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Home My WebLink AboutORD NO 4024ORDINANCE NO. ~: 0 2 ~= AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO. 123-19) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM C-2 (REGIONAL COMMERCIAL) to R-1 (ONE FAMILY DWELLING) ON 8.560 ACRES AND R-1 (ONE FAMILY DWELLING) TO C-2 (REGION- AL COMMERCIAL) ON 8.562 ACRES LOCATED AT THE NORTHEAST CORNER OF BUENA VISTA ROAD AND PANAMA LANE (FILE# ZC P01-0302). 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 for certain property in the City of Bakersfield located at the northeast corner of Buena Vista Road and Panama Lane; and WHEREAS, by Resolution No. 96-01 on June 28, 2001, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve ZC P01-0302 as delineated on attached Zoning Map No. 123-19, 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 WHEREAS, for the above-described proposal, an Initial Study was conducted and it was determined that the proposed project would not have a significant effect on the environment if certain mitigation measures were adopted to address potential impacts regarding cultural resources and traffic, and, therefore, a Negative Declaration with mitigation measures was prepared and posted on May 29, 2001, in accordance with CEQA; and WHEREAS, the law and regulations relating to the preparation and adoption of Negative Declarations, as set forth in CEQA and the City of Bakersfield's CEQA Implementation Procedures, have been duly followed by city staff, the Planning Commission, and this Council; and WHEREAS, the general plan designation for this area allows C-2 (Regional Commercial) and R-1 (One Family Dwelling) development; and WHEREAS, the City Council has considered and hereby makes the following findings: 1. All above recitals are true and correct. The provisions of the California Environmental Quality Act have been met. The proposed project would not have a significant effect on the environment if certain mitigation measures are adopted to address potential impacts regarding cultural resources and traffic. 4. The proposed project is consistent with the surrounding land uses. The proposed project is consistent with the Metropolitan Bakersfield 2010 General Plan. Based on the absence of evidence in the record as required by Section_' ,~ 21082.2 of the State of California Public Resources Code (CEQA) for the purpose of documenting significant effects, it is the conclusion of the Lead Agency that this project will result in impacts that fall below the threshold of significance with regard to wildlife resources and, therefore, must be granted a "de minimis" exemption in accordance with Section 711.4 of the State of California Department of Fish and Game Code. Additionally, the assumption of adverse effect is rebutted by the above- reference absence of evidence in the record and the Lead Agency's decision to prepare a Negative Declaration for this project. SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: 1. The above recitals and findings are true and correct and constitute the Findings of the Council, incorporated herein. 2. The Negative Declaration with mitigation measures is hereby adopted for Zone Change No. P01-0302 3. The Mitigation Monitoring and Reporting Checklist proposed in Exhibit D is hereby adopted. 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 from C-2 (Regional Commercial) to R-1 (One Family Dwelling) on 8.560 acres and R-1 (One Family Dwelling) to C-2 (Regional Commercial) on 8.562 acres of that certain property in said City, the boundaries of which property is shown on Zoning Map No. 123-19, marked Exhibit "A" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "B ". 5. That Zone Change No. P01-0302, as outlined above, is hereby subject to the conditions of approval/mitigation measures as provided in Exhibit C. 6. The Planning Division of the Development Services Department is hereby directed to file a Notice of Determination with the County Clerk of Kern County, pursuant to the provisions of Section 21152 of the Public Resources Code and Section 15094 of the CEQA Guidelines adopted pursuant thereto and a Certificate of Fee Exemption pursuant to Section 711.4 (c)(2)(B) of the State of California Department of Fish and Game Code. 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 ......... I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted b~y:.,, ,:. ~::, the Council of the City of Bakersfield at a regular meeting thereof held on September 5, 2001, by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNCILMCMBER [x~ <3 COUNCILM~:MBER rJo~ COUNCILMEMBER ~J c~,~. CITY CLERK and Ex Officio Cler~',~f the Council of the City of Bakersfield APPROVED MAYOR of the City of Bakersfield APPROVED a~to form: BART THILTG~EN City Attorney ? S:\GPA 2nd Qtr 200%P01-0302~OZC-CC,P01-0302.wpd R27E C-2 CITY OF BAKERSFIELD ZONING MAP SEC. ICj '[ ~Os LEGEND EXHIBIT B DESCRIPTION OF ADJUSTED 20 ACRE COMMERCIAL SITE BEING A PORTION OF THE SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 30 SOUTH, RANGE 27 