HomeMy WebLinkAboutORD NO 4436
ORDINANCE NO. 4436
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION
AND AMENDING SECTION 17.06.020 (ZONING MAP 103-25)
OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL
CODE BY CHANGING THE ZONING FROM P.U.D. (PLANNED
UNIT DEVELOPMENT) TO R-2 (LIMITED MULTIPLE FAMILY
DWELLING) ON 11.18 ACRES, LOCATED NORTH OF NILES
STREET AND EAST OF PARK DRIVE. (ZC NO. 06-2198)
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 located north of Niles Street and east of Park Drive; and
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WHEREAS, by Resolution No. 62-07 on April 5, 2007, the Planning Commission
recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code
to approve Zone Change No. 06-2198 as delineated on attached Zoning Map 103-25 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 from P.U.D to R-2 on
11.18 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
February 19,2007, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows low medium density
residential development on the approximately 11.18 acre project site; and
WHEREAS, the City Council has considered and concurs with the following
findings made by the Planning Commission as set forth in Resolution No. 62-07, adopted on
April 5, 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 surrounding land uses.
5. The proposed project, as shown on Exhibit "A," is consistent with the
Metropolitan Bakersfield General Plan.
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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 103.25 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.
06-2198.
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.
........-oO().........
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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 JUN 6 Z007
by the following vote:
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ABSTAIN:
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CARSON. BENHAM. WEIR. COUCH. HANSON. SULLIVAN. SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
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JUN6 2007
APPROVED as to form
VIRGINIA GENNARO
City Attorney
By: ~1Jt~
Exhibit A - Zoning Map 103-25
B - Zone Change Legal Description
C - Mitigation/Conditions of Approval
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ORIGINAL
EXHIBIT A
Zoning Map 103-25
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CITY OF BAKERSFIELD
ZONING DISTRICT DESIGNATIONS
R-1 One Family Dwelling C-O Professional and Administration Office
6,000 sq.ft. minimum lot size Neighborhood Commercial
C..1
E Estate
10,000 sq.ft. minimum lot size C-2 Regional Commercial
R-S Re,sidential Suburban C..c Commercial Center
24,000 sq.ft./dwelling unit
C-B Central Business
R-S-1A Residential Suburban
1 acre minimum lot size PCD Planned Commercial Development
R-S-2.SA Residential Suburban M-1 Light Manufacturing
2% acre minimum lot size
M-2 General Manufacturing
R-S-SA 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
1,250sq.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
HD Hillside Development Combining
PUD Planned Unit Development
TT Travel Trailer Park
MH Mobilehome
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EXHIBIT B
Zone Change Legal Description
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ORIGINAL
EXHIBIT
PROPOSED ZONE CHANGE
LEGAL DESCRIPTION
(From Senior PUD/LR TO R-21LMR)
THAT PORTION OF THE W 1/2 OF THE NE 1/4 OF SECTION 25, TOWNSHIP 29
SOUTH, RANGE 28 EAST, M.D.M., IN THE CITY OF BAKERSFIELD, COUNTY
OF KERN, STATE OF CALIFORNIA, AS PER THE OFFICIAL PLAT THEREOF
ON FILE IN THE OFFICE OF THE SURVEYOR GENERAL, DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT OF INTERSECTION OF THE WEST LINE OF THE NE
1/4 AND NORTHERLY LINE OF NILES STREET, AS SAME NOW EXISTS,
FORMERLY STATE HIGHWAY 178, THENCE EAST ALONG SAID NILES
STREET 765.37 FEET; THENCE NORTH PARALLEL WITH THE WEST LINE OF
SAID NORTHEAST, 1422.94 FEET; THENCE WEST PARALLEL WITH THE
SOUTH LINE OF SAID NE 1/4765.37 FEET TO THE WEST LINE OF SAID NE
1/4, THENCE SOUTH ALONG WEST LINE OF SAID NE 1/4, 1422.84 FEET TO
THE POINT OF BEGINNING, CONTAINING 25 ACRES, MORE OR LESS.
