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Home My WebLink AboutORD NO 4437 -.. tV 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. 1 <oP-Kc1$l <J ~ >- .- t- ~ o (:) ORIGINAL as follows: 5. The proposed project, as shown on Exhibit !lA," is consistent with the Metropolitan Bakersfield General Plan. 6. The public necessity, general welfare and good planning practices justify the requested zone change, as shown on Exhibit "A." 7. The laws and regulations relating to the preparation and adoption of Negative Declarations as set forth in CEQA, the State CEQA Guidelines, and the City of Bakersfield CEQA Implementation Procedures, have been duly followed by city staff and the Planning Commission. SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield 1. That the above recitals, incorporated herein, are true and correct. 2. The Negative Declaration is hereby adopted. 3. Section 17.06.020 (Zoning Map) of the Municipal Code of the City of Bakersfield be and the same is hereby amended by changing the land use zoning of that certain property in said City, the boundaries of which property is shown on Zoning Map 101-34 marked Exhibit "A" attached hereto and made a part hereof, and are more specifically described in attached Exhibit liB ". 4. Such zone change is hereby made subject to the "Mitigation/Conditions of Approval" listed in attached Exhibit "C", subject to approval of GPA No. 06-1688. 2 ~ <ofl..Kc1$l o ~ >- .- t- rn - ,... (,) (:) 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. ---------000--------- 3 <ofl..Kc1$l ~ ~ >- .- t- ~ o 0 ORIGINAL I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on jUN 6 2007 by the following vote: q1~: c;~~ ............-- \..---'- ~ .........- ............-- ~ COUNCILMEMBER CARSON, BENHAM, WEIR, COUCH. HANSON, SULLIVAN. SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER ~~~ PAMELA A. McCARTH MC CITY CLERK and Ex 0 Icio Clerk of the Council of the City of Bakersfield APPROVED JUN 6 2001 HARVEY L. HALL Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney BY:~7fh~ Exhibit A - Zoning Maps 101-34 B - Zone Change Legal Description C - Mitigation/Conditions of Approval JS - S:\GPA 1st 2007\06-1688\Resolution\CC ZC Ordinance.06-1688.doc 4 ~ ~fl../(c~ o ~ >- .- t- rn _ r- (,) (:) ORIGINAL Exhibit A Zone Map 101-34 <t. COfl../(c1$l C:i' ~ >- .- t- ~ o (:) ORIGINAL Viii rr>le I Ii o 9a.1Il ~<((J) ~ C\I ~~I-' ILl X ~c.!) ~z o-~ z.., >-0 . !::Nfrl <.> (I) I w- E s: ~ :5 9; 9" 2 -' I !~ i~ I ... 2 w 9 f~ !! ... 5 ., & a z~:F! .... w ~ .... i i5 ..z r.. 5" Ii - wi ~.. ::; ~ r N ~.. ~ I ;.. ~ r ~ 2 ~ ~ if w w : r N l~; ;z....-!-r.ir~5 ir2 ~w l i2 21 N2=i;!:~~f!ii3io2a... .2~ ..! ; rH=:, = fljN::~~i!Jii=tt~ I~:i ~I ~ 2=1 fill I!!