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Home My WebLink AboutORD NO 4767ORDINANCE NO. 4767 AN ORDINANCE OF THE BAKERSFIELD CITY COUNCIL APPROVING AN AMENDMENT TO TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE TO CHANGE THE ZONE DISTRICT LOCATED ALONG THE SOUTH SIDE OF SEVENTH STANDARD ROAD BETWEEN THE FUTURE ALLEN ROAD AND SHANE STREET. (ZC NO. 13- 0324). WHEREAS, McIntosh & Associates for Urban Land Advisors, LLC, filed an application with the City of Bakersfield Community Development Department requesting to change the zone district from A (Agriculture) to R -2 (Limited Multiple Family Dwelling) on the 21.33 acres and C -2 (Regional Commercial) on 10.45 acres located along the south side of Seventh Standard Road between the future Allen Road and Shane Street, as shown in attached Exhibit "A," (the "Project "); and WHEREAS, the Planning Commission held a public hearing on Thursday, December 19, 2013, and approved Resolution No. 67 -13, which recommended that the City Council approve the Project; and WHEREAS, the City Council has adopted a Negative Declaration with mitigation measures for the Project; and WHEREAS, the City Council considered all facts, testimony, and evidence concerning the Project, including the staff report, Negative Declaration and the Planning Commission's deliberation, and action; and WHEREAS, the Project is consistent with the Metropolitan Bakersfield General Plan. SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Bakersfield City Council as follows: 1. The Planning Commission's findings as contained in its Resolution No. 67 -13 are hereby adopted. 2. The Project is subject to mitigation measures found the adopted Negative Declaration for the Project. 3. The Project is hereby approved and incorporating the change into the official zoning map as described in Bakersfield Municipal Code Section 17.06.020 located on the map as shown in Exhibit A and as specifically described in Exhibit B, all of which are incorporated herein. Page 1 of 2 o``0AKF9� y � � m U O ORIGINAL. SECTION 2. This ordinance must be posted in accordance with the Bakersfield Municipal Code and will become effective not less than 30 days from and after the date of its passage. --- - - - - -- 000 --- - - - - -- HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting held on MAR 0 5 2014 by the following vote: AYE NOES: ABSTAIN: ABSENT: COUNCILMEMBERRIVERA, MAXW LL, WEIR, SMITH, HANSON, SULLIVAN, JOHNSON COUNCILMEMBER 1VOK01 COUNCILMEMBER NOC4- COUNCILMEMBER tkX%, 44 � a 4, ZWZJ ROBERTA GAFFORD, C CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED MAR 0 5 2014 HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City rney By: ANDREW HEGLUN Deputy City Attorney Exhibits: A Conditions of Approval B Zone Change Map C Legal Description BY: CG \ S: \ZoneChange \yr 2013 \13 - 0324 \Reno - Ord \CC ZC Ordinance 13- 0324.docx Page 2 of 2 o�eAKk9q s y- m � r v � ORIGINAL Exhibit A Conditions of Approval o�0AKF9.� U O ORIGINAL. Exhibit A Conditions of Approval Zone Change No. 13 -0324 Public Works 1. 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 (If a tentative subdivision map over the entire ZC area is submitted, than these conditions can be met with the map): a. Provide fully executed dedication for Seventh Standard Road to expressway standards per Council Policy Resolution No. 112 -07 and Shane Street to collector standards for the full frontage of the area within the ZC 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. This ZC area is too small to support its own storm drainage sump. The City will allow no more than one sump per 80 acres; therefore, this ZC area must be included within the drainage area of adjoining property. Submit a comprehensive drainage study of the entire drainage area, to be reviewed and approved by the City Engineer. The study shall show the development's proportionate share of the necessary ultimate storm drainage facilities. The developer shall participate in the development of a Planned Drainage Area, or shall provide some other method for the construction of the ultimate facilities satisfactory to the City Engineer. Any required retention site and necessary easements