HomeMy WebLinkAboutORD NO 4437
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ORDINANCE NO.
4437
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION
AND AMENDING SECTION 17.06.020 (ZONING MAP 101-34)
OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL
CODE BY CHANGING THE ZONING FROM A (AGRICULTURE)
TO R-1 (ONE FAMILY DWELLING) ON 4.4 ACRES,
GENERALLY LOCATED AT THE NORTHWEST CORNER OF
STOCKDALE HIGHWAY AND CLAUDIA AUTUMN DRIVE. (ZC
06-1688).
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 at the northwest corner og Stockdale Highway and Caludia
Autumn Drive; and
WHEREAS, by Resolution No. 52-07 on March 15, 2007, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve Zone Change No. 06-1688 as delineated on attached Zoning Map
101-34 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 A (Agriculture) to R-1
(One Family Dwelling) on 4.4 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 for low 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. 52-07, adopted on
March 15, 2007:
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 uses.
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as follows:
5. The proposed project, as shown on Exhibit !lA," 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 101-34 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.
06-1688.
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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 jUN 6 2007
by the following vote:
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COUNCILMEMBER CARSON, BENHAM, WEIR, COUCH. HANSON, SULLIVAN. SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER ~~~
PAMELA A. McCARTH MC
CITY CLERK and Ex 0 Icio Clerk of the
Council of the City of Bakersfield
APPROVED
JUN 6 2001
HARVEY L. HALL
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
BY:~7fh~
Exhibit A - Zoning Maps 101-34
B - Zone Change Legal Description
C - Mitigation/Conditions of Approval
JS - S:\GPA 1st 2007\06-1688\Resolution\CC ZC Ordinance.06-1688.doc
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Exhibit A
Zone Map 101-34
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ZONE CHANGE 06-1688
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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
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-1 A Residential Suburban
1 acre minimum lot size PCD 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
DI 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
IT Travel Trailer Park
MH Mobilehome
S:\Forms\zoneDistricts.doc
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Exhibit B
Zone Change Legal Description
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Legal Description for proposed General Plan Amendment from SR (Suburban Residential)
to LR (Low Density Residential) with a concurrent zone cha nge from E 1/4 (Estate 1/4 Acre
parcel) to R-1 (One Family Dwelling).
Being the east 145.00 feet ofthe southwest quarter of the southeastquarter of Section 34,
Township 29 South, Range 26 East, M.D.B. & M;
Contains approximately 4.39 acres.
Affects the east 145.00 feet of Assessor's Parcel 408-020-11.
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Exhibit C
Mitigation/Conditions of Aproval
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EXHIBIT C
Mitigation/Conditions of Approval
General Plan Amendment/Zone Change No. 06-1688
MITIGATION MEASURES FROM NEGATIVE DECLARATION:
Cultural Resource Mitiaation Measures
1. If archaeological resources are encountered during the course of construction, work shall stop
at the location of the find and a qualified archaeologist shall be consulted for further
evaluation. Any measures by the archaeologist shall be complied with at that time. 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.
Plannina Conditions:
3. If the GPAlZC area is a separate parcel, then only the project parcel shall be required to be
annexed. For orderly development.
ADDITIONAL CONDITIONS OF APPROVAL:
Public Works Mitiaation Measures
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 Stockdale Highway to arterial standards for the
full frontage of the area within the GPA request and adjacent to parcel designated as
Kern County Accessor's Parcel 408-020-11-3. Provide fully executed dedication for
Claudia Autumn Drive to local standards from Stockdale Highway to Tyler Fran
Avenue. 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.
b. This GPAlZC 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 GPAlZC area must be
included within the drainage area of adjoining property. Submit a comprehensive
drainage study of the entire GPAlZC drainage area, to be reviewed and approved by
the City Engineer. The GPAlZC area shall drain into the existing sump adjacent to the
north of the GPAlZC area. The developer is to modify the existing sump as needed to
accommodate the GPAlZC area. For orderly development. <ofl..Kc-9
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Page 1 of 3
EXHIBIT C
GPA/ZC No. 06-1688
MitigationlConditions of Approval
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. For orderly development.