EXCEPTING THEREFROM THAT PORTION THEREOF DESCRIBED AS
FOLLOWS:
COMMENCING AT A POINT OF INTERSECTION OF THE WESTERLY LINE OF
THE NE 1/4 OF SAID SECTION AND THE NORTHERLY LINE OF SAID NILES
STREET, AS SAME NOW EXISTS; THENCE NORTH ALONG SAID WESTERLY
LINE OF SAID SECTION, 700 FEET TO A POINT; THENCE EASTERLY
PARALLEL TO THE NORTHERLY LINE OF SAID NILES STREET, 435.37 FEET;
THENCE SOUTHERLY PARALLEL TO THE WEST LINE OF SAID SECTION,
700 FEET MORE OR LESS TO A POINT; THENCE WESTERLY 435.37 FEET,
MORE OF LESS, TO A POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM ANY PORTIONS THEREOF LYING WITHIN
NILES STREET.
ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LAND LYING
WESTERLY OF A LINE PARALLEL WITH AND 56 FEET EASTERLY,
MEASURED AT RIGHT ANGLES, FROM THE FOLLOWING DESCRIBED
SURVEYED REFERENCE LINE:
BEGINNING AT A POINT IN THE SOUTHERLY LINE OF SAID NE 1/4, SAID
POINT BEING NORTH 89053' 0611 EAST, 95 FEET, MEASURED ALONG SAID
SOUTHERLY LINE, FROM THE FOUND STATE OF CALIFORNIA BRASS CAP
IN HANDHOLE, SET FOR THE CENTER OF SAID SECTION 25., SAID POINT
ALSO BEING SOUTH 89053' 0611 WEST, 2551.64 FEET, MEASURED ALONG
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SAID SOUTHERLY LINE FROM A FOUND STATE OF CALIFORNIA BRASS
CAP IN HANDHOLE, SET FOR THE E 1/4 CORNER OF SAID SECTION 25;
THENCE NORTH 00037'4911 EAST, 7953.40 FEET TO A POINT IN THE
NORTHERLY LINE OF SECTION 24, TOWNSHIP 29 SOUTH, RANGE 28 EAST,
M.D.M., SAID LAST MENTIONED POINT BEING SOUTH 890541 2911 EAST,
113.95 FEET, MEASURED ALONG SAID NORTHERLY LINE FROM A FOUND 4
INCH IRON PIPE WITH CAP, SET AT THE N 1/4 CORNER OF SAID SECTION
24, SAID POINT ALSO BEING NORTH 89054' 2911 WEST, 2546.03 FEET,
MEASURED ALONG SAID NORTHERLY LINE FROM A FOUND 4 INCH IRON
PIPE WITH CAP SET AT THE NORTHEAST CORNER OF SAID SECTION 24.
ALSO EXCEPTING THEREFROM FROM SAID NE 1/4 OF SECTION 25
TOWNSHIP 29 SOUTH, RANGE 28 EAST, M.D.M., THE NORTH 570 FEET OF
THE SOUTH 620 FEET OF THE EAST 330 FEET OF THE WEST 765.37 FEET
OF SAID NE 1/4 THEREOF.
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EXHIBIT C
Mitigation/Conditions of Approval
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ORIGINAL
EXHIBIT A
MITIGATION ICONDITIONS OF APPROVAL
GENERAL PLAN AMENDMENTIZONE CHANGE 06-2198
MITIGATION MEASURES FROM NEGATIVE DECLARATION:
Cultural Impact Mitication Measures:
1. With submittal of the tentative tract map application, a cultural resources field survey for the
GPAlZC area shall be submitted. Based upon findings in the report, the Planning Director shall
determine whether or not any further testing and/or analysis is necessary which may be
required to be conducted prior to approval of the proposed tentative subdivision map.