shall be dedicated to the City. c. The GPA /ZC area is within the service area of the North of the River Sanitary District No. 1. Sewer service must conform to the NORSD's adopted sewer study and construction of sewer lines shall be per NORSD's requirements. All trench backfill and paving within the public right of way shall require a City of Bakersfield Open Street Permit and be per the City of Bakersfield adopted standard. d. Developer is responsible for the construction of all infrastructure, both public and private, within the boundary of the 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 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. For orderly development. 2. Access to the site from Seventh Standard Road is restricted per Council Policy Resolution No. 112-07. Access to Seventh Standard is allowed at arterial and collector intersections only - in this case, Shane Street. However, additional access to commercial property may be permitted with the construction of a fourth auxiliary access lane along the commercial area with right in and right out access only to Seventh Standard Road. For orderly development. 3. The entire area covered by this Zone Change shall be included in the Consolidatto(F Maintenance District. The applicant shall pay all fees for inclusion in the Consolidofed 9ZP, > m � r Page 1 of 3 ORIGINAL EXHIBIT A Conditions of Approval ZC No. 13 -0324 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 ZC area. For orderly development. 4. Payment of the proportionate share of the cost of the median for the arterial frontage of the property within the ZC request is required prior to recordation of any map or approval of any improvement plan for the ZC area. For orderly development. 5. The development is required to pay into the adopted Regional Traffic Impact Fee fixed rate program. For orderly development. 6. Pay the proportionate share of the following mitigation measures (not paid for by the Regional Transportation Impact Fee nor included with normal development improvements) as indicated in list of mitigation measures from the traffic study in Table 6 and Table 7. An updated estimate, based upon current costs, and fee schedule shall be developed by the applicant and approved prior to recordation of a map or issuance of a building permit. Proportionate shares from the study as follows: a. Zerker Rd. and Seventh Standard Rd., Add 2 SBL, 1.98% share b. Allen Rd. and Snow Rd., Add 2 NBL, 1 NBL, 1 SBL, 1 SBR, 5.96% share c. Snow Rd.: Allen Rd. - Calloway Dr., Add 1 Lane, 1.95% share Notes: NB - north bound, SB - south bound, WB - west bound, EB - east bound L - Left turn lane, T - Through lane, R - Right turn lane For orderly development. 7. Prior to the issuance of building permits, the project applicant shall participate in the RTIF program by paying the adopted commercial and residential unit fees in place for the various land use types at time of development. For orderly development. Planning 8. The applicant shall: a. Notify the mineral owner(s) of any and all development plans including sewer plans, grading plans etc., approved for the project area and evidence shall be submitted to the City Community Development Department; proof of notification shall be provided via return receipt from US Postal Service. b. Notify the mineral owner(s) of any and all tract /parcel maps submitted to the City Community Development Department. The tract /parcel maps shall show the existing locations of petroleum pipelines, wells and all attendant facilities within F project area, pursuant to 15.66.080 of the Bakersfield Municipal Code. Specifi► ally �s; 1 r r Page 2 of 3 ORIGINAL Cr EXHIBIT A Conditions of Approval ZC No. 13 -0324 for tentative maps, the information shown shall be pursuant to Bakersfield Municipal Code 16.16.030. c. Provide a written or graphical plan to the City Community Development Department during the early stages of the development process that demonstrates how all existing petroleum related facilities will be protected and integrated into the proposed development including location of new pipeline corridors pursuant to Bakersfield Municipal Code 15.66.080. For orderly development. 