HomeMy WebLinkAboutORD NO 4553ORDINANCE NO. 4 5 5 3
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION,
DENYING THE APPEAL, AND AMENDING SECTION 17.06.020
(ZONING MAP 123-02) OF TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE TO CHANGE THE PRE-
ZONING FROM R-S (RESIDENTIAL SUBURBAN ZONE) TO R-2
(LIMITED MULTIPLE FAMILY DWELLING ZONE) ON 0.238
ACRES, LOCATED AT THE NORTHEAST CORNER OF BELLE
TERRACE AND FIORITO STREET. (ZC 08-1044).
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 generally located at the northeast corner of Belle Terrace and Fiorito Street;
and
WHEREAS, by Resolution No. 128-08 on September 18, 2008, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve Zone Change No. 08-1044 as delineated on attached Zoning Map
123-02 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 R-S (Residential Suburban Zone) to
R-2 (Limited Multiple Family Dwelling Zone) on 0.238 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 19, 2008, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows limited multi-family
residential development; and
WHEREAS, an appeal to the Planning Commission decision was submitted by Cynthia
Thompson, who lives adjacent to the project site and represents some neighbors who are
opposed to the proposed zone change request in an appeal dated September 29, 2008; and
WHEREAS, the City Council has considered and concurs with the following findings
made by the Planning Commission as set forth in Resolution No. 128-08, adopted on
September 18, 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 OAKF
environment. A Negative Declaration was prepared for the project in o~ 9ss
accordance with CEQA. ~ m
V r
O
ORIGINAL
4. The proposed project is consistent with surrounding uses in the general
vicinity of the project site.
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. That the appeal of the Planning Commission decision is hereby denied.
4. 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 the City, the
boundaries of which property is shown on Zoning Map 123-02 marked
Exhibit "B" attached hereto and made a part hereof, and are more
specifically described in attached Exhibit "C".
5. Such zone change is hereby made subject to the "Mitigation/Conditions
of Approval" listed in attached Exhibit "A".
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---------
s
o~~AKF T
Page 2 of 3 ~ `T'
v o
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 DEC ~ 7 Orix
by the following vote:
AYES: COUNCILMEMBER CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER
S: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER Yl
ABSENT: COUNCILMEMBER UI,1S'ttxi
9
PAMELA A. McCARTHY,
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED DEC 1 7 1008
HAR>/EY L. HALL
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
BY~ ~ JI
Exhibit A -Mitigation/Conditions of Approval
B -Zoning Map 123-02
C -Zone Change Legal Description
mo - S:\GPA 3rd 2008\08-1044\Res-Ord\CC Ord 08-1044.doc
o`` gAKF9~
r- m
v o
QRIGINAL
EXHIBIT A
Mitigation/Conditions of Approval
o``gAKF9~
~_ m
r
U p
ORIGINAL
Exhibit A
Mitigation/Conditions of Approval
Zone Change 08-1044
Citv Council Condition
1. The development on the project site shall be limited to two residential units and buildings shall be
single story, each residential unit shall have atwo-car garage. The design will be in conformance
with the architectural plans prepared by Jim Del Marter for Troy Chastain dated Nov. 19, 2008, and
submitted at the City Council on November 19, 2008, which is in Zone Change File 08-1044. For
orderly development.
Planning Commission Conditions
2. All access to the project site shall be via Fiorito Street. For orderly development.
3. The developer shall provide a minimum of six parking spaces for the two proposed residential
units. For orderly development.
Cultural Resources (Mitigation Measures)
4. Prior 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 ofground-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 pofenfial/y significant impacts.
5. 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 impacts.
