HomeMy WebLinkAboutORD NO 4886ORDINANCE NO. Q 8 8 6
AN ORDINANCE OF THE BAKERSFIELD CITY COUNCIL
APPROVING AN AMENDMENT TO TITLE 17 OF THE BAKERSFIELD
MUNICIPAL CODE TO CHANGE THE ZONE DISTRICT LOCATED
AT THE NORTHEAST CORNER OF EAST PANAMA LANE AND
FUTURE SPARKS STREET. (ZC NO. 16- 0197).
WHEREAS, East Panama Lane LLC, filed an application with the City of Bakersfield
Community Development Department requesting on amendment to Title 17 of the
Bakersfield Municipal Code to change the Zone District from R -1 One- Family Dwelling)
zone to R -2 Limited Multi - Family Dwelling) on 14.61 acres located at the northeast
corner of East Panama Lane and future Sparks Street, as shown on attached Exhibit
"A," (the "Project "); and
WHEREAS, the Planning Commission held a public hearing on October 6, 2016,
and approved Resolution No. 49 -16, 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, on December 14, 2016, the second reading for Zone Change No. 16-
0197 did not include conditions of approval recommended by the Planning
Commission, and was inadvertently left off; and
WHEREAS, second reading of Ordinance No. 4881 is hereby rescinded; and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 above recitals, incorporated herein, are true and correct.
2. The Planning Commission's findings as contained in its Resolution No. 49 -16
are hereby adopted.
3. The Project is subject to mitigation measures found in the adopted
Negative Declaration for the Project.
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ORIGINAL
Ordinance No. 4881 is rescinded.
The Project is hereby approved, subject to conditions of approval shown
in Exhibit A, 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.
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 - - - --
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 JAN 7 5 7017 ,
by the following vote:
✓ ✓ ✓ ✓ ✓
AYES COUNCILMEMBER: RIVERRA, GONZALES, WEIR, SMITH, SULLIVAN, PARLIER
S COUNCILMEMBER: NO 02
ABSTAIN: COUNCILMEMBER. O rte.
ABSENT' COUNCILMEMBER: \n ti�
APPROVED JAN 2 5 2017
J
KAREN GOH
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
PAMELA MCCARTHY, MMC
INTERIM CITY CLERK and Ex Offi io Clerk of the
Council of the City of Bakersfield
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ORIGINAL
By:
AND EW HEGLUND
Deputy City Attorney
Exhibits: A Conditions of Approval
B Zone Change Map
C Legal Description
By: jeng \5: \ZoneChange \y 2016 \160197\CC \CCOrd \2nd Read \16 -0197 CC ZC Ordinance.docx
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ORIGINAL
EXHIBIT A
CONDITIONS OF APPROVAL
ZONE CHANGE 16.0197
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 ZC area is submitted, than these
conditions can be met with the map):
a. Provide fully executed dedication for E. Panama Lane to arterial standards and
Sparks Street to collector standards for the full frontage of the area within the Zone
Change (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 has been approved as part of the approved Drainage Study for Tract
6865 and Tract 7029 per Drainage Study approval letter dated December 22, 2015.
Any changes to the approved drainage study would be required to submit a revised
drainage study to be reviewed and approved by the City Engineer.
c. Sewer service must be provided to the ZC area per the approved sewer study. The
developer shall be responsible for the initial extension of the sewer line to serve the
property. This ZC area has been approved for 140 multifamily units; per Sewer
Capacity Letter for Tracts 7029 and 6865 dated December 29, 2015. Also per said
letter "project will upsize the pumps per manufacturer's recommendations and the
last 60 -70 feet of sewer pipe to the lift station from Madison Street will be upsized from
10" to 12" sewer pipe ".
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 or site plan
review stage.
2. The entire area covered by this ZC 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.
3. 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.
4. Per Resolution 035 -13, the area within the ZC shall implement and comply with the
"complete streets" policy.
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ORIGINAL
Exhibit "A"
Zone Change 16 -0197
Page 2 of 3
5. The Panama Lane crossing of the Kern Island Central Branch Canal needs widening.
Developer shall pay their proportionate share of the cost and shall aid in the formation of a
Major Bridge and Thoroughfare District for the widening of the crossings prior to the
recording of the first final map that includes the ZC area or prior to the approval of a site
plan for the ZC area.
6. With the issuance of the first building permit within the ZC area the developer will be
required to pay the Panama and Union Planned Sewer Area Fee. See Resolution 083 -07(1)
for per acre rate.
7. Those conditions approved by the Planning Commission for Tentative Tract 7029 or any
approved revision pertaining to the ZC area will be required with any development within
the ZC area.
8. The development is required to pay into the adopted Regional Traffic Impact Fee fixed
rate program.
CITY ATTORNEY
9. 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.
PLANNING
10. Prior to issuance of a building permit, the applicant /developer shall submit and obtain an
approval of a substantial conformance review from the Planning Director for VTTM 7029.
Orderly development.
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ORIGINAL
Exhibit "A"
Zone Change 16 -0197
Page 3 of 3
11. Vesting rights associated with Vesting Tentative Tract Map 7029 are voided within zone
change area of File No. 16 -0197.
Orderly development.
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ORIGINAL
EXHIBIT C
Zone Change 16.0197
LEGAL DESCRIPTION OF
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All that portion of Parcel 3 of Parcel Map No. 11250, recorded in Parcel Map
Book 55 at Pages 102 & 103 in the Office of the Kern County Recorder, more
particularly described as follows:
Beginning at the Southwest corner of said Parcel: thence along the Southerly
and Easterly boundary thereof: S89 031'28 "E, 969.58 feet and N3 041'25 "E,
636.00 feet; thence N89 031'28 "W, 803.00 feet; thence N51 041'18 "W, 92.29
feet; thence N89 034'47 "W, 130.02 feet to a point on the West line of said
Parcel; thence S0 025'13 "W along said West line, 691.48 feet to the Point of
Beginning.
Containing 14.61 acres, more or less.
Date: April 1, 2016
DELMARTER AND ASSOCIATES
mes K. Delmarter
CE #17564
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ORIGINAL
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern )
PAMELA McCARTHY, 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 27th day of January. 2017 she posted on the Bulletin Board at City Hall,
a full, true and correct copy of the following: Ordinance No. 4886, passed by the
Bakersfield City Council at a meeting held on the 25th day of January , 2017 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 AT THE
NORTHEAST CORNER OF EAST PANAMA LANE AND FUTURE
SPARKS STREET. (ZC NO 16- 0197).
PAMELA A. MCCARTHY
Interim City Clerk and Ex Officio of the
Council of the City of Bakersfield
By:
DEP )JTY CitKCIerk
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