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Home My WebLink AboutORD NO 4021ORDINANCE NO. 4 0 2 1_ AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 123- 19 BY CHANGING THE ZONING FROM R-1 (ONE-FAMILY DWELLING) TO R-2 (LIMITED MULTIPLE-FAMILY DWELLING) ON 28.41 ACRES GENERALLY LOCATED ALONG THE SOUTHWEST CORNER OF PACHECO ROAD AND OLD RIVER ROAD (ZONE CHANGE P01-0223) 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 along the southwest corner of Pacheco Road and Old River Road; and WHEREAS, by Resolution No.87-01 on June 28, 2001, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve the requested R-2 zoning distdct as delineated on attached Zoning Map No. 123-19 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 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-1 (One-Family Dwelling)to R-2 (Limited Multiple-Family Dwelling) 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, a Negative Declaration with mitigation was advertised and posted on May 4, 2001, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows urban type development; and WHEREAS, the City Council has considered and hereby makes the following findings: 1. All required public notices have been given. The provisions of the California Environmental Quality Act have been followed. ORIGINAL Based on the initial study and comments received, staff has determined that the proposed project could not have a significant effect on the environment. A Mitigated Negative Declaration was prepared for the project in accordance with CEQA. The proposed project is consistent with the surrounding land uses. The proposed project is consistent with the Metropolitan Bakersfield 2010 General Plan. This project area is considered cultural sensitive. The subject site is located within the proximity of known cultural resources and also within the area of a reported human burial. Such cultural sensitivity makes the site of interest to Native Americans and subject to cultural mitigation measures. The public necessity, general welfare and good planning practices justify the requested zone change. 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. The Negative Declaration is hereby approved and 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. No. 123-19 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 conditions of approval listed in attached Exhibit "A", subject to approval of GPA p01-0223. 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. 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 SEP 5 2001 , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER ~ ~ ~ COUNCILMEMBER ~ 0 ~ COUNCILMEMBER t'~6 CITY CLERK and Ex Officio l~erk of the Council of the City of Bakersfield H~.R~/EY L. HALL MAYOR of the City of Bakersfield APPROVED AS TO FORM: BART J. THIL,~EN City Attorney/ OR;01NAL EXHIBIT "A" Planninq: 1. Mitigation Measures General Plan Amendment/Zone Change P01-0223 If any abandoned or unrecorded wells are uncovered, or damaged dudng excavation or grading activities, remedial plugging operations pursuant to Division of Gas, Oil and Geothermal Resources requirements will be required. If any archaeological artifacts are discovered dudng site development, all work shall stop until the find has been evaluated by a qualified archaeologist or historian. If excavation or grading operations uncover a previously unrecorded well, the applicant/developer must contact the Bakersfield office of the Department of Conservation, Division of Oil, Gas and Geothermal resources. Such wells may need remedial operations. Public Works: Along with submittal of any development plan, tentative subdivision map, Site Plan Review, or application for a lot line adjustment, the following shall occur: Provide fully executed dedication for Old River Road to arterial standards for the full frontages of the area within the GPA request. Dedications shall include sufficient widths for expanded intersections and additional areas for landscaping as directed by the City Engineer. Submit a current title report with the dedication documents. Prepare a comprehensive drainage study to be submitted to and approved by the City Engineer. Site any drainage retention facility on the periphery of the GPA area to facilitate future expansion or consolidation of drainage facilities as adjacent area develops. The study shall be approved and any required retention site and necessary easements dedicated to the City. Prepare a comprehensive sewer study to be submitted to and approved by the City Engineer. This area is within the service area of the Buena Vista II sewer trunk line. The project engineer shall submit verification to the City Engineer of the sewer system's capability to accept the additional flows to be generated through development under the new land use and zoning. OR;OMAL Exhibit "A" GPA/ZC P01-0223 Page 2 With this application, the project engineer shall prepare a conceptual cimulation study to be submitted to and approved by the City Engineer to vedfy that the property can be developed with roadways that meet the City's minimum standards - i.e. BMC 16.28.160 A. "Block Lengths". Local roads developed along the former Pacheco Road alignment shall be discontinous in nature and any segment thereof shall not exceed 1,000' in block length as per Bakersfield Municipal Code Section 16.28.160 A. Access to the artedal street will be limited and determined at time of division or development. Determination of whether a dght tum lane is required at the access street(s) will also be made at the time of division or development. A full access opening will only be considered if the developer funds and installs a traffic signal at the site entrance. Said signal will only be permitted if a signal synchronization study is submitted and approved, which shows progression is not adversely affected. This applicant has provided analysis which shows there will be an insignificant change in potential trip generation than expected from the present designations allowed by the 2010 General Plan. Therefore, traff~c impacts are accounted for in the Transportation Impact Fee Program (Phase 2) and any development on the site shall be subject to the Traffic Impact Fee schedule in effect at the time of issuance of building permits. RED S:\Dole~P01-0223~vlitigatJon.wpd August 1, 2001 (2:35pm) R-1 TO R-2 CITY OF BAKERSFIELD ZONING MAP SEC. [9 LEGEND 12::5-19 EXHIBIT 'C" GENERAL PLAN AMENDMENT/ZONE CHANGE LEGAL DESCRIPTION BEING A PORTION OF PARCEL 1 OF PARCEL MAP NO. 8776 FILED FOR RECORD OCTOBER 31, 1988 IN BOOK 37 OF PARCEL MAPS AT PAGE 49 AND 50 IN TIlE OFFICE OF THE COUNTY RECORDER, ALSO BEING A PORTION OF SECTION 19, T.30 S., R.27 E., M.D.& M., IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL 1, ALSO BEING THE NORTH QUARTER CORNER OF SECTION 19, 30/27, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 89o12'25'' EAST ALONG THE NORTH LINE OF SAID PARCEL 1 A DISTANCE OF 2633.61 FEET TO THE NORTHEAST CORNER OF SAID PARCEL 1; THENCE SOUTH 00021 '53" WEST ALONG THE EAST LINE OF SAID PARCEL 1 A DISTANCE OF 470.01 FEET; THENCE NORTH 89012'25'' WEST, 2633.21 FEET TO A POINT ON THE WEST LINE OF SAID PARCEL 1; THENCE NORTH 00°19'01" EAST ALONG THE WEST LINE OF SAID PARCEL 1 AS DISTANCE OF 470.02 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS: 28.41 GROSS ACRES JUDK-PACHECO-GPA-LGL AFFIDAVIT OF POSTING DOCUMENTR 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 6th day of September, 2001 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4021 , passed by the Bakersfield City Council at a meeting held on the 5th day of September 2001 and entitled: AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 123-19 BY CHANGING THE ZONING FROM R-1 (ONE FAMILY DWELLING) TO R-2 (LIMITED MULTIPLE FAMILY DWELLING) ON 28.41 ACRES GENERALLY LOCATED ALONG THE SOUTHWEST CORNER OF PACHECO ROAD AND OLD RIVER ROAD (P01-0223) ~si PAMELA A. McCARTHY City Clerk of the City of Bakersfield DEPUTY City Clerk t~ -~ S:\Docum ent\FORMS~AOP,ORD.wpd September 6, 2001