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HomeMy WebLinkAboutORD NO 4458 ORDINANCE NO. 4 4 5 8 .., ,W. ",,- 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. -1 - ~ <of>..k~1> C> % ;:.... - I- m - r- (.) ~ ORIGINAL 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. - 2 - ~ <ot>.k~1> C> % ~ - I- m - r- (.) ~ ORIGINAL 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. -.---..--()()()-...---.. - 3 - ~ <ot>.k~1> <:> % ~ - I- m _ r- (.) ~ 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 SEP 1 2 ZOO, by the following vote: <AiES) NOES: ABSTAIN: ABSENT: ......-- ........-.......--- --- L-- ~ 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 ~~~ PAMELAA. McCARTHY, C I CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield - 4 - ~ <of>..k~1> <:> % ~ - I- m - r- (.) ~ ORIGINAL 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 ~ <ot>.k~1> <:> % ~ - I- m - r- (.) ~ ORIGINAL Exhibit B Location Map ~ <ot>.K~1> <:> % ~ - I- m - r- o ~ ORIGINAL 0) 0) 0) o I "- o W (!) Z <( :c u w z o N 0:: o LL W en ::> o z ::s ~ -- ----...------------------..----------..--- ............. ---.....-... -- ----... -.. --... ... ....-....... ~ s g s 115 g 8 j z ~0 < Ii: -------..........--- ....-------- 1i o.f ~ ..: It) ~ ~~ ~ -..:A~ ~ l!l - '81 en.... It) ~~ .... C') o ------------..----- -....---... ------------ 8 ~ l.l ,.... '" ~ --.......--...............-- --...---.. --......--..-------.....--... ----...-...-.......------ --..--- w ~ I 8 j ~ co '" B C> ~ I- - _ m (.) r- ORIG'NA~ Exhibit C Zoning Map No. 122-22 ~ <ot>.k~1> <:> % ~ - I- m _ r- (.) ~ ORIGINAL + I ----t , I I I I I I I I I ---""1 -- I I I I I I I I I I I of + ..-,,"", \' . \ \ - \ \ G ..) l... .....-- ,-- I S -, , B ' I , -..._-, ,..-..... I cs' , %il\ I , "-In _ H. . r....... I ..... , ...... ----........ . , V...... , ., I cl I _.-1.~:i .1 ....7 ~ I , I ( ....--....... - , " /'" '... , " ...._--J . __T II: ,---, I . I I Zi I L__-' ..."'\ (--r\ \ Zi .) \........ '" '" , , , ,," , . , --, . .' ".", _ H, q~ ::)1 o:~ ~S ~ !II c J . I i u I II I I; I J i ~tP ~ m r- (.) ~ ORIGINAL ZONING MAP 122-220 ~ !:: Exhibit D Zone Change Legal Description ~ <ot>.k~1> o % ~ - I- m - r- (.) 0 ORIGINAL 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. ~ <oM<~1> o % ~ - I- m _ r'- (.) ~ ORIGINAL Exhibit E Notice of Exemption ~ <OAk~1> o <p ;:.... -11 I- - _ m (.) r- ~ ORIGINAL 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 ~ <of>..k~1> o ~ ~ - I- m - r- (.) ~ 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 S:\DOCUMENnFORMS\AOP. ORD. wpd ~ <ot>.k~1> C> % ;:.... - I- m - r- (.) ~ ORIGINAL