HomeMy WebLinkAboutORD NO 4482
ORDINANCE NO. 4 4 8 2
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION
AND AMENDING SECTION 17.06.020 (ZONING MAP 124-12)
OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL
CODE BY CHANGING THE ZONING TO R-1 (ONE FAMILY
DWELLING ZONE) ON 78.64 ACRES, LOCATED AT THE
NORTHEAST CORNER OF SOUTH FAIRFAX ROAD AND EAST
WILSON ROAD. (ZC NO. 07-1193).
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 being annexed to the
City of Bakersfield located at the northeast corner of South Fairfax Road and East Wilson
Road; and
WHEREAS, the Planning Commission continued the item from the September 20,2007,
meeting to the October 4,2007 meeting; and
WHEREAS, by Resolution No. 167-07 on October 4, 2007, the Planning Commission
recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code
to approve Zone Change No. 07-1193 as delineated on attached Zoning Map 124-12 marked
Exhibit "B", 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 to R-1 (One Family Dwelling Zone) on
78.64 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
August 17, 2007, in accordance with CEQA; and
WHEREAS, the general plan designation for this area, with prior adoption of GPA No.
07-1193, allows single family 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. 167-07, adopted on October
4,2007:
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 withwith CEQA.
4.
The proposed project is consistent with surrounding uses.
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5. The proposed project, as shown on Exhibit "B", 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 "B".
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 as
follows:
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 being annexed to said City, the
boundaries of which property is shown on Zoning Map 124-12 marked
Exhibit "B" attached hereto and made a part hereof, and are more
specifically described in attached Exhibit "C".
4. Such zone change is hereby made subject to the "Mitigation/Conditions
of Approval" listed in attached Exhibit "A", and subject to approval of GPA
No. 07-1193.
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--------.
Page 2 of 3
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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 .IAN 1 6 2008 by the
following vote:
~ COUNCILMEMBER
~ COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
CAR~N. 8CUIIAM. w~, CO~, HA~N. SULLI~. SC~ER
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PAMELA A. McCARTHY, CMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
HARVEY L. HALL
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
By: ~1l1- ~
Exhibit A - Mitigation/Conditions of Approval
B - Zoning Map 124-12
C - Zone Change Legal Description
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ORIGINAL
EXHIBIT A
Mitigation/Conditions of Approval
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EXHIBIT A
Mitigation/Conditions of Approval
General Plan Amendment/Zone Change No. 07-1193
CulturallmDact Mitiaation Measures
1. Prior to ground-disturbance activities associated with this project, personnel associated with the
grading effort shall be informed of the importance of the potential cultural and archaeological
resources (Le. archaeological sites, artifacts, features, burials, etc.) that may be encountered during
site preparation activities, how to identify those resources in the field, and of the regulatory
protections afforded to those resources. The personnel shall be informed of procedures relating to
the discovery of archaeological remains during grading activities and cautioned to a\Oid
archaeological finds with equipment and not collect artifacts. The applicant/developer of the project
site shall submit documentation to the Planning Department that they have met this requirement
prior to commencement of ground-disturbance activities. This documentation should include
information on the date(s) of training activities, the individual(s) that conducted the training, a
description of the training, and a list of names of those who were trained. Should cultural remains
be uncovered, the on-site supervisor shall immediately notify a qualified archaeologist. Mitigation for
potentially significant cultura/ 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 anytime, work shall stop at the location ofthe 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.
City Attornev Condition
2. 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, emplo}ees, 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.
The City will promptly notify Applicant of any such claim, action or preceding, 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 attomey 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
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Exhibit A
GPAlZC 07-1193
Mitigation/Conditions of Approval
Page 2 of 4
another entity or party.
Public Works Conditions
3. 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 South Fairfax Road to arterial standards and East
Wilson Road to collector standards for the full frontage of the area within the General
Plan Amendment/Zone Change (GPAlZC) 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 GPAlZC area is submitted, dedication shall be provided
with the map.
b. Submit a comprehensive drainage study to be reviewed and approved by the City
Engineer. No more than 1 (one) sump maybe utilized to serve this area. The study shall
be approved and any required retention site and necessary easements dedicated to the
City.
c. Sewer service must be provided to the GPAlZC area. Submit a comprehensive sewer
study to be reviewed and approved by the City Engineer. This study must conform to the
Northeast Bakersfield Master Sewer Study. The developer shall be responsible for the
initial extension of the sewer line to serve the property. This sewer line must necessarily
be sized to serve a much larger area than the project area. The City is willing to aid the
developer in the formation of a Planned Sewer Area and/or an Assessment District to
provide a mechanism for the reimbursement of oversizing costs to the developer.
d. 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.
e. Developer is responsible for the construction of all infrastructure, both public and private,
within the boundary of the GPAlZC area. This includes the construction of any and all
boundary streets to the center1ine of the street, unless otherwise specified. The
developer is also responsible for the construction of any off site infrastructure required to
support this development, as identified in these conditions. The phasing of the
construction all infrastructure will be addressed at the subdivision map stage.
