HomeMy WebLinkAboutORD NO 4458
ORDINANCE NO. 4 4 5 8
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AN ORDINANCE AMENDING SECTION 17.06.020 (ZONING
MAP NO. 122-22) OF TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE BY CHANGING THE
ZONING FROM R-3/P.U.D. (MULTIPLE-FAMILY DWELLING/
PLANNED UNIT DEVELOPMENT) TO R-1 (ONE-FAMILY
DWELLING) ON 42.40 ACRES GENERALLY LOCATED AT THE
SOUTHEAST CORNER OF PENSINGER ROAD AND STETSON
WAY IN MCALLISTER RANCH; BEING A PORTION OF THE
SOUTHWEST QUARTER OF SECTION 22, T30S, R26E, MDBM
(FILE # 07-0999).
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 southeast corner of Pensinger Road and Stetson Way in
McAllister Ranch; being a portion of the southwest quarter of Section 22, T30S, R26E, MDBM
as shown on Exhibit "B";
WHEREAS, by Resolution No. 130-07 on JULY 19, 2007 the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve Zone Change 07-0999 as delineated on attached Zoning Map No.
122-22 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 Council has considered said findings and all appear to be true
and correct; and
WHEREAS, for the above-described project, a review of the proposed project
and evidence in the record was conducted and it was determined that pursuant to Public
Resources Code Section 21166 and 21083.3, and Sections 15182 and 15183 of the State
CEQA Guidelines, the proposed project qualifies as a special situation and does not require the
preparation of further environmental documents under the requirements for the California
Environmental Quality Act of 1970; and
WHEREAS, for the above-described project, a review of the proposed project
and evidence in the record was conducted and it was determined that pursuant to CEQA and
the Guidelines for the Implementation of CEQA, that the project did not require the preparation
of subsequent environmental documentation based on the following:
(a) The requested actions initiate the implementation of a residential project
addressed in the McAllister Ranch Specific Plan and previously analyzed
in the McAllister Ranch Specific Plan Final Environmental Impact Report.
and the requested actions are in substantial conformance with the
Specific Plan; and
(b) The requested actions do not require the preparation of subsequent
environmental documentation as the conditions identified in Section
15162 do not occur.
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WHEREAS, the laws and regulations relating to the adoption of a Notice of
Exemption as set forth in CEQA and City of Bakersfield's CEQA Implementation Procedures,
have been duly followed by city staff and the Planning Commission; and
WHEREAS, the law under California Government Code Section 56375 (e)
requires the decision making body to make a finding at a public hearing regarding the
annexation of unincorporated territory; and
WHEREAS, there have been no substantial changes to the project or
circumstances under which it will be undertaken; and
WHEREAS, no new environmental impacts have been identified; and
WHEREAS, the McAllister Ranch Specific Plan designation for this area allows
residential development; 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. Based on the project review and evidence in the record, staff has determined that
the proposed project qualifies as a special situation and does not require the
preparation of further environmental documents pursuant to Section 15182 and
15183 of the State CEQA Guidelines and Public Resources Code Section 21166
and 21083.3.
4. The project, as conditioned, is consistent with the goals and policies of all
elements of the general plan.
5. That infrastructure exists or can easily be provided to accommodate the types
and intensities of the proposed development.
6. That this project implements the previous Annexation Agreement between the
City and property owner.
7. The public necessity, general welfare and good zoning practice justify the
requested change of zone from the existing zoning districts to R-1 (One-Family
Dwelling) zone.
8. The recommended zone change will reflect the policies in the previously adopted
McAllister Ranch Specific Plan.
9. The recommended zone change is consistent with the McAllister Ranch Specific
Plan and Metropolitan Bakersfield General Plan.
10. The overall design of the project, as conditioned, is consistent with the goals and
policies of all elements of the McAllister Ranch Specific Plan.
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11. The conditions of approval are necessary for orderly development or to provide
for the public health, welfare and safety.
12. The requested zone change will satisfy a condition of approval for Vesting
Tentative Tract Map 6558.
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.
2. The previously adopted Final Environmental Impact Report for related
McAllister Ranch Specific Plan was prepared for the original project of the
subject property. In accordance with Section 15162, 15182, and 15183 of
the State CEQA Guidelines, this project qualifies as a special situation
and is exempt from the requirement for the preparation of environmental
documents. A Notice of Exemption has been prepared and is attached as
Exhibit "E."
