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HomeMy WebLinkAboutORD NO 4625ORDINANCE NO. 4 6 2 5 AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM A (AGRICULTURE) TO R-2/PUD (LIMITED MULTIPLE FAMILY DWELLING/PLANNED UNIT DEVELOPMENT) ON 4.78 ACRES AND FROM A (AGRICULTURE) TO R-1 (ONE FAMILY DWELLING) ON 11.26 ACRES, LOCATED ALONG THE EAST SIDE OF STINE ROAD, GENERALLY BETWEEN MCKEE ROAD AND TAFT HIGHWAY. (ZC NO. 10-0045). 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 request to change the land use zoning of those certain properties being annexed to the City of Bakersfield located along the east side of Stine Road, generally between McKee Road and Taft Highway; and WHEREAS, by Resolution No. 16-10 on June 17, 2010, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 10-0045 as delineated on attached map marked Exhibit "B", by this City 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 zone change to change the zoning of the subject property from A (Agriculture) to R-2/PUD (Limited Multiple Family Dwelling/Planned Unit Development) zone on 4.78 acres, and from A (Agriculture) to R-1 (One Family Dwelling) zone on 11.26 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 May 24, 2010, in accordance with CEQA; and WHEREAS, the general plan designation for this area, with prior adoption of General Plan Amendment No. 10-0045, allows for residential devlopment; and WHEREAS, the City Council has considered and concurs with the following findings made by the Planning Commission as set forth in Resolution No. 16-10, adopted on June 17, 2010: All required public notices have been given. 2. The provisions of the California Environmental Quality Act have been followed. Page 1 of 3 O~~AK~9J' T ~ m , )PONAL 3. Based on the intial study and comments received, staff has determined that the proposed project could not have a significant effect on the environment. A Negative Declaration was prepared for the project in accordance with CEQA. 4. The proposed project is consistent with surrounding uses. 5. The proposed project, as shown on Exhibit "B", is consistent with the Metropolitan Bakersfield General Plan, with prior approval of GPA 10- 0045. 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: That the above recitals, incorporated herein, are true and correct. 2. The Negative Declaration is hereby adopted. 3. Title 17 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 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 "Mitigation/Conditions of Approval" listed in attached Exhibit "A", and subject to prior approval of GPA No. 10-0045. 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......... p,AKF9J Page 2 of 3 c C)RiGINAI. 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 0 8 2010 by the following vote: V- ve, W11 COUNCILMEMBER CARSON, BEN AM, WEIR, COUCH, HAI` ISON, SULLIVAN, SCRI NER NOES: COUNCILMEMBER (NDY\Q'1 ABSTAIN: COUNCILMEMBER an ABSENT: COUNCILMEMBER C`nQ . ROBERTA GAFFORD, C CITY CLERK and Ex Off' to Clerk of the Council of the City of Bakersfield HARVEY L. HALL Mayor of the City of Bakersfield APPROVED as to form VIRGINIA !'~'a NARO City Attor By: 'e". Exhibit A - Mitigation Measures and Conditions of Approval B - Zone Change Location Map C - Zone Change Legal Description DL\ S:\GPAs\GPA 2nd 2010\10-0045\Reso Ord\CC Ord 10-0045.doc Page 3 of 3 AK`'J T M r J O r)p~i(.71NA1. Exhibit A Mitigation Measures & Conditions of Approval oQ~AKF9 ~-n m 0 O EXHIBIT A MITIGATION MEASURES & CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT/ZONE CHANGE NO. 10-0045 Air Quality Mitiaation Measures The proposed project will have air pollutant emissions associated with the construction and use of the project site. Prior to grading plan approval, the applicant/developer of the project site shall submit documentation to the Planning Department that they will/have met all air quality control measures required by the San Joaquin Valley Air Pollution Control District. Mitigation for potentially significant air quality impact. Bioloaical Impact Mitiaation Measures 2. Prior to ground disturbance, the developer shall have a qualified consultant survey the location for burrowing owls, and comply with the provisions of the Migratory Bird Treaty Act (META) of 1918 (16 U.S.C. 703-711). Survey protocol shall be that recommended by the State Department of Fish and Game. Developer 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. 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 eggs. 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 biological resource impact. 