-a::aj '1"'- ,!zso.illlo-.- Wl:~ .., x..o I"" iJiii~r~~~~i;~~!wl!:I;~ 1!:i...,;..~i=55:1 .. o...r.._c_lI'... WI)' wc zo",,1" NCZ" ." J J 0 ~ ." ~ ;lIg :;0 .0 5 c ~ S i ... \:S I w -z . w ~ 0 .., ;:) ~ ;;: !! . OW !!~J;::!.j~ ::1:..,00;0 uZ ~g~~iNJut;.""'~"'za ~ ~ ~ ~ ~ i ! ~ ~ e.:: t: r = · : : C ; a I a ~ :: 5 i 3 ~ ~ ~ ,~ t 8~ r .: wI! OOQ;r Q........i-.~;.~z'e'J...:tUI~lz5i20a::G.zJ:28 >i- 5 i i I i ~ i~: !E i~ t E!! 8 ~ ~~ ~ 5 ~ II i ~ ~ 5 ~ ! ~ ~ g! IS , = i!~ 22.- . L~i ~,.; . or !q rra .~"i S~. ilia ......~ ;, -:: ~Ii; !f! i:ll -8' fw II it; = ii " Ii.,: ~...Ii sAx: ~l ~~ .~ .... CE ~g .... -N "" . Ii: iii: eG: Q: de ~ O_'NU~_N ! ~ ~~ ~:v~uu~a2!r.c&3'o~:~~.:lw .. a fa .. a ~: i~ .iI :fj a ~ ll~ ih~ :~i:i p w f;~! ~~~ zie'; ~Inj ~il If .. :Jig r 2- ~a :i~ 1_ -!j if; .~I ;aa 'f :1,. Sd5 I . - .. ; i i o ~ ZONE CHANGE 06-1688 ./DI ., oos + - J I -r-' r--- , , I \ I I I I \ I *1 , I I I , I I \ I I r I , I I I I ....3 I I I ! f lIlI Ii:. I f d I I J :;; r I ~ :! J . --- --- - - -- - --- -1~ I Ul ch'G Ii: Ii:- oS I I i- f I ",11. I ;:s I d:: I I I ii 0_ I >C ci:.! I ., s I I .n- ... .. I I II:: .. ~ I I - - - - - - - - - - - - - - _1- M IIf , . ~ 't cmllf '110._ A.... .+ Ii I . i p ~ I . I I 8 I J I I s i nbi!. CJJUIUl!I -~~ &:II=l!I. N"'~ I!I id~~! I"IU!~JJ i .ud; g;:lui' I :icl!!i55 HniH + . f ~ "Kc?> ! % ZONING MAP 101-34 t: ~ (,) C) ORIGINAL ... Uu;> as oaf Ct: ~ < ~ u;> C=== ~ Ct: ::i: ~ c::==:= z ~ ~fll :A ~ I < 0 "- I. 0 W - ~ !il . ~ < ~IS .~u S ~ ~ 8- 01 0 g - ~ ~ . iL ~ " ~ w :E ::) i :g ~ ~ ci: < 0 ~ ~ ~ ci: < ~ ~ z < ci: ~ z ~ ~ IT co w ci: co cJ,l it co ovo~ O~~N3~ HLnos ~ I co ci 0 w ::i a: W ~~ (9 N < < AlI:J Z ~ ~ AJ.Nno:J <3:: C"') I 0 n. N () ~ <u ~ 5~ W 8 ~ " :E Z w 0 ~ N < < < , :l'i " w < < ~ ~ ~ ovo~ HLV3H W W cc cc < N N ~ <ofl..I(~J2 ~ :l'i :l'i :l'i 0:: 0:: ~ < rot <)i ~ ~ en en o ~ w w w en 0 >- m P! ~ l- I'"" < 0 0 ~ ORIGINAL 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 !< <ofl..Kc?, <:) ~ ~ - t- rn o :;; ORIGINAL Exhibit B Zone Change Legal Description ~ <ofl..K~1)> Ci ~ >- .- I- rTI _ r- (,) 0 ORIGINAL . . 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. ~ ~fl..Kc-9 o ~ >- - t- m _ r- (,) C ORIGINAL Exhibit C Mitigation/Conditions of Aproval ~~E~" i ~ ONG'NAL 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 ~ ~ >- .- t- rn o 5 ORIGINAL 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 <ofl..Kc1$l <J ~ Page 2 of 3 ~ ~ o 0 ORIGINAL 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. ~ <; t- m <3 t; 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 S:\DOCUMENT\FORMSIAOP .ORD.wpd ~ ~A/(~~ :....0 ~ t- - _ m <.) r- C;) ORIGINAL