For orderly development.
4. Prior to issuance of a of a building permit, the developer shall pay a major transportation facility
fee in the amount of $2,487 per dwelling unit or the fee in effect at the time of building permit
approval. If prior to issuance of a building permit said fee is merged into the regional TIF
(Transportation Impact Fee) program then payment of the regional TI F fee will be deemed to
have satisfied the intent of this condition. This fee is imposed per City Council approved action
plan to pursue funds needed to complete construction of major transportation facilities to serve
growth and development within Metropolitan Bakersfield. For orderly development.
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9.
11.
Exhibit A
GPAlZC 07-1193
Mitigation/Conditions of Approval
Page 3 of 4
5. The entire area covered by this GPAlZC area 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, tentatiw subdivision map, Site Plan Re\Aew, or
application for a lot line adjustment fbr any portion of this GPAlZC area. For orderly
development.
6. The Redbank Road crossing of the Eastside Canal needs widening, and the Wilson Road and
Muller Road crossings on the Eastside Canal must be constR.Jcted. Developer shall pay their
proportionate share of the cost and shall aid in the Drmation of a Major Bridge and
Thoroughfare District for these crossings prior to recordation of any map or approval of any
improvement plan for the GPAlZC 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. For orderly development.
8. Local Mitigation: Pay the proportionate share of the following mitigation measures (not paid for
by the Regional Transportation Impact Fee (RTIF) nor included with normal development
improvements) as indicated in Table 6 of the traffic study. An updated estimate, based upon
current costs, and fee schedule shall be developed by the applicant and approved by the City
Engineer prior to recordation of a map or issuance of a building permit. Proportionate shares
from the study as follows:
a. Brundage Ln & Fairfax Rd, Add 1 EBL, 1 WBL, 1 SBT, 3.06% share, add 1 NBL, 100%
share.
b. Fwy 58 & Fairfax Rd, WB Ramp, Install signal, add 1 NBL, 1 NBT, 1 SBT, 7.01 % share.
c. Fairfax Rd & Muller Rd, Add 1 EBL, 1 WBL, 1 NBL, 1 SBL, 1 SBR, 4.38% share.
Notes: NB - north bound, SB - south bound, WB - west bound, EB - east
bound, L - Left turn lane, T - Through lane, R - Right turn lane,
1Striping only.
For orderly development.
10.
Opening Day Mitigation: Install signals per CalTrans Standard L-9 at the eastbound ramp at
Fwy 58 and Fairfax Road. TIF credit is available for this project. For orderly development.
Regional Transportation Impact Fee: Prior to the issuance of building permits, the project
applicant shall participate in the Regional Transportation Impact Fee (RTIF) program by paying
the adopted residential unit fee in place at time of development. For orderly development.
With submittal of any tentative tract application adjacent to the railroad tracks, the applicant shall
provide a noise study to determine the height and location of a sound wall along the east
boundary of the site. For public health, safety, and IAelfare.
No lots shall front onto East Wilson Road. Any future subdivision along East Wilson Road shall
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12.
Exhibit A
GPAlZC 07-1193
Mitigation/Conditions of Approval
Page 4 of 4
be designed with a masonry block wall with double frontage lots along East Wilson Road. For
orderly development.
