HomeMy WebLinkAboutORD NO 4477
ORDINANCE NO. 4 4 7 7
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND
AMENDING SECTION 17.06.020 (ZONE MAP NO. 104-20) OF
TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE
BY CHANGING THE ZONING FROM R-S-2.5 A (RESIDENTIAL-
SUBURBAN-2.5 ACRES MINIMUM) TO R-1-CH (SINGLE
FAMILY RESIDENTIAL - CHURCH) ON 7.76 ACRES
GENERALLY LOCATED AT THE NORTHWEST CORNER OF
FUTURE VINELAND ROAD AND STATE ROUTE 184 (KERN
CANYON ROAD) (FILE # 07-0691)
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 northwest corner of future Vineland Road and State Route
184 (Kern Canyon Road).
WHEREAS, by Resolution No. 171-07 on October 4, 2007 the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve the zone change as delineated on attached Zoning Map No. 104-20
marked Exhibit "3", 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 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 R-S-2.5A (Residential
- Suburban - 2.5 Acres Minimum) to R-1-CH (Single Family Residential- Church) zone and the
Council has considered said findings and all appear to be true and correct; and
WHEREAS, the law and regulations relating to the preparation and adoption of
Negative Declarations, as set forth in CEQA and City of Bakersfield's CEQA Implementation
Procedures, have been duly followed by city staff, Planning Commission and this Council; and
WHEREAS, a Negative Declaration was advertised and posted on September
12,2007, in accordance with CEQA; and
WHEREAS, the general 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. The public necessity, general welfare and good zoning practice justify the
requested change of zone from the existing zoning district to R-1-CH zone.
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4. The overall design of the project, as conditioned, is consistent with the goals
and policies of all elements of the general plan.
5. The conditions of approval, attached hereto as Exhibit "1" are needed to
provide for orderly development, and the public health, welfare and safety; and
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 Negative Declaration is hereby approved and adopted.
3. Section 17.06.020 (Zoning Map 104-20) 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.
104-20 marked Exhibit "3" attached hereto and made a part hereof, and are more specifically
described in attached Exhibit "4 ".
4. Such zone change is hereby made subject to the conditions of approval
listed in attached Exhibit "1".
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---------
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
NOV 2 8 20n7 by the following vote:
~
N6ES:
ABSTAIN:
ABSENT:
COUNCILMEMBER:
COUNCILMEMBER:
COUNCILMEMBER:
COUNCILMEMBER:
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CARSON, BENHAM, WEIR, COUCI ~ HANSON, SUL1.IVAN, SCRIVNER
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PAMELA A. McCARTHY, C f/
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
HOV 2 8 2001
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HARVEY . HA L
~yor of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
By: ~1n- ~
Exhibits:
1. Conditions
2. Location Map
3. Zone Map
4. Legal Description
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10/19/2007
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EXHIBIT "1"
ZONE CHANGE 07-0691
CONDITIONS OF APPROVAL
PUBLIC WORKS
1. 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:
1.1. Provide fully executed dedication for SR184 to Caltrans standards for the full frontage of the
area within the Zone Change 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
ZC area is submitted, dedication can be provided with the map.
1.2. The ZC is within the Breckenridge drainage area and shall conform to the requirements
established including payment of fees and constructing infrastructure.
1.3. 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.
1.4. 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.
2. The entire area covered by this zone change 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 ZC area.
3. With initial development, the project will be required to fully improve SR 178 to Caltrans
standards for the entire frontage of the tract boundary. See Exhibit 5 (California Department of
Transportation letter dated 8/20/07) for Cal Trans specifics.
4. Access to the site from Vine land Road is prohibited.
CITY ATTORNEY
5. 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.
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.
By elisheva S:\ZoneChangelyr 2007\07-0691\07-0691 ZCExh1.DOC\
10/19/2007
Exhibit" 1 "
ZC 07-0691
Page 2 of 2
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. ;
PLANNING
MITIGATION MEASURES
Biolocical Resources
6. Prior to ground disturbance, the subdivider shall have a qualified consultant survey the location for
kit fox and blunt nosed leopard lizard, and comply with the provisions of the Metropolitan Bakersfield
Habitat Conservation Plan. A copy of the survey shall be provided to the Planning Department.
Mitigation measure as recommended by Ted D. Murphy, Biological Consultant (Biota Survey of a
Parcel on State Highway 184, Ted D. Murphy, Biological Consultant, July 2006)
Cultural Resources
7. If during construction activities or ground disturbance, cultural resources are uncovered, the
subdivider shall stop work and retain a qualified archeologist for further study. Subdivider shall
notify the proper authorities and be subject to any mitigation measures required of the archeologist.
If human remains are discovered at any time, work shall halt in that area and the Kern County
Coroner shall be notified immediately (CEOA Regulations, Appendix K - Section VIII and Section
7050.5 of Health and Safety Code). The project archaeologist shall also be notified.
Mitigation measure as recommended by Three Girls and a Shovel, LLC (A Phase 1 Cultural
Resource Assessment for Nine Acres Located on the North Side of State Highway 184 and East of
the Future Extension of Vineland Road in Northeast Bakersfield, Kern County, California, Three Girls
and a Shovel, LLC, June 2006)
8. If paleontological resources are encountered during construction, a qualified paleontologist shall be
retained by the developer to evaluate the significance of the resources and formulate a mitigation
program if necessary. The paleontologist shall coordinate with the City of Bakersfield Planning
Department.