Biological (Mitigation Measures)
6. Prior to ground disturbance, the developer/subdivider shall have a qualified consultant survey
the location for burrowing owl, and comply with the provisions of the Migratory Bird Treaty Act
(MBTA) of 1918 (16 U.S.C. 703-711). Survey protocol shall be that recommend by the State
Department of Fish and Game. Developer/subdivider shall be subject to the mitigation
measures recommended by the consultant. A copy of the survey shall be provided to the
Planning Department prior to ground disturbance.
s
o``~AKF ~
'' m
~ r
U O
ORIGINAL
Exhibit A
ZC 08-1044
Mitigation/Conditions of Approval
Page 2 of 3
The burrowing owl is a migratory bird species protected by international treaty under the
Migratory Bird Treaty Act (MBTA) of 1918 (16 U.S.C. 703-711). The MBTA makes it unlawful to
take, possess, buy, sell, purchase, or barter any migratory bird listed in 50 C.F.R. Part 10,
including feathers or other parts, nests, eggs, or products, except as allowed by implementing
regulations (50 C.F.R. 21). Sections 3503, 3503.5, and 3800 of the California Department of
Fish and Game Code prohibit the take possession or destruction of birds their nests or epas
To avoid violation of the take provisions of these laws generally requires that project-related
disturbance at active nesting territories be reduced or eliminated during critical phases of the
nesting cycle (March 1 -August 15, annually). Disturbance that causes nest abandonment
and/or loss of reproductive effort (e.g., killing or abandonment of eggs or young) may be
considered "taking" and is potentially punishable by fines and/or imprisonment. Mitigation for
potentially significant impacts.
7. Prior to ground disturbance, the developer/subdivider shall have a qualified consultant survey
the location for kit fox, and comply with the provisions of the Metropolitan Bakersfield Habitat
Conservation Plan (MBHCP). Survey protocol shall be that recommend by the State
Department of Fish and Game. Developer/subdivider shall be subject to the mitigation
measures recommended by the consultant. A copy of the survey shall be provided to the
Planning Department prior to ground disturbance. Mitigation for potenfia//y significant impacts.
Public Works
8. 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 Belle Terrace to collector standards for the full frontage
of the area within the Zone Change request. Dedications shall include 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 Zone Change area is
submitted, dedication can be provided with the map.
b. Provide a comprehensive drainage study to be reviewed and approved by the City Engineer
indicating the existing facilities can support the additional flow.
c. 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.
d. Developer is responsible for the construction of all infrastructures, both public and private,
within the boundary of the Zone Change area. This includes the construction and/or re-
construction ofany 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. The phasing of the
construction all infrastructures will be addressed at the subdivision map or site plan review
stage.
o``gAKF9~
~ m
r
`v o
ORIGINAL
Exhibit A
ZC 08-1044
Mitigation/Conditions of Approval
Page 3 of 3
For orderly development
9. 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 Zone Change area. For orderly
development.
10. The development is required to pay into the adopted Regional Traffic Impact Fee fixed rate
program. For orderly development.
11. This proposal is a zone change only and will result in no net change in trip generation from
previously approved land use entitlements and therefore no additional traffic study is needed.
The development shall be subject to all previous requirements and shall be required to pay into
the adopted Regional Traffic Impact Fee program. The fee program improvements mitigate
impacts of the existing densities. For orderly development.
City Attorney Condition
12. 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 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.
MO:\\S:\GPA 3rd 2008\08-1044\Res-Ord\Exhibit A-1.doc
o~` ~ AKF9s
'' m
~ r
V ~
ORIGINAL
EXHIBIT B
Location Map
o``gAKF9~
> ~
~ m
r
J O
ORIGINAL
.._ \ W
W W
> N W Z
Nw W. h
~~ o"
'
0 ~
N o<
s
`~
r ~ ~ ~ r
~ o
;~
;
N ~° ~~
ii e = z o z
a e u ~ vo 1 I
z
z i
2
~
~
i~
f'
J
! W o W
.