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.
3. Prior to ground-disturbance activities associated with this project, personnel associated with
the grading effort shall be informed of the importance of the potential cultural and
archaeological resources (Le. archaeological sites, artifacts, features, burials, etc.) that may
be encountered during site preparation activities, how to identify those resources in the field,
and of the regulatory protections afforded to those resources. The personnel shall be
informed of procedures relating to the discovery of archaeological remains during grading
activities and cautioned to avoid archaeological finds with equipment and not collect
artifacts. The applicanUdeveloper of the project site shall submit documentation to the
Planning Department that they have met this requirement prior to commencement of
ground-disturbance activities. This documentation should include information on the date(s)
of training activities, the individual(s) that conducted the training, a description of the
training, and a list of names of those who were trained. Should cultural remains be
uncovered, the on-site supervisor shall immediately notify a qualified archaeologist.
Mitigation for potentially significant cultural resource impacts.
ADDITIONAL CONDITIONS OF APPROVAL:
Public Works:
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 Brentwood Drive to 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
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ORIGINAL
Mitigation/Conditions of Approval
GPAJZC 06-2198
Page 2
b. This GPAlZC area is too small to support its own storm drainage sump. This area is
within the Pioneer Drainage area and will pay the new Planned Drainage Area fees.
Submit a comprehensive drainage study to be reviewed and approved by the City
Engineer. The study shall be approved and any required retention site and necessary
easements dedicated to the City.
c. Sewer service must be provided to the GPAlZC area. 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.
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. Traffic recommends that the development be required to pay into the adopted Regional
Traffic Impact Fee fixed rate program.
Mitigation for potentially significant traffic impacts.
7. Construct a knuckle on Willis Avenue near the western boundary of the tract. Near Lot 16,
construct a street to the west which aligns with Franklin Avenue. Acquire 60' wide right of
way across the SCE easement immediately west of the boundary for the future Franklin
Avenue.
For orderly development.
8. The applicant shall enter into an agreement with the City of Bakersfield to construct
Brentwood Drive from the GPA's southern boundary to Niles Street. Note:The City of
Bakersfield will reimburse the applicant for the work performed or provide credit in lieu of the
PDA fees.
For orderly development.
Southern California Edison Companv:
9. With submittal of the tentative tract application, the developer must provide Southern
California Edison Company with five (5) copies of the grading, drainage, landscape and
street improvement plans to determine the extent of the easement interference. The Edison
facilities and the easements should be plotted on the above referenced maps. Included with
the above referenced plans, the developer must state the proposed method to eliminate any
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ORIGINAL
Mitigation/Conditions of Approval
GPAlZC 06-2198
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Plannina Department:
10. With submittal of the tentative tract application, the developer must provide a Biological
Assessment Report for the entire GPAlZC area. Based upon findings in the report, the Planning
Director shall determine whether or not any further analysis or mitigation is necessary to comply
with the terms of the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP).
Mitigation for potentially significant biological resource impacts.
11. The developer shall provide secondary access with submittal of the tentative tract map
based on design and surrounding improvements.
For orderly development.
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 CECA 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.
a. 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.
b. 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.
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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 7th day of June. 2007 she posted on the Bulletin Board at City Hall, a
full, true and correct copy of the following: Ordinance No. 4436 passed by the
Bakersfield City Council at a meeting held on the 6th day of June. 2007 and entitled:
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION
AND AMENDING SECTION 17.06.020 (ZONING MAP 103-25)
OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL
CODE BY CHANGING THE ZONING FROM P.U.D. (PLANNED
UNIT DEVELOPMENT) TO R-2 (LIMITED MULTIPLE FAMILY
DWELLING) ON 11.18ACRES, LOCATED NORTH OF NILES
STREET AND EAST OF PARK DRIVE. (ZC NO. 06-2198).
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
B~ i-~':
DEPU Cit Clerk
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