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. 122-22 marked Exhibit tiC"
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
SEP 1 2 ZOO, by the following vote:
<AiES)
NOES:
ABSTAIN:
ABSENT:
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COUNCILMEMBER: CARSON. BENHAM, WEIR. COUCH, HANSON. SULLIVAN, SCRIVNER
COUNCILMEMBER:
COUNCILMEMBER:
COUNCILMEMBER:
SEP 1 2 2007
HAR EY L. HALL
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
BY:~~~
Exhibits:
A. Conditions of Approval.
B. Location Map.
C. Zoning Map 122-22
D. Legal Description
E. Notice of Exemption
S:\ZoneChange\yr 2007\07-0999\OZC-CC.DOC
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PAMELAA. McCARTHY, C I
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
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EXHIBIT "An
ZONE CHANGE 07-0999
CONDITIONS OF APPROVAL
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 (tlApplicant" herein) agrees to indemnify, defend, and hold
harmless the City of Bakersfield, its officers, agents, employees, departments, commissioners
or boards ("Citytl 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.
By KShea S:\ZoneChangelyr 2007\07-0999\ZCExhA.DOCI
7/20/2007
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Exhibit B
Location Map
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Exhibit C
Zoning Map No. 122-22
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ORIGINAL
ZONING MAP 122-220
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Exhibit D
Zone Change Legal Description
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Legal Description
Parcels 5 and 6 of Parcel Map 6229 Phase One recorded in book 56 of Maps,
Page 15 in the office of the Kern County Recorder. Also being a portion of the
Southwest Quarter of Section 22, Township 30 South, Range 26 East M.D.M.,
In the City of Bakersfield, County of Kern, State of California.
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Exhibit E
Notice of Exemption
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NOTICE OF EXEMPTION
TO:
Office of Planning and Research
PO Box 3044, 1400 Tenth Street, Room 222
Sacramento, CA 95812-3044
FROM: City of Bakersfield
Planning Department
1715 Chester Avenue
Bakersfield, CA 93301
.x County Clerk
County of Kern
1115 Truxtun Avenue
Bakersfield, CA 93301
',Project Title: Zone Chanoe No. 07-0999
Project Location-Specific: The Southeast corner of Pensinger Road and Stetson Way in McAllister
Ranch, being a portion of the southwest quarter of Section 22, T30S, R26E, MDBM.
Project Location-City: Bakersfield
Project Location-County: Kern
Description of Project: A proposed zone change from R-3/P.U.D. (Multiple-Family Dwelling/Planned
Unit Development) to R-1 (One-Family Dwelling) on 42.40 acres for purposes of single
family residential development.
Name of Public Agency Approving Project: Citv of Bakersfield
Name of Person or Agency Carrying Out Project: SunCal Companies, representing LBREP/L -
SunCal McAllister Ranch LLC
Exempt Status:
Ministerial (Sec.21080(b)(1); 15268));
Declared Emergency (Sec.21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
.x Categorical Exemption. Special Circumstance, per Section 15182 and 15183
Statutory Exemptions. State section number.
Project is exempt from CEQA pursuant to Section 15061(b)(3), General Rule
Reasons why project is exempt: The reQuested actions do not reQuire the oreoaration of
subseQuent environmental documentation as the conditions identified in Section 15162 do not
occur. and the oroiect Qualifies as a soecial situation and does not reQuire oreoaration of
further environmental documents oursuant to Sections 15182 and 15183.
Lead Agency: Contact Person: Kate Shea
Telephone/Ext.: (661) 326-3452
If filed by applicant:
1. Attach certified document of exemption finding.
2. Has a notice of exemption been filed by the public agency approving the project? Yes_ No_
Signature:
~~
Title:
Associate Planner
Date:
July 20. 2007
X Signed by Lead Agency
Signed by Applicant
Date received for filing at OPR:
Prepared by kshea \ S:\ZonechangeWr 2007\07 '{)999\NOE.DOC
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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 13TH day of September. 2007 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4458 passed by the
Bakersfield City Council at a meeting held on the 12TH day of September. 2007 and
entitled:
AN ORDINANCE AMENDING SECTION 17.06.020
(ZONING MAP NO. 122-22) OF TITLE SEVENTEEN
OF THE BAKERSFIELD MUNICIPAL CODE CHANGING
THE ZONING FROM R-3/P.U.D. (MULTIPLE-FAMILY
DWELLING/PLANNED UNIT DEVELOPMENT) TO R-1
(ONE-FAMILY DWELLING) ON 42.40 ACRES GENERALLY
LOCATED AT THE SOUTHEAST CORNER OF PENSINGER
ROAD AND STETSON WAY IN MCALLISTER RANCH;
BEING A PORTION OF THE SOUTHWEST QUARTER OF
SECTION 22, T30S, R26E, MDBM (FILE # 07-0999).
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
BY:~ -=r-:~~L-
DEPU City lerk
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