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EXHIBIT B
Location Map
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ORIGINAL
EXHIBIT C
Zone Change Legal Description
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ZONE CHANGE
LEGAL DESCRIPTION
THOSE PORTIONS OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION
12, TOWNSHIP 30 SOUTH, RANGE 28 EAST, M. D. M., COUNTY OF KERN, STATE OF
CALIFORNIA, DESCRIBED AS FOllOWS:
PROPOSED R-1
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 12; THENCE NORTH
00036'19" EAST, ALONG THE WEST LINE OF SAID SECTION, A DISTANCE OF 560.01 FEET
TO THE POINT OF BEGINNING; THENCE ALONG THE FOllOWING SIX (6) COURSES:
1) CONTINUING NORTH 00036'19" EAST, ALONG SAID WEST LINE, A DISTANCE
OF 764.60 FEET TO THE NORTH LINE OF SAID SOUTH HALF; THENCE
2) SOUTH 89046'13" EAST, ALONG SAID NORTH LINE, A DISTANCE OF 1322.86
FEET; THENCE
3) DEPARTING SAID NORTH LINE, SOUTH 00036'36" WEST, A DISTANCE OF 924.83
FEET TO A POINT 400.00 FEET NORTHERLY AS MEASURED AT RIGHT ANGLES
TO THE EAST-WEST MID-SECTION LINE OF SAID SECTION; THENCE
4) NORTH 89045'36" WEST, PARALLEL WITH SAID EAST-WEST MID-SECTION LINE,
A DISTANCE OF 275.60 FEET; THENCE
5) NORTH 00000'00" WEST, A DISTANCE OF 160.00 FEETTO A POINT 560.00 FEET
NORTHERLY AS MEASURED AT RIGHT ANGLES TO SAID EAST-WEST MID-
SECTION LINE; THENCE
6) NORTH 89045'36" WEST, PARALLEL WITH SAID EAST-WEST MID-SECTION LINE,
A DISTANCE OF 1045.49 FEET TO THE POINT OF BEGINNING.
CONTAINING 24.24 ACRES, MORE OR LESS.
PROPOSED R-1
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 12; THENCE NORTH
00036'19" EAST, ALONG THE WEST LINE OF SAID SECTION. A DISTANCE OF 1324.61
FEET TO THE NORTH LINE OF SAID SOUTH HALF; THENCE SOUTH 89046'13" EAST,
ALONG SAID NORTH LINE, A DISTANCE OF 1322.86 FEET TO THE POINT OF BEGINNING;
THENCE ALONG THE FOLLOWING FOUR (4) COURSES:
1) CONTINUING SOUTH 89046'13" EAST, ALONG SAID NORTH LINE, A DISTANCE
OF 1026.65 FEET; THENCE
2) DEPARTING SAID NORTH LINE, SOUTH 00036'36" WEST, A DISTANCE OF 980.07
FEET; THENCE
3) NORTH 89045'36" WEST, PARALLEL WITH THE EAST-WEST MID-SECTION LINE
OF SAID SECTION, A DISTANCE OF 1026.65 FEET; THENCE
4) NORTH 00036'36" EAST, A DISTANCE OF 979.88 FEET TO THE POINT OF
BEGINNING.
CONTAINING 23.10 ACRES, MORE OR LESS.
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ORIGINAL
ZONE CHANGE
LEGAL DESCRIPTION (CONTINUED)
PROPOSED R.1
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 12; THENCE NORTH
00036'19" EAST, ALONG THE WEST LINE OF SAID SECTION, A DISTANCE OF 337.11 FEET
TO THE POINT OF BEGINNING; THENCE ALONG THE FOLLOWING FOUR (4) COURSES:
1) CONTINUING NORTH 00036'19" EAST, ALONG SAID WEST LINE, A DISTANCE
OF 222.90 FEET TO A POINT 560.00 FEET NORTHERLY OF THE EAST-WEST
MID-SECTION LINE OF SAID SECTION; THENCE
2) SOUTH 89045'36" EAST, PARALLEL WITH SAID EAST-WEST MID-SECTION LINE,
A DISTANCE OF 1045.49 FEET; THENCE
3) SOUTH 00000'00" WEST, A DISTANCE OF 222.90 FEET; THENCE
4) NORTH 89045'36" WEST, PARALLEL WITH SAID EAST-WEST MID-SECTION LINE,
A DISTANCE OF 1047.85 FEET TO THE POINT OF BEGINNING.
CONTAINING 5.36 ACRES, MORE OR LESS.
PROPOSED R.1
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 12; THENCE SOUTH
89045'36" EAST, ALONG THE EAST-WEST MID-SECTION LINE OF SAID SECTION, A
DISTANCE OF 1322.75 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE
FOLLOWING SIX (6) COURSES:
1) DEPARTING SAID EAST-WEST MID-SECTION LINE, NORTH 00036'36" EAST, A
DISTANCE OF 344.96 FEET; THENCE
2) SOUTH 89045'36" EAST, PARALLEL WITH SAID EAST-WEST MID-SECTION LINE,
A DISTANCE OF 1026.65 FEET; THENCE
3) NORTH 00036'36" EAST, A DISTANCE OF 980.07 FEET TO THE NORTH LINE OF
SAID SOUTH HALF; THENCE
4) SOUTH 89046'13" EAST, ALONG SAID NORTH LINE, A DISTANCE OF 236.20
FEET TO THE WEST LINE OF THE EAST 60.00 FEET OF SAID NORTHWEST
QUARTER; THENCE
5) SOUTH 00036'52" WEST, PARALLEL WITH THE EAST LINE OF SAID
NORTHWEST QUARTER, A DISTANCE OF 1325.07 FEET TO SAID EAST-WEST
MID-SECTION LINE; THENCE
6) NORTH 89045'36" WEST, ALONG SAID EAST-WEST MID-SECTION LINE, A
DISTANCE OF 1262.75 FEET TO THE POINT OF BEGINNING.
