HomeMy WebLinkAboutORD NO 4531ORDINANCE NO. 4 5 3 ~ h
A
AN ORDINANCE AMENDING SECTION 17.06.020 (ZONE MAP NO.
122-12) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL
CODE BY CHANGING THE ZONING FROM P.U.D. (PLANNED UNIT
DEVELOPMENT) TO R-1/P.U.D. (ONE FAMILY DWELLING/PLANNED
UNIT DEVELOPMENT) ON 93.55 ACRES TO ALLOW DEVELOPMENT
OF A GATED COMMUNITY CONSISTING OF SINGLE FAMILY
RESIDENCES WITH LOCATED AT THE NORHEAST CORNER OF
WHITE LANE AND SOUTH ALLEN ROAD (FILE NO. ZC 08-0594)
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 northeast corner of White Lane and South Allen Road as shown on
Exhibit " 2";
WHEREAS, by Resolution No. 106-08 on July 17, 2008 the Planning Commission
recommended approval of an ordinance amending Title 17 of the Municipal Code to approve
Zone Change 08-0594 as delineated on attached Zoning Map No. 122-12 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 P.U.D. (Planned Unit Development)
to a R-1/P.U.D. (One Family Dwelling/Planned Unit Development 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, for the above described project, an initial study was conducted and it was
determined that the proposed project would not have a significant effect on the environment and
a Negative Declaration was prepared and approved by the City Council on February 11, 2004,
for related project Zone Change No. 03-1073 in accordance with CEQA; and
WHEREAS, a Negative Declaration is applicable to and appropriate for this project; and
WHEREAS, the general plan designation for this area allows residential development
and use; 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 (CEQA) have been
followed.
3. The public necessity, general welfare and good zoning practice justify the ~pIC
requested change of zone from the existing zoning district to R-1/P.U.D. zone o~ F9~~
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ORIGINAL
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
6. Pursuant to BMC Section 17.52.070 for P.U.D find that:
A. The proposed planned unit development zone and preliminary
development plan is consistent with the General Plan and
objectives of this ordinance.
B. The proposed development will constitute a residential
environment of sustained desirability and stability, and it will
compliment and harmonize with the character of the surrounding
neighborhood and community.
C. The proposed development justifies exceptions from the normal
application of this code in that it integrates such elements as the
location of structures, circulation pattern, parking, open space,
utilities and other amenities, together with a program for provision,
operation and maintenance of all areas, improvements, facilities
and services provided for the common use of persons occupying
or utilizing the property.
SECTION 1.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield
as follows:
All of the foregoing recitals are hereby found to be true and correct.
2. Previously adopted Negative Declaration is applicable to this project.
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. 122-12 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.
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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
~T n ~ ~nnA by the following vote:
E ~ COUNCILMEMBER: CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER
OES: COUNCILMEMBER:
ABSTAIN: COUNCILMEMBER:
ABSENT: COUNCILMEMBER:
Y
PAMELA A. McCARTHY, CMC
CITY CLERK and Ex Officio CI of the
Council of the City of Bakersfield
APPROVED
OCT 0 8 200
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
By: ~~
Exhibits: 1. Conditions.
2. Location Map.
3. Zone Map No. 122-12
4. Zone Change Legal Description
Prepared by TJ Wugust 25, 2008\ S:\ZoneChange\yr 2008\08-0594\CC\08-0594-OZC-CC.DOC
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ORIGINAL.
EXHIBIT "1"
CONDITIONS OF APPROVAL
ZONE CHANGE NO.08-0594
RECREATION AND PARKS
1. The City landscape maintenance responsibilities shall end at the start of all curb returns into private
streets.
2. Homeowners association or entity approved by City Attorney shall be required to maintain the private
parks, all private common area landscaping, and any view fences abutting public streets.
CITY ATTORNEY
3. 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.
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 DEPARTMENT
4. All development shall be consistent with Tentative Tract 7161 and R-1/P.U.D. plans as submitted
unless changed in response to conditions as approved by the Planning Director and Public Works
Director.
5. All garage doors shall be roll-up doors.
MITIGATION MEASURES: The following are mitigation measures adopted as conditions of approval
for related GPA/ZC P01-1018 (City Council Res. #087-02.)
Archaeological Resources:
6. Monitoring during construction activities is not recommended at CA-KER-3963, CA-KER-3967, CA-
KER-3968 or CA-KER-3969. If, however, unrecorded cultural remains are unearthed during
rnnStruction. work shall halt in the area until a qualified archaeologist can assess the finds.
Prepared by TJ: s:lzonechangelyr 2008108-0594108-0594-exh 1.doc
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7. If archeological or paleontological resources are discovered during excavation and grading activities
on the project site, the contractor/developer shall stop all work and shall retain a qualified
archeologist to evaluate the significance of the find and appropriate course of action. Salvage
operation requirements in Appendix K of the California Environmental Quality Act (CEQA) Guidelines
shall be followed and the treatment of discovered Native American remains shall comply with State
Code Regulations of the Native American Heritage Commission. (Mitigation Measure; also from
Kern River Ranch/Buena Vista EIR (file # P96-0589)).