5. If the GPAlZC area is only a portion of a larger parcel the entire parcel will be required to
annex into the City of Bakersfield prior to any development plan, prior to approval of
improvement plans, or the application for a lot line adjustment or parcel merger. For orderly
development.
6. The entire area covered by this General Plan Amendment including the parcel designated as
Kern County Accessor's Parcel 408-020-11-3 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.
7. Payment of the proportionate share of the cost of the median 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, whichever occurs first. For orderly development.
Traffic Comments:
We have reviewed the data provided in the letter requesting a waiver of the need for traffic
study from Marino/Associates dated January 31, 2007. The following trip generation
information is provided as follows.
Prior use PM Peak = 18 DU x 1.01 trips / DU = 18.2 peak trips
Proposed use PM Peak = 20 DU x 1.01 trips /DU = 20.2 peak trips
This analysis shows the change will result in an insignificant increase in potential trip
generation which is below thresholds established by the City and Caltrans. We recommend
that the development be required to pay into the adopted Regional Traffic Impact Fee fixed
rate program. The fee program improvements mitigate impacts of the existing densities and
therefore will do so due to the minor increase. Consequently no traffic impact study would be
necessary. Mitigation for potentially significant traffic impacts.
North of the River Mitiaation Measures
8. Prior to recordation of a final map, the subdivider shall pay the in-lieu park land fees in
accordance with Bakersfield Municipal Code Chapter 15.80. Subdivider is responsible for
meeting the requirements of BMC Chapter 15.80. In summary, the subdivider is to provide the
following:
a. Approximately 6 weeks before the expected date of recordation of a final map, submit
to North of the River Recreation and Park District a "Complete Summary" appraisal
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EXHIBIT C
GPAlZC No. 06-1688
Mitigation/Conditions of Approval
prepared by a qualified appraiser. North of the River Recreation and Park District
requested condition for orderly development.
b. The appraisal shall be in the form of a "Complete Summary" appraisal in accordance
with City Council policy Resolution 59-95 and dated within 3 months of the expected
date of recordation of the final map. An appraisal dated more than 3 months may be
acceptable under certain specific circumstances. North of the River Recreation and
Park District requested condition for orderly development.
c. The appraisal shall determine the fair market value of the land to be subdivided at its
unimproved state. The subdivider is responsible for all costs incurred in preparation,
revision or update of the appraisal. (See BMC Section 15.180.100) North of the River
Recreation and Park District requested condition for orderly development.
d. If the appraisal is acceptable, the North of the River Recreation and Park District will
calculate and notify you of the amount of the fee. Payment is to be made prior to
recordation of the final map to North of the River Recreation and Park District. A copy
of the payment acknowledgment you receive from the District is to be submitted to the
City Public Works Department prior to recordation. North of the River Recreation and
Park District requested condition for orderly development.
9. Prior to recordation of a final map, the subdivider shall contact the North of the River
Recreation and Park District. It is recommended the subdivider contact the District at least 2
or 3 months prior to the expected date of recordation. North of the River Recreation and Park
District requested condition for orderly development.
City Attorney
10. 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.
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 tq<of>.kc-s>
use any law firm or attorney chosen by another entity or party. ~ <;
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Page 3 of 3 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. 4437 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 101-34)
OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL
CODE BY CHANGING THE ZONING FROM A (AGRICULTURE)
TO R-1 (ONE FAMILY DWELLING) ON 4.4 ACRES. GENERALLY
LOCATED AT THE NORTHWEST CORNER OF STOCKDALE
HIGHWAY AND CLAUDIA AUTUMN DRIVE. (ZC 06-1688).
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
BY:~~
DEP Cit Clerk
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