HomeMy WebLinkAboutORD NO 4527ORDINANCE NO. 4 5 2 7
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION
AND AMENDING SECTION 17.06.020 (ZONING MAP NO. 123-
18) CODE BY CHANGING THE ZONING FROM C-2
(REGIONAL COMMERCIAL ZONE) TO R-1 CH (ONE FAMILY
DWELLING/CHURCH OVERLAY) ZONE ON 13.37 ACRES AND
FROM R-2 (LIMITED MULTIPLE FAMILY DWELLING) TO R-1
CH (ONE FAMILY DWELLING/CHURN OVERLAY) ZONE ON
11.80 ACRES, GENERALLY LOCATED NORTH OF HARRIS
ROAD AND EAST OF BUENA VISTA ROAD. (ZC 07-2271).
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 in the City of
Bakersfield generally located north of Harris Road and east of Buena Vista Road; and
WHEREAS, by Resolution No. 95-08 on June 19, 2008, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve Zone Change No. 07-2271 as delineated on attached Zoning Map
123-18 marked Exhibit "A", 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 C-2 (Regional
Commercial Zone) to R-1 CH (One Family Dwelling/Church Overlay Zone) on 13.37 acres and
from R-2 (Limited Multilpe Family Dwelling) to R-1 CH (One Family Dwelling/Church Overlay
Zone) on 11.80 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
May 23, 2008, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows for General
Commercial and High Medium Density 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. 95-08, adopted on
June 19, 2008:
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 with CEQA.
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4. The proposed project is consistent with surrounding uses.
5. The proposed project, as shown on Exhibit "A," 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 "A."
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:
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 in said City, the boundaries of which
property is shown on Zoning Map 123-18 marked Exhibit "A" attached
hereto and made a part hereof, and are more specifically described in
attached Exhibit "B ".
4. Such zone change is hereby made subject to the "Mitigation/Conditions
of Approval" listed in attached Exhibit "C", subject to approval of GPA No.
07-2271.
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 _ AUG ~ p 1008
by the following vote:
/ ,/ / ,/ ,/
AYES COUNCILMEMBER CAR ON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER
S: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER 1/l
ABSENT: COUNCILMEMBER .CTYLIL-
PAMELA A. McCARTHY, C
CITY CLERK and Ex Offi io Clerk of the
Council of the City of Bakersfield
AUQ 2 0 2008
HARVEY L. HALL
Mayor of the City of Bakers
APPROVED as to form
VIRGINIA GENNARO
City Attorney
By:
Exhibit A -Zone Change Legal Description
B -Zoning Map 123-18
C -Mitigation/Conditions of Approval
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EXHIBIT A
Zone Change Legal Description
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EXHIBIT "A"
PROPOSED ZONE CHANGE
LEGAL DESCRIPTION
BEING THOSE PORTIONS OF PARCEL 1 Of PARCEL MERGER NO. U4-0588, AS
EVIDENCED BY THAT CERTAIN CERTIFICATE OF MERGER RECORDED JANUARY
20, 2005 AS DOCUMENT NO. 0205013491 OF OFfICIAL RECORDS IN THE OFFICE
OF THE KERN COUNTY RECORDER; ALSO BEING THOSE PORTIONS OF THE
SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 30 SOUTH, RANGE 27 EAST,
M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA,
DESCRIBED AS FOLLOWS:
PROPOSED R-1 CH (FROM C-2):
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION; THENCE
NORTH 00°5738" EAST, ALONG THE WEST LINE OF SAID SECTION, A DISTANCE
OF 99.86 FEET TO THE POINT OF BEGINNING, SAID POINT ALSO BEING ON THE
NORTHERLY RIGHT-OF-WAY (R/VV) LINE OF THE SOUTHERN PACIFIC RAILROAD
RNV PER BOOK 47, PAGE 356 OF DEEDS IN THE OFFICE OF THE KERN COUNTY
RECORDER; THENCE ALONG THE FOLLOWING FIVE (5) COURSES:
1) DEPARTING SAID NORTHERLY RNV LINE, CONTINUING NORTH 00°57'38"
EAST, ALONG SAID WEST LINE, A DISTANCE OF 811.63 FEET; THENCE
2) DEPARTING SAID WEST LINE, SOUTH 89°12'38" EAST, A DISTANCE OF
702.45 FEET; THENCE
3) SOUTH 00°57'38" WEST, A DISTANCE OF 646.33 fEET; THENCE
4) SOUTH 40°38'18" EAST, A DISTANCE OF 221.70 FEET TO THE NORTHERLY
RNV LINE OF SAID SOUTHERN PACIFIC RAILROAD RNV; THENCE
5) NORTH 89°08'53" WEST, ALONG SAID NORTHERLY R/W LINE, A DISTANCE
OF 849.64 FEET TO THE POINT OF BEGINNING.
