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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 ! 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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