9. As part of the Site Plan Review and /or Subdivision application, the applicant will include a perimeter street around the commercial use on the project site so to enhance pedestrian and vehicular access from adjacent residential neighborhoods. For orderly development. City Attornev 10. 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 and 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 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. CG: S: \ZoneChange \Yr 2013\ 1 3-0324\Conditions Ex A.docx Page 3 of 3 o�` 0 P, K,6;9 s � r v o ORIGINAL Exhibit B Zone Change Location Map �g AKk,q o -e > m � r v ° ORIGINAL qt N M O M T rW V Z 2 U W Z O N U 0 ORIGINAL Exhibit C Zone Change Legal Description o�gAKF,9� s v o ORIGINAL ZONE CHANGE LEGAL DESCRIPTION BEING THOSE PORTIONS OF PARCEL 1 OF PARCEL MAP NO. 11953 FILED JANUARY 18, 2012 IN BOOK 58 OF PARCEL MAPS AT PAGES 172 THROUGH 174, IN THE OFFICE OF THE KERN COUNTY RECORDER; ALSO BEING THOSE PORTIONS OF THE NORTHWEST QUARTER OF SECTION 1, TOWNSHIP 29 SOUTH, RANGE 26 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE UNINCORPORATED AREA OF THE COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PROPOSED R -2 AREA (FROM A) COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION, THENCE NORTH 89 °57'20" EAST, ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 1,208.47 FEET TO THE POINT OF BEGINNING, SAID POINT ALSO BEING THE NORTHWEST CORNER OF SAID PARCEL 1; THENCE ALONG THE FOLLOWING SIX (6) COURSES: 1) NORTH 89 °57'20" EAST, CONTINUING ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER AND ALONG THE NORTHERLY LINE OF SAID PARCEL, A DISTANCE OF 624.19 FEET; THENCE 2) DEPARTING SAID NORTH AND NORTHERLY LINES, SOUTH 00 °02'40" EAST, A DISTANCE OF 567.94 FEET; THENCE 3) NORTH 89 °51'42" EAST, A DISTANCE OF 802.93 FEET TO THE EASTERLY LINE OF SAID PARCEL; THENCE 4) SOUTH 00 °10'20" EAST, ALONG SAID EASTERLY LINE, A DISTANCE OF 404.34 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL; THENCE 5) SOUTH 89 °57'36" WEST, ALONG THE SOUTHERLY LINE OF SAID PARCEL, A DISTANCE OF 1,425.47 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL; THENCE 6) NORTH 00 °11'42" WEST, ALONG THE WESTERLY LINE OF SAID PARCEL, A DISTANCE OF 970.86 FEET TO THE POINT OF BEGINNING. CONTAINING 21.33 GROSS ACRES, MORE OR LESS. AK,69 s P:\PROJECTS\ 13052. 00- ULA7TH- 3\LEGALS \13052ZC.DOCX U O ORIGINAL ZONE CHANGE LEGAL DESCRIPTION PROPOSED C -2 AREA (FROM A) COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION, THENCE NORTH 89 °57'20" EAST, ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 1,832.66 FEET TO THE POINT OF BEGINNING, SAID POINT ALSO BEING ON THE NORTHERLY LINE OF SAID PARCEL 1; THENCE ALONG THE FOLLOWING FOUR (4) COURSES: 1) NORTH 89 °57'20" EAST, CONTINUING ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER AND THE NORTHERLY LINE OF SAID PARCEL, A DISTANCE OF 801.67 FEET TO THE NORTHEAST CORNER OF SAID PARCEL; THENCE 2) SOUTH 00 010'20" EAST, ALONG THE EASTERLY LINE OF SAID PARCEL, A DISTANCE OF 566.62 FEET; THENCE 3) DEPARTING SAID EASTERLY LINE, SOUTH 89 °51'42" WEST, A DISTANCE OF 802.93 FEET; THENCE 4) NORTH 00 °02'40" WEST, A DISTANCE OF 567.94 FEET TO THE POINT OF BEGINNING. CONTAINING 10.45 GROSS ACRES, MORE OR LESS. rA m ND Y L M JEFFREY L. 91mTIN L.S. 5798 EXPIRES 6 -30 -14 M &AssocWES 661 - 834 -4814 • 661 - 834 -0972 2001 Wheelan Court - Bakersfield, CA 93309 01 -hp) - \3 DATE P:\ PROJECTS\ 13052. 00- ULA7TH- 3\LEGALS \13052ZC.DOCX EXP %.k LS 5798 .1 �0AKF9 > m � r J C7 ORIGINAL. 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 7th day of March, 2014 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4767, passed by the Bakersfield City Council at a meeting held on the 5th day of March, 2014 and entitled: AN ORDINANCE OF THE BAKERSFIELD CITY COUNCIL APPROVING AN AMENDMENT TO TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE TO CHANGE THE ZONE DISTRICT LOCATED ALONG THE SOUTH SIDE OF SEVENTH STANDARD ROAD BETWEEN THE FUTURE ALLEN ROAD AND SHANE STREET. (ZC NO. 13- 0324). ROBERTA GAFFORD City Clerk and Ex Officio of the Council of the City of Bakersfield By: DEP City Jerk &L-Q-�4 SADOCUMEN'RFORMSWOP.ORD.wpd s V O ORIGINAL_