Mitigation measure.
Byelisheva S:\ZoneChange\yr 2007\07-0691\07-0691 ZCExh1.DOC\
9/18/2007
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ZONING MAP 104 - 20
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EXHIBIT "~ It
LEGAL DESCRIPTION
FOR
ZONE CHANGE No. 07-~
BEING A PORTION OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECl'ION
20, TOWNSHIP 29 SOU1H, RANGE 29 EAST, MOUNT DIABLO BASE AND MERIDIAN
ACCORDING TO THE OFFICIAL PLAT OF SAID LAND APPROVED BY THE SURVEYOR
, GENERAL ON FEBRUARY 28,1855, IN THE CITY OF BAKERSFIElD, COUNTY OF KERN,
STATE OF CALIFORNIA; ALSO BEING PARCEL 1 OF PARCEL MAP 10838, RECORDED IN
BOOK 52 AT PAGES 84 AND 85 OF PARCEL MAPS, MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECl'ION 20, THENCE NORTH
OO~2'2T' EAST ON AND LONG THE WESTERL YLINE OF SAID SECll0N20,ADISTANCE
OF 442.18 FEET TO A POINT OF INTERSECTION WITH THE CENTERLINE OF KERN
CANYON ROAD, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING;
THENCE:
1. NORTH OOon'2T' EAST, ALONG THE WEST LINE OF SAID SECl'ION 20, A
DISTANCE OF 878.85 FEET TO THE NORTHWEST CORNER OF THE SOUlH
HALF OF THE SOUTHWEST QUARTER OF SAID SECl'ION20;
2. SOUTH 89032'09" EAST, ALONG THE NORTH LINE OF THE SOUlH HALF
OF THE SOUTHWEST QUARTER OF SAID SECTION 20, A DISTANCE OF
870.35 FEET TO A CONCRETE Fll.LED 2 INCH IRON PIPE TAGGED R.C.E.
17561 PER PARCEL MAP 10182,BooK47,PAGES 120-120;
3. SOUTH 89032'09" EAST, CONTINUING ALONG THE NORTH LINE OF THE
SOUTH HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 20, A
DISTANCE OF 58.14 FEET TO THE POINT OF INTERSECl'ION WITH THE
CENTERLINE OF KERN CANYON ROAD;
4. SOUTH 46059'42" WEST, LEAVING SAID NORTH LINE, ALONG THE
CENTERLINE OF KERN CANYON ROAD, A DISTANCE OF 1097.47 FEET
RETURNING TO THE TRUE POINT OF BEGINNING.
CONTAINING 9.37 ACERS, MORE OR LESS
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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 29th
day of NOVEMBER, 2007 she posted on the Bulletin
Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4477 ,
passed by the Bakersfield City Council at a meeting held on the 28th day of
November. 2007 and entitled:
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND
AMENDING SECTION 17.06.020 (ZONE MAP NO. 104-20) OF TITLE 17
OF THE MUNICIPAL CODE BY CHANGING THE ZONING FROM R-S-
2.5 A (RESIDENTIAL SUBURBAN 2.5 ACRES MINIMUM) TO R-1-CH
(SINGLE FAMILY RESIDENTIAL CHURCH) ON 7.76 ACRES
GENERALLY LOCATED AT THE NORTHWEST CORNER OF FUTURE
VINELAND ROAD AND STATE ROUTE 184 (KERN CANYON ROAD)
(FILE 07-0691)
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By: '--?Ojy",-~j A~
DEPUTY City Clerk
S:\DOCUMENT\FORMS\AOP.ORD.wpd
11/30/2007
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by City Clerk's Office I
City of 1
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ORDINANCE NO. 447 7
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND
AMENDING SECTION 17.06.020 (ZONE MAP NO. 104-20) OF
TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE
BY CHANGING THE ZONING FROM R-S-2.5 A (RESIDENTIAL-
SUBURBAN-2.5 ACRES MINIMUM) TO R-1-CH (SINGLE
FAMILY RESIDENTIAL - CHURCH) ON 7.76 ACRES
GENERALLY LOCATED AT THE NORTHWEST CORNER OF
FUTURE VINELAND ROAD AND STATE ROUTE 184 (KERN
CANYON ROAD) (FILE # 07-0691)
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 northwest comer of future Vineland Road and State Route
184 (Kern Canyon Road).
WHEREAS, by Resolution No. 171-07 on October 4, 2007 the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve the zone change as delineated on attached Zoning Map No. 104-20
marked Exhibit "3", 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 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 R-S-2.5A (Residential
- Suburban - 2.5 Acres Minimum) to R-1-CH (Single Family Residential- Church) zone and the
Council has considered said findings and all appear to be true and correct; and
WHEREAS, the law and regulations relating to the preparation and adoption of
Negative Declarations, as set forth in CEOA and City of Bakersfield's CEOA Implementation
Procedures, have been duly followed by city staff, Planning Commission and this Council; and
WHEREAS, a Negative Declaration was advertised and posted on September
12,2007, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows residential
development; and
WHEREAS, the City Council has considered and hereby makes the following
findings:
1. All required public notices have been given
2. The provisions of the California Environmental Quality Act (CEOA) have been
followed.
3. The public necessity, general welfare and good zoning practice justify the
requested change of zone from the existing zoning district to R-1-CH zone.
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