8. Should human remains be discovered at any time on any portion of the project site, work shall halt
and the Kern County Coroner shall be notified immediately (Section 7050.5 of the Health and Safety
Code). In the absence of an archaeological monitor, a qualified archaeologist and the local Native
American community, shall be notified. (Mitigation Measure; also from Kern River Ranch/Buena
Vista EIR (file #P96-0589)).
Condition Nos. 9. and 10. were added by the Planning Commission on November 20, 2003.
9. All interior and alley lanes will be designed with appropriate turning radii to satisfy the Fire
Department.
10. The homeowners association will ensure parking restriction in order to maintain fire apparatus
access.
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EXHIBIT 4
ZONE CHANGE LEGAL DESCRIPTION
TRACT NO. 6223 / VTTM 7161
PROPOSED R-1 PUD (FROM PUD)
ALL THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 30 SOUTH,
RANGE 26 EAST, M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA,
BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 12, MARKED BY A 2-1/4" BRASS
CAP MARKED FOR SECTION CORNER AND STAMPED L.S. 1911 AS SHOWN ON RECORD OF
SURVEY BOOK 19 AT PAGE 118 IN THE OFFICE OF THE KERN COUNTY RECORDER; THENCE
N.01°14'42"E. ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 2676.35
FEET TO THE WEST QUARTER CORNER OF SAID SECTION, ALSO BEING THE CENTERLINE OF
CHAMBER BOULEVARD AND THE BEGINNING OF ANON-TANGENT CURVE, CONCAVE TO THE
SOUTHWEST, HAVING A RADIUS OF 1000.00 FEET AND TO WHICH BEGINNING A RADIAL LINE
BEARS N.00°OQ'43"E.; THENCE ON AND ALONG SAID CENTERLINE THE FOLLOWING FOUR (4)
COURSES:
1) SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
73°51'00" AN ARC DISTANCE OF 1288.93 FEET; THENCE
2) S.16°08'17"E., 454.02 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE
NORTHEAST, HAVING A RADIUS OF 1000.00 FEET; THENCE
3) SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
66°02'35" AN ARC DISTANCE OF 1152.67 FEET; THENCE
4) S.82°10'52"E., 632.52 FEET TO THE WESTERLY BOUNDARY OF TRACT NO. 6001-
PHASE BFILED IN MAP BOOK 47 AT PAGES 170 AND 171 IN THE OFFICE OF THE
KERN COUNTY RECORDER; THENCE
DEPARTING SAID CENTERLINE, ON AND ALONG SAID WESTERLY BOUNDARY THE FOLLOWING
FIVE (5) COURSES:
1) S.11 °02'25"W., 55.59 FEET; THENCE
2) S.39°14'49"E., 27.25 FEET; THENCE
3) S.81°54'55"E., 55.67 FEET TO THE CENTERLINE OF WINDERMERE STREET AS
SHOWN ON SAID TRACT MAP, AND THE BEGINNING OF ANON-TANGENT CURVE
CONCAVE TO THE EAST, HAVING A RADIUS OF 1000.00 FEET AND TO WHICH
BEGINNING A RADIAL LINE BEARS N.86°33'28"W.; THENCE
4) SOUTHERLY ALONG SAID CURVE AND SAID CENTERLINE, THROUGH A CENTRAL
ANGLE OF 02°24'15' AN ARC DISTANCE OF 41.96 FEET; THENCE
5) S.01 °02'17"W. ALONG SAID CENTERLINE, A DISTANCE OF 357.52 FEET TO THE
SOUTHWEST CORNER OF SAID TRACT; THENCE
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CONTINUING S.01 0217 W. ALONG SAID CENTERLINE OF WINDERMERE STREET, A DISTANCE
OF 266.83 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION 12; THENCE
N.89°19'48"W. ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER OF SECTION 12, A
DISTANCE OF 2644.87 FEET TO THE POINT OF BEGINNING. L
CONTAINING 93.55 ACRES, MORE OR LESS.
INTOSH
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t~6i-834-4814 • Fax 834.0972
2001 Wheelan Court • Bakersfield, CA 93309
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43R1GIN,
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 9th day of October. 2008 she posted on the Bulletin Board at City Hall, a
full, true and correct copy of the following: Ordinance No. 4531 passed by the
Bakersfield City Council at a meeting held on the 8th day of October, 2008 and entitled:
AN ORDINANCE AMENDING SECTION 17.06.020 (ZONE
MAP NO. 122-12) OF TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE BY CHANGING THE
ZONING FROM P.U.D. (PLANNED UNIT DEVELOPMENT)
TO R-1/P.U.D. (ONE FAMILY DWELLING/PLANNED UNIT
DEVELOPMENT) ON 93.55 ACRES TO ALLOW
DEVELOPMENT OF A GATED COMMUNITY CONSISTING
OF SINGLE FAMILY RESIDENCES LOCATED AT THE
NORTHEAST CORNER OF WHITE LANE AND SOUTH
ALLEND ROAD (FILE NO. ZC 08-0594)
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bak~sfield
By:
DEPU Y Ci Clerk
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