HomeMy WebLinkAboutORD NO 4880ORDINANCE NO. 4 8 8 0
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 NORRIS ROAD, GENERALLY EAST OF CALLOWAY DRIVE. (GPA /ZC
NO. 16- 0066).
WHEREAS, Smith Efada, the property owner, filed an application with the City of
Bakersfield Community Development Department requesting to change the zone district from
R -S -SA (Residential- Suburban -5 acre minimum lot size) to R -1 (One Family Dwelling) on
approximately one acres located along the south side of Norris Road, generally east of
Calloway Drive (the "Project "); and
WHEREAS, the Planning Commission held a public hearing on September 1, 2016, and
approved Resolution No. 37 -16, which recommended that the City Council approve the
Project; and
WHEREAS, the Project is exempt from the requirements of the California Environmental
Quality Act; and
WHEREAS, the City Council considered all facts, testimony, and evidence concerning
the Project, including the staff report 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 above recitals, incorporated herein, are true and correct.
2. The Planning Commission's findings as contained in its Resolution No. 37 -16 are
hereby adopted.
3. The Project is exempt from the requirements of California Environmental Quality
Act (CEQA), pursuant to Section 15061 (b) (3).
4. 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 B and as specifically described in Exhibit
C, all of which are incorporated herein.
5. Such zone change is hereby made subject to the conditions of approval listed
in attached Exhibit A.
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.
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Page 1 of 2
ORIGINAL
HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the
Council of the City of Bakersfield at a regular meeting held on DEC 14 1016 _by
the following vote:
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AVE' COUNCILMEMBER: RIVERA. GONZALES, WEIR, SMITH, TKAC, SULLIVAN, EARLIER
NOES: COUNCILMEMBER: NOf \4
ABSTAIN: COUNCILMEMBER:— �VG!`d_
ABSENT: COUNCILMEMBER: o
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ROBERTA GAFFORD, CM
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED DEC 14
HARVEY L. HALL I
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City At}or y
By:
ANDREW HEGLUND
Deputy City Attorney
Exhibits: A Conditions of Approval
B Zone Change Map
C Legal Description
By:DL \S: \ZoneChange \y 2016 \16-0066 \Ord Res \CC ZC 1 6-0066 docx
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Page 2 of 2 6
ORIGINAL
EXHIBIT A
Conditions of Approval
Zone Change No. 16.0066
Public Works:
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 of 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 Norris Road to arterial standards and for
Forest Park Street to local 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. Construction of these roads is
required with further development of the ZC area - i.e. further subdivision
b. This GPA /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 GPA /ZC area must
be included within the drainage area of adjoining property. The Riverlakes
Ranch drainage area is immediately adjacent to this property on three sides.
Submit a revision to the Riverlakes Ranch drainage study, to be reviewed and
approved by the City Engineer. The study shall show all changes to the existing
storm drainage system that may be required as a result of adding the ZC area to
the Riverlakes Ranch storm drain system. The developer shall be responsible for
the construction, modification or expansion of the Riverlakes Ranch storm water
system as determined by the revised drainage study.
C. Sewer service must be provided to the ZC area. This project is within the North of
River Sanitary District No. 1. Three sewer laterals were provided to Lot 'A' of Tract
6050 -1 (APN 494- 641 -21) in anticipation of the development of this parcel. A
merger and resubdivision must be performed on both 494 - 641 -21 and 494 - 350-48
before sewer can be considered available for the ZC area.
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. The entire area covered by this Zone Change shall be included in the Consolidated
Maintenance District. The applicant shall pay all fees and submit all documents 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.
For orderly development.
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ORIGINAL
Zone Change No. 16 -0066
Conditions of Approval
Page 2
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.
Planning:
5. With submittal of any development plan or subdivision action, the developer shall
provide written documentation from the appropriate water purveyor that they will or
have agreed to provide domestic water service to the property. This documentation
must be signed by the water purveyor and on their official letterhead.
For orderly development
6. The developer is required to pay park development fees and Quimby fees for impacts to
park and recreation services. These fees will be required at such time as new
development occurs and with issuance of any building permits.
Condition requested by North of River Recreation and Parks District.
City Attorney:
6. 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.
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OFIGINAL
ORIGINAL
Exhibit C
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0R G"NAL
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 16th day of December. 2016 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4880, passed by the
Bakersfield City Council at a meeting held on the 14th day of December, 2016 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 NORRIS ROAD, GENERALLY EAST OF CALLOWAY
DRIVE. (GPA/ZC NO. 16- 0066).
ROBERTA GAFFORD
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By:oful
DEPUTY City Clerk
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