EAST, M.D.M. IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTH 755.00 FEET OF THE WEST 1154.00 FEET OF SAID SECTION 19. CONTAINING 20.00 ACRES MORE OR LESS. E~AiN~UREN L.S. 3707 EXHIBIT C GENERAL PLAN AMENDMENT/ZONE CHANGE P01-0302 CONDITIONS OF APPROVAL/MITIGATION MEASURES Along with submittal of any development plan, tentative subdivision map, or application for a lot line adjustment, the following shall occur: a) Provide fully executed dedication for Buena Vista Road and Panama Lane 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. b) Prepare a conceptual drainage study for the entire area covered by this General Plan Amendment to be submitted to and approved by the City Engineer. This area shall be limited to one sump. Where possible, site the drainage retention facility on the periphery of the GPA area to facilitate future expansion or consolidation of drainage facilities as adjacent area develops. All subsequent developments in this GPNZC area shall conform to the approved drainage study. c) With any development of the subject property that is immediately adjacent to the existing irrigation canal immediately north of Panama Lane, relocate and/or pipe that portion of the existing irrigation ditch that is within the area being developed. An irrigation line will not be allowed in the road right-of-way, but must be located outside the right-of-way in the landscape easement or on private property. Access to the arterial and collector streets will be limited and determined at time of division or development. Determination of whether a right turn 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. The traffic mitigation measures adopted under General Plan Amendment 1-93, Segment VIII and Zone Change No. 5425 in 1993 (Resolution No. 62-93 and Ordinance No. 3535) shall remain in effect for GPA/ZC P01-0302. In addition, any development within the GPA/ZC P01-0302 project area shall pay the Phase 1 Traffic Impact Fee. An archaeological investigation shall be prepared by a qualified archaeologist to determine if any archaeological resources exist on the project site. The archaeological investigation shall be submitted in conjunction with any required site plan review application or other application requiring discretionary action. In the event that material of potential cultural significance is uncovered during grading activities on the project site, all grading shall cease and the project applicant shall retain a professional archaeologist to evaluate the quality and significance of the material. Grading shall not continue until resources have been completely removed by the archaeologist and recorded as appropriate. Compliance with this measure is subject to periodic inspection by the project applicant. 2 EXHIBIT D General Plan Amendment/Zone Change P01-0302 Mitigation Monitoring and Reporting Checklist Mit VERIFICATION OF COMPLIANCE No. Monitoring and Party Mitigation Measure/Conditions of Approval Reporting Monitoring Responsible Process Milestone for Monitoring Initials Date Remarks I The traffic mitigation measures adopted Site Plan Review/ Tentative Map/ Public under General Plan Amendment 1-93, Tentative Map Site Plan Works Segment VIII and Zone Change No. 5425 in Review Review 1993 (Resolution No. 62-93 and Ordinance Approval No. 3535) shall remain in effect for GPA/ZC P01-0302. In addition, any development within the GPA/ZC P01-0302 project area shall pay the Phase I Traffic Impact Fee. 2 An archaeological investigation shall be Archaeologist During Planning prepared by a qualified archaeologist to Conduct Field Work Grading Department determine if any archaeological resources exist on the project site. The archaeological investigation shall be submitted in conjunction with any required site plan review application or other application requiring discretionary action. In the event that material of potential cultural significance is uncovered during grading activities on the project site, all grading shall cease and the project applicant shall retain a professional archaeologist to evaluate the quality and significance of the material. Grading shall not continue until resources have been completely removed by the archaeologist and recorded as appropriate. Compliance with this measure is subject to periodic inspection by the project applicant. S:\GPA 2nd Qtr 2001\P01-0302\mitigation.wpd 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 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. 4024 , passed by the Bakersfield City Council at a meeting held on the 5th day of September 2001 and entitled: AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO. 123-19) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FORM C-2 (REGIONAL COMMERCIAL) TO R-1 (ONE FAMILY DWELLING) ON 8.560 ACRES AND R-1 (ONE FAMILY DWELLING) TO C-2 (REGIONAL COMMERCIAL ON 8.562 ACRES LOCATED AT THE NORTHEAST CORNER OF BUENA VISTA ROAD AND PANAMA LANE. (P01-0302) /s/PAMELA A. McCARTHY City Clerk of the City of Bakersfield DEP0'I"~ity Cle;~-- "~ ~ S:\Docum ent\FORMS~AOP.ORD.wpd September 6, 2001