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Home My WebLink AboutORD NO 4499 ORDINANCE NO. AAJi 9 -- ~ AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONING MAP 123-29) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM A (AGRICULTURE ZONE) TO R-1 (ONE FAMILY DWELLING ZONE) ON 39.92 ACRES, LOCATED AT THE NORTHEAST CORNER OF McCUTCHEN ROAD AND OLD RIVER ROAD. (ZC NO. 07-1874). 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 McCutchen Road and Old River Road; and WHEREAS, by Resolution No. 215-07 on December 20, 2007, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 07-1874 as delineated on attached Zoning Map 123-29 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 from A (Agriculture Zone) to R-1 (One Family Dwelling Zone) on 39.92 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 November 16,2007, in accordance with CEQA; and WHEREAS, the general plan designation for this area, with prior adoption of GPA No. 07-1874, 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. 215-07, adopted on December 20, 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. 5. The proposed project, as shown on Exhibit "B", is consistent with the Metropolitan Bakersfield General Plan. <'<. ~AKf""y <:) ~ .::.- f.- c) r;l r.. c) OFiIGI~ML 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 123-29 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- 1874. 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. ---------()o()--------- Page 2 of 3 ~Mf".-\l J. ',,~ ~ r"\ u r, OFUGINl\L I HEREBY CERTIFY that the foregoing Ordinance was passed and adol2ted, by the Council of the City of Bakersfield at a regular meeting thereof held on MAR 1 2 1008 by the following vote: ~ COUNCILMEMBER ~ COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER . ~ /./ // 1.// ~ CARsoN, BENHAM, WEIR, COUCH, HANSON, SULL1VAN, SCRIVNER ~ ~- VI ..rnLCL PAMELAA. McCARTH, C CITY CLERK and Ex 0 icio Clerk of the Council of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney By:~1lh ~ Exhibit A - Mitigation/Conditions of Approval B - Zoning Map 123-29 C - Zone Change Legal Description MO:dc - S:\GPA 4th 2007\07-1874\ResOrd\CC Ord 07-1874.doc ~Mcr ~ "u' \.J ;',\ , f- 1'\ I l.,-) l..J OFUC;:f.L^L EXHIBIT A Mitigation/Conditions of Approval ~<oMf"1> <:) ~"\ )... - I- r~ c) U ORIGIN/\,L EXHIBIT A Mitigation/Conditions of Approval General Plan Amendment/Zone Change No. 07-1874 CulturallmDact Mitigation 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 avoid 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 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. AgriculturallmDact Mitigation Measure 3. In an attempt to reduce complaints and unwarranted investigations undertaken by the Kern County Department of Agriculture, the following disclosure is required to be provided as part of the transfer of properties: "If your real property is adjacent to property used for agricultural operations, you may be subject to inconveniences or discomforts arising from such operations on any 24-hour basis. Said discomforts may include, but shall not be limited to equipment noise, odors from manure and other chemicals, and dust or smoke. It has been determined that in Kern County the use of real property for agricultural operations if such operations are consistent with accepted customs, standards, and laws." Mitigation for potentially significant agricultural resource impacts. Air Quality ImDact Mitigation Measures PM-10 Mitiaation Measures: 4. During construction on the project site, the applicant shall implement the following mitigation measures in order to reduce project emissions. PM-10 will be the most affected criteria pollutant by the proposed mitigation measures. Construction equipment mitigation measures and design feature mitigation measures are also being included to reduce project related impacts: ~K <<<0 'e/;> <:) ~ i2 r' r U ~'.J ORIGINM, Exhibit A GPAlZC 07-1874 Mitigation/Conditions of Approval Page 2 of 6 Water all unpaved or haul road surfaces as needed. Mitigation for potentially significant air quality impacts. Limit speed on all unpaved roads to 15 mph. Mitigation for potentially significant air quality impacts. Water any exposed ground surfaces as needed. Mitigation for potentially significant air quality impacts. Stabilize all disturbed areas including inactive storage piles on an as needed basis. Mitigation for potentially significant air quality impacts. Maintain at least a 6-inch freeboard space during transport of materials and/or cover and wet to limit dust emissions. Mitigation for potentially significant air quality impacts. Remove mud or dirt accumulations on public roadways immediately when track out exceeds 