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Home My WebLink AboutORD 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. 0PKF 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: / ✓ ✓ ✓ ✓ ✓ AVE' COUNCILMEMBER: RIVERA. GONZALES, WEIR, SMITH, TKAC, SULLIVAN, EARLIER NOES: COUNCILMEMBER: NOf \4 ABSTAIN: COUNCILMEMBER:— �VG!`d_ ABSENT: COUNCILMEMBER: o /T/� ✓� 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 NgAKFT o 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. oFe�'KF9 n � o 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. S, "DC' VonsChange\Yr 2016 \I6 - 0066 \EXHIBIT A Conditions of Aproval I60066docx o��xK�9T m v 0 OFIGINAL ORIGINAL Exhibit C EXNW-oNr Qt -, , z ,� -. . THENORM Im FERFOF7M BMTxDFFETOFTN wEgT WLF OF THE61STHALFOF THE SOUDf1 W QUARTER OF SE0, % TONHNHF i SOU1K RAN= D EASE, MOLUT DMSLD MMUMR, N 7M CMRM OF WAK STAR OF CAL MMK ACCORDND TO TW OFFOMW PUT OF TLE SURVEY OF SMD LAND, ON RU.E N THE BVMW OF LAND MAMAQFAwT. � n 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 S DOCUMENTFORMSWOP. ORD.wpd