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Home My WebLink AboutORD NO 4884ORDINANCE NO. 4 8 8 4 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 ROSEDALE HIGHWAY, APPROXIMATELY 500 FEET WEST OF PATTON WAY. (GPA /ZC NO. 16- 0232). WHEREAS, Porter & Associates, Inc., for ThuHoo Thi Nguyen and Mau Thanh Vu (property owners), filed an application with the City of Bakersfield Community Development Department requesting to change the zone district from City A (Agriculture) to City M -2 (General Manufacturing) on approximately 1.15 acres located along the south side of Rosedale Highway, approximately 500 feet west of Patton Way (the "Project "); and WHEREAS, The Planning Commission held a public hearing on September 1, 2016, and approved Resolution No. 38-16, 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. 38 -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 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. ------ 00o- ----- -- 6aHF 9 o�` s m Page 1 of 2 � 6 ORIGiNNL 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 2D'I6 _by the following vote: ✓ ✓ ✓ ✓ ✓ ✓ AYE COUNCILMEMBER'. RIVERq,3G\O�ALES. WEIR, SMITH, TKAC, SULLIVAN, PARLIER O COUNCILMEMBER'. 11�� ABSTAIN IN: COUNCILMEMBER: wcf\( ABSENT: COUNCILMEMBER: NCn[_, ROBERTA GAFFORD, C C' CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED DEC 14 2016 HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Aitor y By: LX ANDREW HEGLUND Deputy City Attorney Exhibits: A Conditions of Approval B Zone Change Map C Legal Description By: DL\ 5: \ZoneChange \yr 2016 \I6 -0232 \CC ZC Ord 16 -0232,docx of 6 AKFq Page 2 of 2 - 0 EXHIBIT A Conditions of Approval Zone Change No. 16 -0232 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 (If a tentative subdivision map over the entire GPA /ZC area is submitted, than these conditions can be met with the map): a. Any onsite sump within the ZC area is to be private and privately maintained. No more than one sump may be utilized to serve this area; this sump should be located so that it may be available to serve adjacent areas as they develop. b. Sewer service must be provided to the ZC area when service becomes available and the site is annexed to the City. Sewer is defined as unavailable per Bakersfield Municipal Code Section 15.09.070; more particularly, when it is more than 1,000 feet away from the nearest property line. Upon that time the developer shall be responsible for the initial extension of the sewer line to serve the property and sewer connection fees. This sewer line must necessarily be sized to serve a much larger area than 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. c. 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. For orderly development. 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 ZC 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 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. �6AYF� V O ORIGINAL Conditions of Approval Zone Change No. 16 -0232 Page 2 CRY 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 orjudicial 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. DL \S: \ZoneChange \yr 2016\ 16- 0232 \EXHIBIT A conditions.docx g ANF9 v o ORIGINAL O V gss :js aF z EE[ p€ € wy F4pE 9= FaE! "aESE SEE€ p is 2 EY Y YS Min �ql m yaF$ ��Bz SNgl1 €sg5d� Es ;$•�5�! s §a.kq�.ss�$ry.00�e l3as €l. F`36 F : & F s ": °7 ° °a Fi33��S °r iSi:.eass��ise:st is wyA LL va nXwq 3AV 3JYIVtl i � 'J1MM ll3 "l9 6i 31V llX 4MVJ 3AY AM9MR MIONWyA Nl'JWWyA f ¢ O Z Q N AYMA7 a Off 3 N 0 w a a w w O¢ I z of I ¢ 1 1 � 1 1 1 _ ............ wii.erili �� .1 1 ¢ h s E 1 F J ORIGINAL. EXHIBIT C PROPOSED ZONE CHANGE (A.P.N. NO. 36SR% -14) PROPOSED M -2 PARCEL THAT PORTION OF LAND AS DESCRIBED M GRANT DEED FROM TROY F. MARSH AND CLAUDIA MARSH, HUSBAND AND WIFE GRANTING TO THUHOA THI NGUYEN AND MAU THANH VU, HUSBAND AND WIFE RECORDED JULY 24, 2007 AS DOCUMENT NO. 02D7153126 OF OFFICIAL RECORDS IN THE OFFICE OF THE KERN COUNTY RECORDER, ALSO BEING SITUATED IN THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 29 SOUTH, RANGE 27 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE UNINCORPORATED AREA OF THE COUNTY OF KERN, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 29, ALSO BEING THE CENTERLINE INTERSECTION OF ROSEDALE HIGH WAY (STATE RTE VI-KER -59) AND PATTON WAY (COUNTY ROAD NO. 12698 2964), SAID POINT BEING A MONUMEN7ED SECTION CORNER CALCULATED FROM RECORD OF SURVEY FILED IN BOOK 15 OF RECORD OF SURVEYS AT PAGE 105 IN THE OFFICE OF THE KERN COUNTY RECORDER TO BE 2,327563.9217 FEET NORTH AND 6,238,756.8163 FEET EAST, PER CALIFORNIA STATE PLANE COORDINATE SYSTEM (N.AD. 83). ZONE 5; THENCE ALONG THE NORTH LINE OF SAID SECTION 28, NORTH 8746'45" WEST, A DISTANCE OF 384.46 FEET TO THE POINT OF BEGINNING; THENCE (1) NORTH 00°13'56" EAST, A DISTANCE OF SOAO FEET TO A POINT LYING ALONG THE NORTHERLY RIGHT -OF -WAY LINE OF SAID ROSEDALE HIGHWAY; THENCE (2) NORTH 3746'35" WEST ALONG SAID NORTH RIGHT -OF -WAY LINE AND ALONG A LINE LYING 80.00 FEET NORTHERLY AND PARALLEL TO SAID NORTH LINE OF SECTION 29, A DISTANCE OF 67.43 FEET, TO THE NORTHEAST CORNER OF ANNEXATION No. 413; THENCE ALONG THE EAST LINE OF SAID ANNEXATION NO. 413 BOUNDARY (ALSO BEING THE WEST LINE OF A.P.N. NO. 369-MO-14), THE FOLLOWING 5 COURSES: THENCE (3) SOUTH 00°13'56" WEST, A DISTANCE OF 205.00 FEET; THENCE (4) SOUTH 8746'45" EAST, A DISTANCE OF 5.89 FEET; THENCE (5) SOUTH 0013'56" WEST, A DISTANCE OF 10.00 FEET; THENCE (6) NORTH 8746'45' WEST, A DISTANCE OF 5.89 FEET; THENCE(7) SOUTH 00-13'56' WEST, A DISTANCE OF 525.82 FEET TO THE SOUTHEAST CORNER OF SAID ANNEXATION No. 413; THENCE (8) SOUTH 8746'45' EAST ALONG THE SOUTH LINE OF SAID A.P.N. NO. 368-060-14, A DISTANCE OF 67.43 FEET; THENCE (9) NORTH 0013'56" EAST, ALONG THE EAST LINE OF SAID A.P.N. NO. 369-060-14, A DISTANCE OF 660.82 FEET TO THE POINT OF BEGINNING CONTAINING 1.15 ACRES 1� aaKFe v v 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 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. 4884, 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 ROSEDALE HIGHWAY, APPROXIMATELY 500 FEET WEST OF PATTON WAY. (GPA/ZC NO. 16 -0232) ROBERTA GAFFORD City Clerk and Ex Officio of the Council of the City of Bakersfield By: DEPUTY City Jerk S OOCUMENTFORMSV OP.ORD.wpd