CONTAINING 13.37 ACRES, MORE OR LESS.
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McINTOSH & ASSOCIATES
2001 Wheelan Court
Bakersfield, CA 93309
(881)834-4814
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EXHIBIT "A"
PROPOSED ZONE CHANGE
LEGAL DESCRIPTION
(CONTINUED)
PROPOSED R-1 CH (FROM R-2):
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION; THENCE
NORTH 00°57'38° EAST, ALONG THE WEST LINE Of SAID SECTION, A DISTANCE
OF 99.86 FEET TO THE NORTHERLY RIGHT-OF-WAY (R/V1/) LINE Of THE
SOUTHERN PACIFIC RAILROAD RNV PER BOOK 47, PAGE 356 OF DEEDS IN THE
OFFICE OF THE KERN COUNTY RECORDER; THENCE DEPARTING SAID
NORTHERLY RNV LINE, CONTINUING NORTH 00°57'38" EAST, ALONG SAID WEST
LINE, A DISTANCE OF 811.63 FEET; THENCE DEPARTING SAID WEST LINE,
SOUTH 89°12'38" EAST, A DISTANCE OF 702.45 FEET THE POINT Of BEGINNING;
THENCE ALONG THE FOLLOWING FIVE (5) COURSES:
1) CONTINUING SOUTH 89°12'38" EAST, A DISTANCE OF•647.44 fEET TO THE
WESTERLY BOUNDARY OF TRACT NO. 6008 PHASE 1, fIL~D FOR
RECORD IN BOOK 47 OF MAPS AT PAGES 16 THROUGH 18 IN THE OFFICE
OF THE KERN COUNTY RECORDER; THENCE
2) SOUTH 00°57'38" WEST, ALONG SAID WESTERLY BOUNDARY LINE AND
THE WESTERLY BOUNDARY LINE OF TRACT NO. 6008 PHASE 2, FILED
FOR RECORD IN BOOK 47 OF MAPS AT PAGES 111 AND 112 IN THE
OFFICE OF THE KERN COUNTY RECORDER, A DISTANCE Of 813.10 FEET
TO THE NORTHERLY R/W LINE OF SAID SOUTHERN PACIFIC RAILROAD
R/VN; THENCE
3) NORTH 89°08'53" WEST, ALONG SAID NORTHERLY RNV LINE, A DISTANCE
OF 500.25 FEET; THENCE
4) DEPARTING SAID NORTHERLY RNV LINE, NORTH 40°38'18" WEST, A
DISTANCE OF 221.70 FEET; THENCE
5) NORTH 00°57'38" EAST, A DISTANCE OF 646.33 FEET TO THE POINT OF
BEGINNING.
CONTAINING 11.80 ACRES, MORE OR LESS.
