered lot "B" on the tentative map. This covenant shall also be
recorded on lots for all future multiple family residential development within the designated
remainder.
Orderly development.
4. The park amenity required to serve PUD/ZC 06-1829 shall be constructed prior to recordation of
a final map. Park construction may be bonded/secured, but shall be constructed and operational
prior to occupancy of any residential unit in the subdivision. The location of the 2.5 acre park
may be moved upon approval of the Planning Director through substantial conformance review
if the Planning Director determines re-Iocation better serves the development's residents. The
By wlawson \
4/4/2007
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ORIGINAL
Exhibit" A"
PUD/ZC 06-1829 (R-1 t() R-1/PUD)
Page 2 ()f 3
private park shall contain at a minimum: irrigation and landscaping including trees, tot lot, picnic
tables, and barbeques.
Orderly development and requirement of BMC 17.52.070.
5. The R-1/PUD is approved with the following deviations from the R-1 zone and the Subdivision
Ordinance:
· The front yard setback may be reduced from 25 ft to 10ft;
· The lot widths may be reduce from 55 and 60 ft to 50 ft., and
· The minimum lot area is reduced from 6,000 sq ft to 5,000 sq ft.
6. All development shall be consistent with approved Vesting Tentative Tract 6696 and R-1/PUD
Zone Change # 06-1829 plans as conditioned unless changed in response to conditions as
approved by the Planning Director and Public Works Director. Improvements may be bonded
as approved by the Planning Director and the City Engineer.
Provides for the public health and welfare.
7. All subsequent development projects shall comply with the conditions and mitigation measures
found in THE CITY IN THE HILLS EIR (GPAlZC P99-0647: Certified CC Resolution No. 136-00
& 137-00 November 15, 2000 and GPAlZC 05-1271; Adopted on November 15, 2006
Required Mitigation Measures for the public health and welfare.
8. Prior to the recordation of the final map, the subdivider shall submit are-designed PUD plan to
the Planning Director for a substantial conformance review.
PUBLIC WORKS
9. 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 to arterial 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.
b. The ZC is within the Breckenridge drainage area and shall conform to the requirements
established.
c. Submit verification to the City Engineer of the existing sewer system's capability to
accept the additional flows to be generated through development under the new land
use and zoning.
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.
By I wlawson S:\ZoneChangelyr 2006\ZC 06-1829- PUD smalllotslCClExhA.DOC
4/4/2007
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Exhibit "A"
PUD/ZC 06-1829 (R-1 t() R-1/PUD)
Page 3 ()f 3
10. 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.
11. 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.
12. Access to the site from Vineland Road is prohibited.
By I wlawson S:\ZoneChangelyr 2006\ZC 06-1829- PUD smalllotslCClExhA.DOC
4/4/2007
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Exhibit D. -- Legal descripti()n (Text)
EXHIBIT "A"
PROPOSED ZONE CHANGE
LEGAL DESCRIPTION
PROPOSED R-1 P.U.D. (FROM R.1)
ALL THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 18,
TOWNSHIP 29 SOUTH, RANGE 29 EAST, M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF
CALIFORNIA, BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 18; THENCE NORTH 00028'09" EAST,
ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID
SECTION, A DISTANCE OF 687.94 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE
FOLLOWING NINE (9) COURSES:
1) NORTH 89031'51" WEST, A DISTANCE OF 55.00 FEET TO THE BEGINNING OF A NON-TANGENT
CURVE, CONCAVE SOUTHWEST, HAVING A RADIUS OF 30.00 FEET, FROM WHICH POINT A
RADIAL LINE BEARS NORTH 89031 '51" WEST; THENCE
2) NORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 90003'08", AN ARC
LENGTH OF 47.15 FEET; THENCE
3) NORTH 89034'59" WEST, A DISTANCE OF 471.28 FEET TO THE BEGINNING OF A CURVE,
CONCAVE SOUTHEAST, HAVING A RADIUS OF 20.00 FEET; THENCE
4) SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 90000'00". AN ARC
LENGTH OF 31.42 FEET; THENCE
5) SOUTH 00025'01" WEST, A DISTANCE OF 654.15 FEET; THENCE
6) NORTH 89034'59" WEST, A DISTANCE OF 743.00 FEET TO THE WEST LINE OF THE SOUTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION; THENCE
7) NORTH 00029'26" EAST, ALONG SAID WEST LINE, A DISTANCE OF 1277.98 FEET TO THE
NORTHWEST CORNER OF SAID SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER:
THENCE
8) SOUTH 89034'59" EAST, ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER, A DISTANCE OF 1,318.22 FEET TO THE NORTHEAST CORNER OF SAID
SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER; THENCE
9) SOUTH 00028'09" WEST, ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER, A DISTANCE OF 633.91 FEET TO THE POINT OF BEGINNING.
CONTAINING 29.81 ACRES, MORE OR LESS.
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CITY OF BAKERSF/ElO
PLANNING DEPARTMENT
Q;IPROJECTSI035017.14ILEGALS\351714ZC01.DOC 8/31/2006 AL/BDM
MCiNTOSH & ASSOCIATES
2001 Wheelan Court
Bakersfield, CA 93309
(661) 834-4814
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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 26th day of April, 2007 she posted on the Bulletin Board at City Hall, a
full, true and correct copy of the following: Ordinance No. 4428 passed by the
Bakersfield City Council at a meeting held on the 25th day of April. 2007 and entitled:
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION
AND AMENDING SECTION 17.06.020 (ZONE MAP NO.
104-18) OF TITLE SEVENTEEN OF THE BAKERSFIELD
MUNICIPAL CODE BY CHANGING THE ZONING FROM R-1
(ONE FAMILY DWELLING) TO R-1/PUD (ONE FAMILY
DWELLING/PLANNED UNI DEVELOPMENT) ON 29.07
ACRES GENERALLY LOCATED AT THE SOUTHWEST
INTERSECTION OF CITY HILLS DRIVE AND VINELAND
ROAD (FUTURE). (ZC # 06-1829)
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
BY:~Ot =+-~<
DEPU Ci Clerk
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