3. Prior to ground disturbance, the developer shall have a qualified consultant survey the location for kit fox, and comply with the provisions of the Metropolitan Bakersfield Habitat Conservation Plan. Survey protocol shall be that recommended by the State Department of Fish and Game. Developer 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. O~ AK, 9~ m 0 O ORS aINAI Exhibit A Mitigation Measures & Conditions of Approval GPA/ZC 10-0045 Page 2 The current MBHCP expires in year 2014. Projects may be issued an urban development permit, grading plan approval, or building permit and pay fees prior to the 2014 expiration date under the current MBHCP. As determined by the City of Bakersfield, only projects ready to be issued an urban development permit, grading plan approval or building permit) before the 2014 expiration date will be eligible to pay fees under the current MBHCP. Early payment or pre- payment of MBHCP fees shall not be allowed. The ability of the City to issue urban development permits is governed by the terms of the MBHCP. Urban development permits issued after the 2014 expiration date may be subject to a new or revised Habitat Conservation Plan, if approved, or be required to comply directly with requests of the U.S. Fish and Wildlife Agency and the California Fish and Game Department. Mitigation for potentially significant biological resource impact. Cultural Impact Mitiaation Measures 4. 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 Resource 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 cultural resource impacts. 5. Prior to ground-disturbance activities associated with this project, personnel associates 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 of ground-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 potentially significant cultural resource impacts. ~gPKF9 m - r ,Ql(INAL Exhibit A Mitigation Measures & Conditions of Approval GPA/ZC 10-0045 Page 3 Public Works 6. 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 Stine Road to arterial standards for the full frontage 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. If a tentative subdivision map over the entire GPA/ZC area is submitted, dedication can be provided with the map. b. Submit a comprehensive drainage study to be reviewed and approved by the City Engineer. No more than 1 sump may be utilized to serve this area; these sumps should be located so that they may be available to serve adjacent areas as they develop. If only one sump is utilized to serve this GPA/ZC area, it need not be so located. The study shall be approved and any required retention site and necessary easements dedicated to the City. C. Sewer service must be provided to the GPA/ZC area. The developer shall be responsible for the initial extension of the sewer line to serve the property. This sewer line must necessarily be sized to serve a much larger area that the project area. The City is willing to aid the developer in the formation of a Planned Sewer Area and/or an Assessment District to provide a mechanism for the reimbursement of oversizing costs to the developer. d. In order to preserve the permeability of the sump and to prevent the introduction of sediments from construction or from storm events, all retention and detention basins (sumps) shall have a mechanical device in the storm drain system to remove or minimize the introduction of oil, grease, trash, and sediments to the sump. This device shall be reviewed and approved by the City Engineer, and shall provide the greatest benefit to the storm drain system with the least maintenance cost. e. Developer is responsible for the construction of all infrastructure, both public and private, within the boundary of the GPA/ZC area. This includes the construction of any and all boundary streets to the centerline of the street, unless otherwise specified. The developer is also responsible for the o~~AKF9 T r t~ O ORIGINAL Exhibit A Mitigation Measures & Conditions of Approval GPA/ZC 10-0045 Page 4 construction of any off site infrastructure required to support this development, as identified in these conditions. The phasing of the construction all infrastructure will be addressed at the subdivision map stage. 7. The entire area covered by this General Plan Amendment 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 GPA area. 8. Payment of the proportionate share of the cost of the median for the arterial frontage of the property within the GPA/ZC request is required prior to recordation of any map or approval of any improvement plan for the GPA/ZC area. 9. The development is required to pay into the adopted Regional Traffic Impact Fee fixed rate program. 10. A traffic impact analysis was prepared for the project site and submitted to the City in by Hansen Engineering. We have reviewed the analysis in light of the City's recent requirements and concur that the trip generation from this change in use will decrease the trip generation volumes for the project, resulting in minimal impact. 