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Home My WebLink AboutORD NO 4847ORDINANCE NO. 41 . 847 AN ORDINANCE OF THE BAKERSFIELD CITY COUNCIL UPHOLDING THE APPEAL AND APPROVING AN AMENDMENT TO TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE TO CHANGE THE ZONE DISTRICT LOCATED AT THE NORTHWEST CORNER OF CASTRO LANE AND KINGSLEY LANE (GPA /ZC NO. 15. 0251). WHEREAS, McIntosh & Associates for Frank & Donna Delfino, filed an application with the City of Bakersfield Community Development Department requesting an amendment to the land use map designation of the Metropolitan Bakersfield General Plan from LR (Low Density Residential) to LMR (Low Medium Density Residential ) and to change the zone district from R -S (Residential Suburban) to R -2 (Limited Multiple Family Dwelling) on 4.96 acres located at the northwest corner of Castro Lane and Kingsley Lane (the "Project "); and WHEREAS, the Planning Commission held a public hearing on December 3, 2015 and approved Resolution No. 66 -15, which recommended that the City Council deny the Project; and WHEREAS, an appeal of the Planning Commission's decision was submitted on December 7, 2015 by McIntosh & Associates, the applicant; and WHEREAS, the City Council has adopted a Negative Declaration with mitigation measures for the Project; and WHEREAS, the applicant submitted a letter on January 20, 2016, withdrawing the general plan amendment request to LMR (Low Medium Density Residential) and revising the Zone change application to request a change to R -1 -4.5 (One Family Dwelling -4,500 sq. ft. minimum lot size) instead of the R -2; 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 City Council hereby upholds the applicant's appeal. 2. The Project is subject to mitigation measures found within the adopted Negative Declaration for the Project. AK Page 1 of 3 v ; CRIGNAL 3. The change to the zone district is hereby approved subject to conditions of approval in Exhibit "A" an 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. 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. I212121W.1173�11 Page 2 of 3 enHFq ORIGINAL, I 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 3 0 2016 by the following vote: ✓ ✓ ✓ ✓ / / ✓ COUNCILMEMBER: RIVERA, MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, PARLIER NOES'. COUNCILMEMBER: TVOV�2. ABSTAIN: COUNCILMEMBER: � ABSENT: COUNCILMEMBER: NOYX4. 1 ROBERTA GAFFORD, CM CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED MAR 3 0 2016 APPROVED as to form: VIRGINIA GENNARO City Attorney By: ANDREW HEGL D Deputy City Attorney Exhibits: A Conditions of Approval B Zone Change Map C Legal Description S: \GPAs \GPA 1st 2016\ 15 -0251 \Res Ord \CC approv \ZC ORD 15 -0251 approve docx Page 3 of 3 4 gnKFq o ,r ORIGI:J/�;. Exhibit A Conditions of Approval Zone Change No. 15 -0251 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 GPA /ZC area is submitted, than these conditions can be met with the map): a. Provide fully executed right of way dedication for Castrol Lane and Kingsley Lane to local standards for the full frontage of the area within the GPA request. 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 drainage study of the entire GPA/7C area, to be reviewed and approved by the City Engineer. 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 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 construction of any off site infrastructure required to support this development, as identified in these conditions. The phasing of the construction and all infrastructure will be addressed at the subdivision map stage. For orderly development. 