50 or more feet as well as at the end of the workday. Mitigation for potentially significant air quality impacts. Cease grading activities during periods of high winds where entrainment of dust will exceed the SJV APCD 20% opacity requirements. Mitigation for potentially significant air quality impacts. Construction Equipment Mitiaation Measures: Limit idling to no more than 20 minutes at a time. Mitigation for potentially significant air quality impacts. All construction equipment shall be maintained to manufacturers' specifications. Mitigation for potentially significant air quality impacts Where possible electric equipment shall be used in lieu of diesel or gas powered equipment. Mitigation for potentially significant air quality impacts. Encourage employees at the construction sites to carpool to and from work as well as during established lunch hours. Mitigation for potentially significant air quality impacts. In order to reduce project related emissions from mobile sources a number of 'design features' can be incorporated into the project. These 'design features' help to facilitate alternatives to traditional vehicle use, thereby reducing vehicle trips, miles traveled, idling and traffic congestion as well as reducing project related emissions. The following 'design features' will be incorporated into the proposed project to reduce emissions: The applicant shall install street lighting along the project site. Mitigation for potentially significant air quality impacts. I ~Mf"/;J 0-<' u~ - r- n r- CJ OFilGii'J/\L Exhibit A GPAlZC 07-1874 Mitigation/Conditions of Approval Page 3 of 6 Sidewalk coverage throughout the proposed project. Mitigation for potentially significant air quality impacts. Shade trees shall be installed to allow moderate coverage of walkways and/or bikeways. Mitigation for potentially significant air quality impacts. Pedestrian safety signs shall be provided with signalization, where appropriate. Mitigation for potentially significant air quality impacts. Construction Eauipment Mitiaation Measures: All disturbed areas, including storage piles, which are not being actively utilized for construction purposes, shall be effectively stabilized of dust emissions using water, chemical stabilizer/suppressant, covered with a tarp or other suitable cover or vegetative ground cover. Mitigation for potentially significant air quality impacts. All on-site unpaved roads and off-site unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizer/suppressant. Mitigation for potentially significant air quality impacts. All land clearing, grubbing, scraping, excavation, land leveling, grading, cut and fill, and demolition activities shall be effectively controlled of fugitive dust emissions utilizing application of water or by presoaking. Mitigation for potentially significant air quality impacts. With the demolition of buildings or removal of trees, all surfaces shall be wetted during demolition/removal. Mitigation for potentially significant air quality impacts. When materials are transported off-site, all material shall be covered, or effectively wetted to limit visible dust emissions, and at least six inches of freeboard space from the top of the container shall be maintained. Mitigation for potentially significant air quality impacts. All operations shall limit or expeditiously remove the accumulation of mud or dirt from adjacent public streets at the end of each workday. (The use of dry rotary brushes is expressly prohibited except where preceded of accompanied by sufficient wetting to limit the visible dust emissions) (Use of blower devices is expressly forbidden). Mitigation for potentially significant air quality impacts. Following the addition of materials to, or the removal of materials from, the surface of outdoor storage piles, said piles shall be effectively stabilized of fugitive dust emissions utilizing sufficient water or chemical stabilizer/suppressant. Mitigation for potentially significant air quality impacts. Within urban areas, the owner/operator shall prevent carryout and track-out, or immediately remove carryout and track-out when it extends 50 feet or more from the nearest unpaved surface exit point of the site. Mitigation for potentially significant air quality impacts. ::, f-. ,.~) '. \:J' k f" ^ (y '~ -(\ [', f'- c.; Oil!GINi\L Exhibit A GPAlZC 07-1874 Mitigation/Conditions of Approval Page 4 of 6 Any construction site with 150 or more vehicle trips per day shall prevent carryout and track-out. Mitigation for potentially significant air quality impacts. Enhanced and Additional Control Measures for Construction Emissions of PM-10. (From Table 6-3): The following measures shall be implemented at construction site to mitigate significant PM-10 impacts: Limit traffic speeds on unpaved roads to 15 mph. Mitigation for potentially significant air quality impacts. Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than one percent. Mitigation for potentially significant air quality impacts Track out will be prevented by one of the following: o A Grizzly with rails, pipes or grates to dislodge debris off of existing vehicles, o A layer of washed gravel at one inch or larger in diameter, three inches deep, o Extension of paved road at least 100 feet from publicly maintained road, or o Installation of a wheel washer. Mitigation for potentially significant air quality impacts. Install wind breaks at windward side(s) of construction areas. Mitigation for potentially significant air quality impacts. Suspend excavation and grading activity when winds exceed 20 mph (Regardless of wind speed, an owner/operator must comply with Regulation VIII's 20 percent opacity limitation). Mitigation for potentially significant air quality impacts. Limit area subject to excavation, grading, and other construction activity at anyone time. Mitigation for potentially significant air quality impacts. City Attorney's Condition 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 < 'DMf"..-y 0" ,,~"\ >- - f--, n f- t.) C:J C1il !C31 ~.~/\L Exhibit A GPAlZC 07-1874 Mitigation/Conditions of Approval Page 5 of 6 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 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. Public Works DeDartment Conditions 6. 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 McCutchen and Old River Roads to arterial standards for the full frontage of the area within the entire GPA request. Dedications shall include sufficient widths for expanded intersections and additional areas for landscaping as directed by the City Engineer. Dedication shall also include sufficient width for trails in accordance with the approved Parks and Trails Plan for this area. Submit a current title report with the dedication documents. b. This GPAlZC area is too small to support it's 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 drainage area, to be reviewed and approved by the City Engineer. Any required retention site and necessary easements shall be 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. The study shall be in conformance with the Plant 3 Master 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 that 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 centerline 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. For orderly development. <QMf"1> 0(< <f' ~"\ >- r'" t= , L,' t,' ORIGINt,L Exhibit A GPAlZC 07-1874 Mitigation/Conditions of Approval Page 6 of 6 7. Prior to issuance of a of a building permit, the developer shall pay a major transportation facility fee in the amount of $2487 for residential dwelling unit. If prior to issuance of a building permit said fee is merged into the regional TIF program then payment of the regional TIF fee will be deemed to have satisfied the intent of this condition. This fee is a component of the 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. 8. The entire area covered by this General Plan Amendment 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. 9. 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. 10. Traffic Mitigation: Pay the proportionate share of the following mitigation measures (not paid for by the Regional Transportation Impact Fee or 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 prior to recordation of a map or issuance of a building permit. Proportionate shares from the study as follows: a. White Ln & Old River Rd., Add 1 EBL, 1 WBR, 1 WBL, 1.04% share b. Panama Ln & Old River Rd., Expand to 1 EBL, 3 EBT, 1 EBR, 1 WBL, 3 WBT, 1 WBR, 2 NBL, 2 NBT, 1 NBR, 1 SBL, 2 SBT, 1 SBR, 1.46% share (100% share of adding NO.2 NBL) c. Panama Ln & Gosford Rd., Expand to standard expanded intersection plus Add 1 EBT, 1 WBR, 1 NBR, 0.64% share Mitigation for potentially significant traffic impacts. 11. Regional Transportation Impact Fee: Prior to the issuance of building permits, the project applicant shall participate in the RTIF program by paying the adopted residential unit fee in place at time of development. Mitigation for potentially significant traffic impacts. '0 f>,k 2'9 <:i ' ~~" >-, ,; }-- ,- e) CJ Onloll\I/\L EXHIBIT B Zoning Map 123-29 I '(! 1\ K (: /,> (:)" 'c~ -..... i.~rl f-u r-- c) Cj URIGlt!/',L (J')"; C\J~ , It rt) C\J 9 a... . w..-r'" --.~ ~~~ W lI: ca(,!) Z ~zg: >0 ' 5N~ I!. ...: ! ... . 315;~ ;U! "'''''''. I i ~~ d +. 1 '? ~ ~ ~ I & , x - i..' . :: i; Iw ....; w ~~ 99 i if Ii i I ~ ~ 9 Ii ,.. ..;; .. I rah3~i!