11. Access to the site is limited. Any drive approaches to the site from Stine Road shall be located on the northern portion of the parcel to allow for right turn deceleration lanes within the frontage. City Attorney 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. s o~0PK499 r .a O IRIGIN AL Exhibit A Mitigation Measures & Conditions of Approval GPA/ZC 10-0045 Page 5 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. DL\\ S:\GPAs\GPA 2nd 2010\10-0045\Admin SR\Exhibit A.doc Is; PKC9 v c; ~~~>a1NAl Exhibit B Zone Change Location Map ~ AKF9~ T m ' r ' )RIP!INAL a MOUNTAIN RIDGE DR 1 1i a ■ a ~ 0 N 0 S rn a STINE RR. 1A~j m a C ~I a~ . O r m n Z f N v n m O co y O cn m C ~ C U C G AKERS RD xi k ~o ~ ~'1Rf~14 Exhibit C Zone Change Legal Description r rl J C ORIGINA! LEGAL DESCRIPTION OF APN 514-020-09 CHANGING THE ZONING DESIGNATION OF AGRICULTURE (A) - COUNTY.OF KERN TO R-2 - PUD - CITY OF BAKERSFIELD THAT PARCEL OF LAND BEING A PORTION OF THE SOUTHWEST Y 40F SECTION 35, TOWNSHIP 30 SOUTH, RANGE 27 EAST, M.D.M., COUNTY OF KERN, STATE OF CALIFORNIA, ALSO BEING A PORTION OF LOT 24 IN SAID SECTION 35 ACCORDING TO "KERN COUNTY SALES MAP NO.1 OF LANDS OF J.B. HAGGIN" FILED FOR RECORD MAY 3, 1889 IN THE ONCE OF THE KERN COUNTY RECORDER, SAID LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MONUMENTED WEST % CORNER OF SAID SECTION 35, SAID CORNER ALSO BEING THE NORTHWEST CORNER OF SAID LOT 24 AND IS ALSO THE POINT OF INTERSECTION OF THE CENTERLINES OF McKEE ROAD AND STINE ROAD; THENCE S. 00°35'25" W. ALONG THE WEST LINE OF SAID LOT 24 AND SAID STINE ROAD CENTERLINE, 987.67 FEET; THENCE S. 89°04'14" E., 30.00 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF SAID STINE ROAD, SAID POINT ALSO BEING AN ANGLE POINT OF THE EXISTING CORPORATE BOUNDARY LINE OF THE CITY OF BAKERSFIELD AND IS THE POINT OF BEGINNING; (1) THENCE CONTINUING S. 89°04'14" E. ALONG SAID CORPORATE BOUNDARY LINE, 630.67 FEET TO A POINT ON THE EAST LINE OF SAID LOT 24, SAID POINT ALSO BEING AN ANGLE POINT IN SAID CORPORATE BOUNDARY LINE; (2) THENCE S. 00°34'35" W. ALONG THE EAST LINE OF SAID LOT 24 AND SAID CORPORATE BOUNDARY LANE, 330.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 24; (3) THENCE N. 89°04'14" W. ALONG THE SOUTHERLY LINE OF SAID LOT 24, 630.66 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF SAID STINE ROAD, SAID POINT ALSO BEING A POINT ON SAID CORPORATE BOUNDARY LINE; (4) THENCE N. 00°34'25" E. ALONG SAID EASTERLY RIGHT OF WAY LINE AND CORPORATE BOUNDARY LINE, 330.00 FEET TO THE POINT OF BEGINNING. CONTAINING 4.78 ACRES, MORE OR LESS t 3 31•- ~s C1V11, OF CAUFO~ O~ ~ AK~9J' y ~ ~ m r v p ORIGINA PANAMA SCHOOL DISTRICT ZONE CHANGE LEGAL DESCRIPTION THAT PARCEL OF LAND BEING A PORTION OF THE SOUTHWEST Y4 OF SECTION 35, TOWNSHIP 30 SOUTH, RANGE 27 EAST, M.D.M., COUNTY OF KERN, STATE OF CALIFORNIA, ALSO BEING A PORTION OF LOT 25 IN SAID SECTION 35 ACCORDING TO "KERN COUNTY SALES MAP NO. 1 OF LANDS OF J.B. HAGGIN" FILED FOR RECORD MAY 3, 1889 IN THE KERN COUNTY RECORDER'S OFFICE, SAID LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 35, SAID CORNER ALSO BEING THE SOUTHWEST CORNER OF SAID LOT 25 AND IS ALSO THE POINT OF INTERSECTION OF THE CENTERLINES OF STINE ROAD AND TAFT HIGHWAY (STATE ROUTE 119); THENCE N.00034'25"E. ALONG THE WEST LINE OF SAID LOT 25 AND SAID CENTERLINE OF STINE ROAD, 45.00 FEET; THENCE AT RIGHT ANGLES S.89025'35"E., 30.00 FEET TO A POINT OF INTERSECTION OF THE EASTERLY RIGHT OF WAY LINE OF SAID STINE ROAD AND THE NORTHERLY RIGHT OF WAY LINE OF SAID TAFT HIGHWAY, SAID POINT BEING THE POINT OF BEGINNING; THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE OF STINE ROAD THE FOLLOWING COURSES: N.00°34'25"E., 226.88 FEET; S.89103'31"E., 25.00 FEET; N.00°34'25"E., 675.01 FEET; N.89°03'31"W., 25.00 FEET; N.00°34'25"E., 370.59 FEET; THENCE S.89°04'14"E. ALONG THE NORTH LINE OF SAID LOT 25, 421.72 FEET; THENCE S.001134'35"W., 1109.06 FEET; THENCE N.89003'31"W., 243.70 FEET; THENCE S.00°56'29"W., 178.71 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF SAID TAFT HIGHWAY; THENCE N.89003'31"W. ALONG SAID NORTHERLY RIGHT OF WAY LINE, 81.64 FEET TO AN ANGLE POINT; THENCE N.79°59'57"W. ALONG SAID NORTHERLY RIGHT OF WAY LINE, 96.48 FEET TO THE POINT OF BEGINNING. CONTAINING 11.06 ACRES, MORE OR LESS gAK~c~N m O r1RSIGINAL AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) ss. County of Kern ) ROBERTA GAFFORD, 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 September, 2010 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4625, passed by the Bakersfield City Council at a meeting held on the 8th_day of September. 2010 and entitled: AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM A(AGRICULTURE) TO R- 2/PUD (LIMITED MULTIPLE FAMILY DWELLING/PLANNED UNIT DEVELOPMENT) ON 4.78 ACRES AND FROM A (AGRICULTURE) TO R-1 (ONE FAMILY DWELLING) ON 11.26 ACRES, LOCATED ALONG THE EAST SIDE OF STINE ROAD, GENERALLY BETWEEN MCKEE ROAD AND TAFT HIGHWAY (ZC NO 10-0045). ROBERTA GAFFORD City Clerk and Ex Officio of the Council of the City of Bakersfield SADOCUMENT\FORMSWOP.ORD.wpd By: 4Zd DDEPVTY City (clerk O~6aKF9~ r m r- n~i ~IftiAl