CONTAINING 15.31 ACRES, MORE OR LESS.
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ORIGINAL
ZONE CHANGE
LEGAL DESCRIPTION (CONTINUED)
PROPOSED R-1
BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION 12; THENCE ALONG
THE FOLLOWING SIX (6) COURSES:
1) NORTH 00036'19" EAST, ALONG THE WEST LINE OF SAID SECTION, A
DISTANCE OF 337.11 FEET; THENCE
2) SOUTH 89045'36" EAST, PARALLEL WITH THE EAST-WEST MID-SECTION LINE
OF SAID SECTION, A DISTANCE OF 1047.85 FEET; THENCE
3) NORTH 00000'00" EAST, A DISTANCE OF 62.90 FEET TO A POINT 400.00 FEET
NORTHERLY AS MEASURED AT RIGHT ANGLES TO SAID EAST-WEST MID-
SECTION LINE; THENCE
4) SOUTH 89045'36" EAST, PARALLEL WITH SAID EAST-WEST MID-SECTION LINE,
A DISTANCE OF 275.60 FEET; THENCE
5) SOUTH 00036'36" WEST, A DISTANCE OF 400.01 FEET TO SAID EAST-WEST
MID-SECTION LINE; THENCE
6) NORTH 89045'36" WEST, ALONG SAID EAST-WEST MID-SECTION LINE, A
DISTANCE OF 1322.75 FEET TO THE POINT OF BEGINNING.
CONTAINING 10.63 ACRES, MORE OR LESS.
MciNTOSH & ASSOCIATES
2001 Wheelan Court
8akersfield, CA 93309
(661) 834-4814
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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 17th day of lJa.nUo..Yj--' 2008 she posted on the Bulletin Board
at City Hall, a full, true and correct copy of the following: Ordinance No. 4482 ,passed
by the Bakersfield City Council at a meeting held on the 16th day of dOJlU1lY"jJ 2008
and entitled:
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND
AMENDING SECTION 17.06.020 (ZONE MAP NO. 124-12) OF TITLE 17
OF THE MUNICIPAL CODE BY CHANGING THE ZONING TO R-1 (ONE
FAMILY DWELLING) ON 78.64 ACRES LOCATED AT THE
NORTHEAST CORNER OF SOUTH FAIRFAX ROAD AND EAST
WILSON ROAD.
PAMELAA. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By:~~%VG~
DEPUTY City Clerk
S:\DOCUMENT\FORMS\AOP .0RD.wpd
1/17/2008
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ORIGINAL
ORDINANCE NO.
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION
AND AMENDING SECTION 17.06.020 (ZONING MAP 124-12)
OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL
CODE BY CHANGING THE ZONING TO R-1 (ONE FAMILY
DWELLING ZONE) ON 78.64 ACRES, LOCATED AT THE
NORTHEAST CORNER OF SOUTH FAIRFAX ROAD AND EAST
WILSON ROAD. (ZC NO. 07-1193).
4482
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I by City Clerk's Office I
I City of I
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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 being annexed to the
City of Bakersfield located at the northeast corner of South Fairfax Road and East Wilson
Road; and
WHEREAS, the Planning Commission continued the item from the September 20,2007,
meeting to the October 4, 2007 meeting; and
WHEREAS, by Resolution No. 167-07 on October 4,2007, the Planning Commission
recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code
to approve Zone Change No. 07-1193 as delineated on attached Zoning Map 124-12 marked
Exhibit liB", 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 to R-1 (One Family Dwelling Zone) on
78.64 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
August 17,2007, in accordance with CEQA; and
WHEREAS, the general plan designation for this area, with prior adoption of GPA No.
07-1193, allows single family 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. 167-07, adopted on October
4,2007:
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 withwith CEQA.
4.
The proposed project is consistent with surrounding uses.
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ORIGINAL