~ 1& I .4 V I ... ... .. ~ .. I W f h!..h~..i5i!:!zl!~ Ji! ~!l' II i! .. --I.-t:.~.~'d; C'" !...I ,..2 J""~ = III ai:h~Jli,.'r~ "~f' h li2;; :..1 ~ it ~~=:=;:=hilh~li' ,Hi li:U=!.d~ i &':t~t~i~ I....hl 2 ~ II~ddlOltll! H l!i! l~i!l j=~I:~!u! S nh;h~2 H'H;~ I a".2..lo~ -i,...Wa~uol~S~~~I~~....;tt..... - 1!11!!i~j~iil!II;II!~!gJlliSiijll~;iii ~2 ...;.-- a<<irR ,.,...~._ftjI""O_.. ! t ..~ .. , . ......,. "'. I I ... ~, . . a:.uulIJu&:lsSI....3 o!l<4~~....12 ZONE CHANGE 07-1874 ".UI "." _ _00 d u- l!:3t ",1 U "'. a::1 "l'i ll:i . . d: ~ 1 ~ :! < -------1 I ~1 I I ~ Dt.~~1 _ _ a = l' ~~J . fa I f. oiJ :I~ I !3 ~ 1,1 ui ~;~ lei CdS I ..g ,- .B; .. , ;~i i .. p- ,;a!u ~ iift. j , f. i ~ ~eP 8 .. .. ij 5 ,-: ~ G) + I , I c:i 1 li!, I i:3i I u I "----- , " "1'1 q d "1'1 ll:i .... ~ o l- e( ~ ~ I a b,dl EISI uil P.:=, I;!iil ~.. ijl! II'" - ...- l!i ="!~!~.IS Jirtl*ti;1Jl ;~UiiU I" d!fdU .,.:;;";; ~1.s.*U ~.hlh -...,. - - - - - - r - - '. I I I J : 11!! : :I I . I I I (j- .>- I<C/) . ., (\ r-1 r-- c) (,) ORiGi 'oj EXHIBIT C Legal Description '0 p, t::o (,~. \~~'\ > f- 1'-1 r U C) ;~~ \ (J \ f\j/'",L PROPOSED ZONE CHANGE LEGAL DESCRIPTION BEING ALL OF LOTS 25 AND 32 OF THE SAlES MAP OF LANDS OF THE KERN COUNTY LAND COMPANY FILED IN THE OFFICE OF THE KERN COUNTY RECORDER ON JUNE 16, 1897. ALSO BEING AlL THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 30 SOUTH, RANGE 27 EAST. 1'.1.0.1'.1., COUNTY OF KERN, STATE OF CAliFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PROPOSED R.1 (fROM Al BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION, SAID POINT ALSO BEING THE CENTERLINE INTERSECTION OF McCUTCHEN ROAD AND OLD RIVER ROAD; THENCE AlONG THE FOLLOWING FOUR (4) COURSES: 1) NORTH 00033'50" EAST, ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER AND THE CENTERLINE OF OLD RIVER ROAD, A DISTANCE OF 1,320.22 FEET TO A POINT ON THE WESTERLY PROLONGATION OF THE NORTH LINE OF LOT 25 OF SAID SALES MAP; THENCE 2) SOUTH 89017'42" EAST, ALONG SAID WESTERLY PROLONGATION AND THE NORTH LINE OF SAID LOT 25, A DISTANCE OF 1,317.55 FEET TO THE NORTHEAST CORNER OF SAID LOT 25; THENCE 3) SOUTH 00035'39" WEST, ALONG THE EAST LINE OF LOTS 25 AND 32 OF SAID SALES MAP AND THE SOUTHERLY PROLONGATION THEREOF, A DISTANCE OF 1,320.17 FEET TO A POINT ON THE SOUTH LINE OF SAID SOUTHWEST QUARTER, SAID POINT ALSO BEING THE CENTERLINE OF McCUTCHEN ROAD; THENCE 4) NORTH 89017'50" WEST, AlONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER AND THE CENTERLINE OF McCUTCHEN ROAD, A DISTANCE OF 1,316.85 FEET TO THE POINT OF BEGINNING. CONTAINING 39.92 ACRES, MORE OR LESS. MciNTOSH & ASSOCIATES 2001 Wheelan Court Bakersfield, CA 93309 (661) 834-4814 P:\PROJECTS\05021\LEGALS\05021ZC01.doc EBTIGC 8/2312007 (Ok':{(~ v "r) o ':"\ >- -c:, }-- ~-- f l r~) (J;:ilG :r'J/\L 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 MARCH, 2008 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4499 I passed by the Bakersfield City Council at a meeting held on the 12th day of MARCH, 2008 and entitled: AN ORDINANCE APPROVING A NEGATIVE DECLARATION AND AMENDING TITLE 17 (ZONE MAP NO 1;;L3-c)"Q') OF THE MUNICIPAL CODE BY CHANGING THE ZONING FROM A TO R-1 ON 39.92 ACRES LOCATED AT THE NORTHEAST CORNER OF MCCUTCHEN ROAD AND OLD RIVER ROAD. (ZC 07-1874) PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield By: ~CL- DEPUTY City Clerk S:\DOCUMENT\FORMS\AOP ,ORD. wpd 3/10/2008 , ~r>.Kf"0' '< d' () ,r\ >- r\ ~-- r- '<:::, U ORIG!N/\l ORDINANCE NO. A..A.J19 -. - AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONING MAP 123-29) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM A (AGRICULTURE ZONE) TO R-1 (ONE FAMILY DWELLING ZONE) ON 39.92 ACRES, LOCATED AT THE NORTHEAST CORNER OF McCUTCHEN ROAD AND OLD RIVER ROAD. (ZC NO. 07-1874). ~ POSTED ON i_ QL I by City Clerk's Office City of Bakersfield ~ 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 comer of McCutchen Road and Old River Road; and WHEREAS, by Resolution No. 215-07 on December 20, 2007, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 07-1874 as delineated on attached Zoning Map 123-29 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 from A (Agriculture Zone) to R-1 (One Family Dwelling Zone) on 39.92 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 November 16,2007, in accordance with CEQA; and WHEREAS, the general plan designation for this area, with prior adoption of GPA No. 07-1874, 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. 215-07, adopted on December 20, 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. 5. The proposed project, as shown on Exhibit "B", is consistent with the Metropolitan Bakersfield General Plan. ( z,!\K['/) (:;. "c~ >- r- f'" f'- c.) c) OR!G1N/\L