~
~ ` W
_ ~e n..
y i 2~ 2 H w Z Z W H o
_ z
~~r M ~ ..
pwHO W
~
O_'~
J
_~•J
ii~
~~Q•M O
oo ~V
Y
O
O JO
2
~?~E;s iiaa boa in Ngo>a e
mQ~...zm
Q
~
5
F
~ _
Z= W W 2 N
¢ O a
7 J¢' J W Ti `e e e WOO - W Z
V Z O
F Q O O
N~ J DTI N j J ~
J~ J i.
I Z W
~
¢ O'
W
Y M
~ ¢
~„
o W
B
W ti y Z N
a
N
pp
JNOJ ~ Jd ~<w 2J` ~ V Z~ 2 ^' a Z V Q C4 NNr~
j gs.,a a.'iiQQ sn We e!~u°a W u°ji W ~ ¢¢W ov°>> ~z z °¢_
m/A
~`// y
pb+tY_ -~_W. Y2~. ~_`2!'yLCWrv~~-_O~V260¢VO~J O `wW a~~r S
O
B O O
~
O
~
O T Z 2 m
_NNJ
.V a ti~ F~ F~ Z
O
Z_
7~ I V 2 f¢
W U V= V~_~¢ O ppa 3 W W
WwUi ZW~uyZj'Zi Vr3<n 3f VQj2 WYY¢¢2~¢ =600 >
OO-IFa
¢¢4Z¢¢O ~~~66~ V 6'V V¢5<QV S~Q
J
Z Q
', ~ o .{S
O 2 I
~
~_AO'~ ~l.i
~~;~
~ N
<rv ~o
a
~
UNN J ~ U n~nH m ~n_W
s a r
e Rio _HO~_a
¢ ¢ ¢ ¢ ¢ ¢ ¢
¢ > a¢v v v v aZ ~ o¢ aaa v,zo ¢° aw ~ 3~~
PREZON I NG
ZONE~CHANGE 08-1044
lo- ez/ ear ns
n
M
0
~~
y
.-_
~~.
1
ro - m eery .•s
yN
i
..
h
~~
~g
n
S~ ~
$~
&pi '
oS
S~
~e^nA ~ ~
~8d~ ~~~
lY~a+d$g~H
ag...e-~
y=Y:g=~
~~ysg oqq
10 ~~33
~t~^y ~~~g".S i
Oq ~O Of]Nb ~'
z~,n~$S~,°,i°
Q'se'szs3 K
o`` F9
i~ ~ i
O e ` ~ O ~~
- o
.€> X
I
I~ ` C
Is
z ~
:~
~_~-
lii) '
~~~~
T
m
0
ORIGINAL
EXHIBIT C
Zone Change Legal Description
o``gAKF9~
F. m
r
U p
ORIGINAL
LEGAL. DESCRIPTION
LOT 14 OF TRACT NO. 1760 PER MAP BOOK 8 AT PAGE 155, EXCEPT THE
NORTH 131 FEET THEREOF.
DELMARTER AND DEIFEL
~~~~, h ~ _
~- ~~ ,~ ~.
~ ~ No.175sa
IES K. DELMA TER _ ~ ~
.E. 17564 EXPIRES:6-30-2009
o~~AK~9~'
'' m
~" r
v o
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 18th day of December , 2008 she posted on the Bulletin Board
at City Hall, a full, true and correct copy of the following: Ordinance No. 4553 ,passed
by the Bakersfield City Council at a meeting held on the 17th day of December, 2008
and entitled:
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION, DENYING
THE APPEAL AND AMENDING SECTION 17.06.020 (ZONE MAP NO.
123-02) OF TITLE 17 OF THE MUNICIPAL CODE BY CHANGING THE
ZONING FROM R-S TO R-2 ON .238 ACRES LOCTED AT THE
NORTHEAST CORNER OF BELLE TERRACE AND FIORITO STREET.
(ZC 08-1033)
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By: ~a~~~J
DEPUTY City Clerk
S:\DOCUMENT\FORMS\AOP.ORD.wpd