HomeMy WebLinkAboutORD NO 4933ORDINANCE NO. 4 9 3 3
AN ORDINANCE OF THE BAKERSFIELD CITY COUNCIL
APPROVING AN AMENDMENT TO TITLE 17 OF THE BAKERSFIELD
MUNICIPAL CODE TO CHANGE THE ZONE DISTRICT LOCATED
LOCATED GENERALLY NORTH OF SNOW ROAD ALONG THE
EASTSIDE OF VERDUGO LANE (ZC NO. 17-0072).
WHEREAS, Norris School District (NSD), the property owner, filed an application
with the City of Bakersfield Community Development Department requesting to
change the zone district from County A (Exclusive Agriculture) to City E (Estate) on 8.98
acres of a greater 16.28 -acre site located generally north of Snow Road along the
eastside of Verdugo Lane, as shown in attached Exhibits "A" and "B" (the "Project');
and
WHEREAS, the Planning Commission held a public hearing on February March 1,
2018, and approved Resolution No. 21-18, which recommended that the City Council
approve the Project, including Conditions of Approval contained in Exhibit "C"; 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 vdth 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. 21-18
are hereby adopted, including Conditions of Approval (see Exhibit C).
3. 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 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.
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HEREBY CERTIFY that the foregoing Ordinance was passed andadppted by the
Council of the City of Bakersfield at a regular meeting held on
by the following vote:
✓ ✓ /
AYES: COUNCILMEMBER:
GONZALES, WEIR, SA%TN, FREEMAN, SULLIVAN, PARLIER
NOES: COUNCILMEMBER: Ate
ABSTAIN: COUNCILMEMBER:
_
ABSENT: COUNCILMEMBER:
CHRISTOPHER RR Y,
ACTING CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
APPROVED
J
KAREN GOH
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By:
RICHARD ICER
Deputy City Attorney
Exhibits: A Zone Change Map
B Legal Description
C Conditions of Approval
By: SE\S:\ZoneChange\yr 2017\I7-W72(Norris School)\CC\ I of Reading\ZC 17-0 42_CC ZC Ordinance.docx
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Exhibit "B"
ZONECHANGE
LEGAL DESCRIPTION
BEING A PORTION OF PARCEL 4 OF LOT LINE ADJUSTMENT NO. 21-95 PER
CERTIFICATE OF COMPLIANCE RECORDED OCTOBER 26, 1998 AS DOCUMENT NO.
0198146341, OFFICIAL RECORDS, IN THE OFFICE OF THE KERN COUNTY
RECORDER; ALSO BEING A PORTION OF THE NORTH HALF OF THE SOUTHEAST
QUARTER OF SECTION 6, TOWNSHIP 29 SOUTH, RANGE 27 EAST, MOUNT DIABLO
BASE AND MERIDIAN, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 6 MARKED BY
A KERN COUNTY SURVEYOR'S CONCRETE MONUMENT IN A LAMPHOLE PER
TRACT NO. 6480 FILED FOR RECORD IN BOOK 57 OF MAPS, AT PAGES 122
THROUGH 124, IN THE OFFICE OF THE KERN COUNTY RECORDER, SAID POINT
ALSO BEING THE CENTERLINE INTERSECTION OF SNOW ROAD AND VERDUGO
LANE; THENCE NORTH 00°59'16" EAST, ALONG THE WEST LINE OF SAID
SOUTHEAST QUARTER AND THE CENTERLINE OF VERDUGO LANE, A DISTANCE
OF 1,320.42 FEET TO THE SOUTH LINE OF THE NORTH HALF OF SAID SOUTHEAST
QUARTER, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF SAID PARCEL
4 AND THE POINT OF BEGINNING; THENCE ALONG THE FOLLOWING COURSES:
1) NORTH 00°59'16" EAST, CONTINUING ALONG SAID WEST LINE, SAID
CENTERLINE, AND THE WESTERLY LINE OF SAID PARCEL 4, A DISTANCE
OF 349.35 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 4;
THENCE
2) DEPARTING SAID CENTERLINE AND SAID WEST LINE, SOUTH 89°51'07"
EAST, ALONG THE NORTHERLY LINE OF SAID PARCEL, A DISTANCE OF
1,116.57 FEET; THENCE
3) DEPARTING SAID NORTHERLY LINE, SOUTH 00°08'47" WEST, A
DISTANCE OF 349.28 FEET TO THE SOUTHERLY LINE OF SAID PARCEL 4
AND TO THE SOUTH LINE OF THE NORTH HALF OF SAID SOUTHEAST
QUARTER; THENCE
4) N0RTH 89-51-13" WEST, ALONG SAID SOUTH LINE AND SAID SOUTHERLY
LINE, A DISTANCE OF 1,121.70 FEET TO THE POINT OF BEGINNING.
CONTAINING 8.97 ACRES, MORE OR LESS.