2. 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. If the parcel is already within a consolidated maintenance district, the owner shall update the maintenance district documents, including the Proposition 218 ballot and the Covenant. The ballot and covenant shall be signed and notarized. For orderly development. 3. Per Resolution 035 -13, the area within the GPA /ZC shall implement and comply with the ,.complete streets" policy. For orderly development. 4. The development is required to pay into the adopted Regional Traffic Impact Fee fixed rate program. For orderly development. City Attorney: 5. 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 ?( k this application, including without limitation any CEQA approval or any related vs Page 1 of 2 c Conditions of Approval ZC 15 -0251 Page 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. DL:S: \GPAS \GPA 3th 2015 \15- 0251 \Conditions 15 -0251.doox �gAKF� o T Page 2 of 2> ORONI,L O V, Y, ! LLE SEVI SL O I 99 ro I '® WIBLE RD ! j a I N i u v I P �� lq SWVE9i ^' 17 nuEr P j m A ce11.x Lx $ ourirow v z ~ No b 0 �� b r•fi6Y_.._ C D jC I mI y srExxwsoR m Op A A N P j i Ap m c.TIR w m —1� m carxow j a I N Ip b N � y y A LOLH LGMOxS OR b �3 A !• N PuwnAS A £ IWIttSi £ LH b g PPICMASP ! y £ 5 L ,$ A CHPPEL pi A 1 i A b j A A jd �sga�g aa9 °�S�sA %�' 2 2 o - � zEg¢ ¢ 526 a pp g 4"1 a.�q s 6�G a 5 a Ss�iarsc sps o Y a ti DH6RC ZONE CHANGE LEGAL DESCRIPTION PItOPQ= ZONING: R.3 (FROM R.S) SONG Q PORTION OF WEST HHAIF OF THE SOUHNVEST QUARTER OF CCOUNN ml OF 10'.% STATE OF CAU RANOC EAST, FOU ft PORl6A, DESCRIBED AS FOLLOWS: LANE; lu:- 1) DEPARTING am CENT mm AND SAID EAST LNE, SOUTH 6rWWWWT. ALOM SADPROLONGATWN,THENDRIWFALY RIGHT -OP NAY LSE OF I(INGSLEYLANE. ADISTANCE OF 176.76 FEEPTHENCE 2) DEPARTING SAID NORTHERLY RlQHT OF4VAY LINE. NORTH 14'6070 WEST, A DNRANCE OF 06.00 FEET; THENCE 3) NORTH 4D' WWEET, ADISTANCEOF76MPEEPTHEME 4) NORTH 61-512r WST, A DISTANCE OF 198A FEEM THEME 6) NORTH31' 0690 "YVEST,Ad6TANCEOF776.66FEnTHEME 0) SOMOD- OMOEAST .AWSfANCEOF147.06FET;TH9M 7) NORTH 00 0733' EAST.A DISTANCE OF11MOTFEECTHEME 6) SOUTH WW34' EAST, A DISTANCE OF 30806 FEET TO THE CENTERUNE OF THE FAST UNE OOF THE WEB HALF POW F THE 60UTIMM QUARTER OF SAID SECTION; THENCE 0) SOUTH 0D'07'83' WEST, ALONG SAID CENTERL6E AND SAID EAST LSE, A DISTANCE OF 110.07 FEET TO THE OENrE RNE 6RER6ECTION OF CUM LINE AND LA FRANCE ORPM THENCE o"gAkF u, 0 Oq!c ZONE CHANGE LEGAL DESCRIPTION 10)9OURi 00'07"18• WEST. CONDNUING ALONG SAID CENTERLM AND SAID EAST LANE, A DISTANCE OF 486.68 FEET THE pOpNT Cp mwNMNG. CONTAINING 4.68 GNM ACRES, MORE OR LESS. CONTAINING 4.20 NErACRES. MORE OR LESS. V �` D tiv ' 8114344914-W 244M 1661AAAvdM0mA- 8dmmW CA IF" ,•, «n o`` yn KFq onicmin� 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 1sT day of April, 2016 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4647, passed by the Bakersfield City Council at a meeting held on the 30th day of March, 2016 and entitled: AN ORDINANCE OF THE BAKERSFIELD CITY COUNCIL UPHOLDING THE APPEAL AND APPROVING AN AMENDMENT TO TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE TO CHANGE THE ZONE DISTRICT LOCATED AT THE NORTHWEST CORNER OF CASTRO LANE AND KINGSLEY LANE (GPA/ZC NO 15- 0251). ROBERTA GAFFORD City Clerk and Ex Officio of the Council of the City of Bakersfield By DEPUTY City Clerk S \DOCUMENnFORMSV OP.ORD wpd