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McINTOSH & ASSOCIATES
2001 Wheelan Court
Bakersfield, CA 93309
(861).834-4814
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EXHIBIT B
Zoning Map 123-18
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ORIGINAL
CITY OF BAKERSFIELD
ZONING DISTRICT DESIGNATIONS
R-1 One Family Dwelling C-O Professional and Administration Office
6,000 sq.ft. minimum lot size
C-1 Neighborhood Commercial
E Estate
10,000 sq.ft. minimum lot size C-2 Regional Commercial
R-S Residential Suburban C-C Commercial Center
24,000 sq.ft./dwelling unit
C-B Central Business
R-S-1A Residential Suburban
1 acre minimum lot size PCD Planned Commercial Development
R-S-2.5A Residential Suburban M-1 Light Manufacturing
2'/2 acre minimum lot size
M-2 General Manufacturing
R-S-5A Residential Suburban
5 acre minimum lot size M-3 Heavy Industrial
R-S-10A Residential Suburban P Automobile Parking
10 acre minimum lot size
RE Recreation
R-2 Limited Multiple Family Dwelling
4,500 sq.ft. min lot size (single family) Ch Church Overlay
6,000 sq.ft. min lot size (multifamily)
2,500 sq.ft. lot area/dwelling unit OS Open Space
R-3 Multiple Family Dwelling HOSP Hospital Overlay
6,000 sq.ft. minimum lot size
1,250 sq.ft. lot area/dwelling unit AD Architectural Design Overlay
R-4 High Density Multiple Family Dwelling FP-P Floodplain Primary
6,000 sq.ft. minimum lot size
600 sq.ft. lot area/dwelling unit FP-S Floodplain Secondary
R-H Residential Holding AA Airport Approach
20 acre minimum lot size
A Agriculture
DI
Drilling Island
6,000 sq.ft. minimum lot size pE Petroleum Extaction Combining
A-20A Agriculture SC Senior Citizen Overlay
20 acre minimum lot size
PUD Planned Unit Development HD Hillside Development Combining
TT Travel Trailer Park
MH Mobilehome
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EXHIBIT C
Mitigation/Conditions of Approval
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Exhibit C
Mitigation/Conditions of Approval
General Plan Amendment/Zone Change No. 07-2271
MITIGATION MEASURES FROM NEGATIVE DECLARATION:
Cultural Impact Mitiaation Measures:
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 significant cultural impact)
2. 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 (i.e. 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 significant cultural impact)
Traffic Impact Mitiaation Measures:
1. Prior to the issuance of any building permit within the GPA/ZC area, the developer shall pay
the applicable Regional Transportation Impact Fee (RTIF) to the satisfaction of the City of
Bakersfield Public Works Department. (Mitigation for potentially significant traffic impact)
2. Prior to issuance of a building permit, developer shall pay a major transportation facility fee in
the amount of $0.35 per square foot for commercial 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.
(Mitigation for potentially significant traffic impact)
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EXHIBIT C
GPAIZC No. 07-2271
Mitigation/Conditions of Approval
Safety Division Conditions:
1. Pipeline Easements:
a. Concurrently with recordation of any phase that includes the pipeline easements or portions
thereof, subdivider shall show the easements on the final map with a notation that structures
including accessory buildings and swimming pools, are prohibited within the easements and
record a corresponding covenant.
b. Prior to or concurrently with recordation of any phase that includes the pipeline easements or
portions thereof, subdivider shall show on the final map that no habitable portion of a structure
may be built within 50 feet of a gas main, or transmission line, or refined liquid product line with
36 inches of cover, and record a corresponding covenant.
c. No structure may be within 40 feet of a hazardous liquids pipeline bearing refined product, within
48 inches or more of cover. If a pipeline meets this criteria, the 40 foot setback line shall be
shown in the final map and a corresponding covenant shall be recorded prior to or concurrently
with recordation of any phase that is affected.
d. No habitable portion of a structure may be built within thirty (30) feet of a crude oil pipeline
operating at twenty percent (20%) or greater of its design strength.