MCINTOSH
881-834-0814 • 651-8340972
2001 Wheelen Court • Bakersfield, CA 93309
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BBI -8344814 • e61 -8J340972
M01 Whealan Court • Bakersfield, CA 83909
Done by: MVW
Job No: 16-040,01
... »+»rr.».... . r...ru...w«r+»r++»r+»+++....... ...ur.....«uauuu«««
Name: ZONE CHANGE
North: 2344915.4695' East 6228321.4829'
Segment at : Line
Course: N00°59'16'E Length: 349.35'
North: 2345264.7676' East 6228327.5053'
Segment N2 : Line
Course: 589°51'07"E Length: 1316.57'
North: 2345261.8823' East: 6229444.0716'
Segment k3: Line
Course: SOP08'47'W Length: 349.28'
North: 2344912.6035' East: 6229443.1792'
Segment 44 Line
Course: N89'51'13"W Length: 1121.70'
North: 2344915.4694' East: 6228321.4829'
Perimeter2936.89' Area:3W905.53Sq.Ft
Error Closure: 0.0001 Course:So8°22'50"E
Error North: -0.00015 East 0.00002
Precision 1:29369000.00
Name: TIE TO ZONE CHANGE
North: 2344915.4695' East 6228321.4829'
Segment Ill : Line
Course: 589.51'13"E Length: 1121.70'
North: 2344912.6036' East: 6229443.1792'
Segment #2 : Line
Course: 540.58'58"W Length: 1745.06'
North: 2343595.2460' East: 6228298.7128'
Segment 43 : Line
Course: N00.59'16"E Length: 1320.42'
North: 2344915.4698' East: 6228321.4756'
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ZONE CHANGE
DATE: 04/19/17
Perimeter 4187.18' Area: 740477]1 Sq. Ft.
Error Closure: 0.0072 Course: N87 -34'19"W
Error North: 0.00031 East: -0.00723
Precision 1:$81$$2.78
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ORIGINAL
EXHI BIT C
CONDITIONS OF APPROVAL
ZONE CHANGE 17-0072
;iRlILila"MO N!
1. Along with the submittal of any permit or plan approval, or with the application for a lot line
adjustment a parcel merger, the following shall occur (If a tentative subdivision map over
the entire ZC area is submitted, these conditions can be met with the map):
a. Provide fully executed dedication for Verdugo Lane to collector standards for the full
frontage of the area within the ZC request and the adjacent Norris School District
property to the north APN 492-090-59j. Dedications may 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. For orderly
development.
b. Submit a comprehensive drainage study to be reviewed and approved by the City
Engineer. Said study shall include the entire ZC area and APN 492-090-59. The City will
allow no more than one sump per 80 acres. This project will either have its own privately
maintained retention basin or will need to expand an existing City sump. Flowage and
drainage easements to the City of Bakersfield will be required from the Verdugo Lane
right of way, and shall include conveyance and retention basin facilities. For orderly
development.
c. The ZC area is within the service area of the North of River Sanitary District No. 1. Sewer
service in this area must conform to the NORSD's adopted Sewer Study, and
construction and or connection of sewer lines shall be per NORSD's requirements. All
trench backfill and paving within the public right-of-way shall require an Open Street
Permit and be as per the City of Bakersfield's adopted standards. For orderly
development.
d. Developer is responsible for the construction of all infrastructure, both public and private,
within the boundary of the ZC area and APN 492-090-59. 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 development or expansion, as identified in these conditions. Any
phasing of the construction of infrastructure will be addressed prior to approval of
improvement plans. For orderly development.
2. Prior to the City of Bakersfield Fire Department final approval, the School District is required
to construct Verdugo Lane to City collector standards along the frontage of the ZC area
and APN 492-090-59, including any pavement transitions to existing pavement. If it becomes
necessary to obtain any off site right of way and if the developer is unable to obtain the
required right of way, then they shall pay to the City the up -front costs for eminent domain
proceedings and enter into an agreement and post security for the purchase and
improvement of said right of way. For orderly development.
3. The entire school site including this ZC area and APN 492-090-59 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, any city
department permit approval, approval of street improvement plans, or application for a Iok$IkKFq�
line adjustment or parcel merger for any portion of this ZC area and or school proper
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GPA/ZC 17-0072
Conditions of Approval
Page 2
adjacent to the north (APN 492-090-59). 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.
4. Per Resolution 035-13, the area within the ZC shall implement and comply with the
"complete streets" policy. For orderly development.
5. The development is required to pay into the adopted Regional Traffic Impact Fee fixed rate
program. For orderly development.
CITY ATTORNEY
b. 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.
By: SES:\Zone Change\Ol Active\2017\17-0072 (Norris School)\CC\lst Reading\02_Ord\Exhibit C_Conditions of
Approval.docx
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
ss.
County of Kern )
CHRISTOPHER GERRY, being duly sworn, deposes and says:
That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 14th day of May, 2018 he posted on the Bulletin Board at City Hall, a
full, true and correct copy of the following: Ordinance No. 4933, passed by the
Bakersfield City Council at a meeting held on the 9th day of May. 2018 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 GENERALLY NORTH OF SNOW ROAD ALONG THE EASTSIDE OF VERDUGO
LANE (ZC NO. 17-0072).
CHRISTOPHER GERRY
Acting City Clerk and Ex Officio of the
Council of the City of Bakersfield
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