e. Prior to or concurrently with recordation of any phase within 250 feet of the pipeline easements,
subdivider shall record a covenant disclosing the location of the pipelines on all lots of this
subdivision within 250 feet of the pipelines. (For public health, safety and welfare)
Division of Oil, Gas and Geothermal Resources Conditions:
There is one plugged and abandoned oil well within the project boundaries. No structure shall be
constructed over or in proximity to the abandoned well location. Section 3208.1 of the Public
Resources Code authorizes the State Oil and Gas Supervisor to order the reabandonment of a
previously abandoned well when construction of any structure over or in the proximity of a well
could result in a hazard. The cost of reabandonment operations is the responsibility of the owner
or developer of the project upon which the structure will be located. If the abandoned well is on
the adjacent property or near the common property line, any structures shall be set back
sufficiently to allow future access to the well. (For public health, safety and welfare)
2. This well will need to be exposed for inspection and leakage testing prior to construction. If the
well isn't located within five feet of latitude 35.312849 and longitude -119.125809 from SW corner
820N 330E in Canfield Ranch, it will need to be surveyed by a licensed land surveyor and the
coordinates supplied to the division in NAD 27 Continental US coordinates. Remedial operations
may be required. (For public health, safety and welfare)
3. No structures may be constructed within 10 feet of a plugged or abandoned well. On the final site
plan and grading plans, clearly show all well locations, and the 10 foot setback line around each
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EXHIBIT C
GPA/ZC No. 07-2271
MitigationlConditions of Approval
well. Also submit a legible copy of final project maps to the Division of Oil, Gas, and Geothermal
Resources. (For public health, safety and welfare)
4. If any other abandoned or unrecorded wells are uncovered or damaged during excavation or
grading, remedial plugging operations may be required. The office of the Division of Oil, Gas and
Geothermal Resources at 4800 Stockdale Highway, Suite 417, Bakersfield, Ca 93309 (661) 334-
3653, shall be contacted to obtain information on the requirements for and approval to perform
remedial operations. (For public health, safety and welfare)
Biological Resources Mitigation Measures:
NOTICE-This project is within an area of documented "known" den sites for the San Joaquin Kit
Fox. A kit fox clearance survey is needed prior to approval of a grading plan and anv ground
disturbance to determine if kit fox dens exist on the site. The Planning Division is to receive a
copy of this clearance survey. This also requires that the applicant provide notice to wildlife
agencies at least 5 business days before grading occurs and/or anv found den sites are
excavated. Forms and instructions are available at the Planning Division. Please contact Jim
Movius at (661) 326-3992 if you have questions concerning this matter. (Metropolitan Bakersfield
Habitat Conservation Plan Implementation/Management Agreement Section 4.74 & Bakersfield
Municipal Code §15.68.070) (Mitigation for potentially significant biological resource impacts)
The current Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) expires in year 2014.
Projects may be issued an urban development permit, grading plan approval, or building permit and
pay fees prior to the 2014 expiration date under the current MBHCP. As determined by the City of
Bakersfield, only projects ready to be issued an urban development permit, grading plan approval or
building permit) before the 2014 expiration date will be eligible to pay fees under the current MBHCP.
Early payment or pre-payment of MBHCP fees shall not be allowed. The ability of the City to issue
urban development permits is governed by the terms of the MBHCP. Urban development permits
issued after the 2014 expiration date may be subject to a new or revised Habitat Conservation Plan, if
approved, or be required to comply directly with requests of the U.S. Fish and Wildlife Agency and the
California Fish and Game Department.
Planning Department Condition:
1. Access to the east on Ash Hollow Way Street will be provided in a manner to permit access to the
existing residential area at the discretion of the church. The exact design is to be approved by
both Public Works and Planning Directors. (The intent is to provide some access between the
church facilities and the existing neighborhood.) (For orderly development)
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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 21st day of August , 2008 she posted on the Bulletin Board at
City Hall, a full, true and correct copy of the following: Ordinance No. 4527 ,passed
by the Bakersfield City Council at a meeting held on the 20th day of August, 2008
and entitled:
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND
AMENDING TITLE 17 (ZONE MAP NO. 123-18) OF THE MUNICIPAL
CODE BY CHANGING THE ZONING FROM C-2 TO R-1 CH ON 13.37
ACRES AND FROM R-2 TO R-1 CH ON 11.80 ACRES GENERALLY
LOCATED NORTH OF HARRIS ROAD AND EAST OF BUENA VISTA
ROAD. (ZC 07-2271)
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By `-~ ~ _~__.__
DEPUTY City Clerk
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