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Home My WebLink AboutORD NO 5099ORDINANCE NO. 5 0 9 9 AN ORDINANCE OF THE BAKERSFIELD CITY COUNCIL APPROVING AN AMENDMENT TO TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE TO CHANGE THE ZONE DISTRICT LOCATED ON THE SOUTH SIDE OF PLANZ' ROAD, APPROXIMATELY 1,000 FEET WEST OF SOUTH H STREET. (ZC NO.21-0138). WHEREAS, Swanson Engineering, representing Shri Durga Temple, Inc. (property owner)filed an application with the City of Bakersfield Development Services Department requesting an amendment to Title,17 of the Bakersfield Municipal Code to change the Zone District from R-S (Residential Suburban) to R-2 CH (Limited Multiple Family Dwelling / Church Combining) on 2.83 acres located on the south side of Planz Road, approximately 1,000 feet west of South H Street, as shown on attached Exhibit "B", (the "Project"); and WHEREAS, the City Council has adopted a Mitigated Negative Declaration for the Project; 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. 59-22 are hereby adopted. 3. The Project is subject to mitigation measures found in the adopted Mitigated Negative Declaration for the Project. 4. The Project is subject to the conditions of approval and mitigation measures contained in attached Exhibit "A" incorporated herein. 5. 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. Page 1 of 2 > -r E- m r OORIGINAL.� 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 Co r�,cil f the City of Bakersfield at a regular meeting thereof held on A 3.1 2W 2 by the following vote: AYES: COUNCILMEMBER ARIAS, GONZALES, WEIR, SMITH, NK-EM7k-N, GRAY, PARLIER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER - r' ee rn&A JUL E DRIMAKIS, MM CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: AUG 312022 By (4-100V 14 KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO, CITY ATTORNEY By - VIRIDIANA GA A DO -KING Deputy City Attorney Exhibits: A Conditions/Mitigation Measures B Zone Change Map C Legal Description Jeng/S:\Zone Change\01_Active\2021\21-0138\Res & Ord\CC\21-0138 CC ZC Ordinance.docx Page 2 of 2 � m 'ORIGINO EXHIBIT A CONDITIONS OF APPROVAL ZONE CHANGE NO. 21-0138 PUBLIC WORKS Prior to the City's approval of any construction plans associated with any development project, subdivision, or minor land division within the ZC area, the developer must submit the following for review and approval by the City Engineer: a. Fully executed dedication for Planz Rd to collector standards for the full frontage of the ZC area, unless otherwise approved by the City Engineer. Dedications must include sufficient widths for expanded intersections and additional areas for landscaping as directed by the City Engineer. b. Comprehensive drainage study of the ZC area is to be submitted for approval by the City of Bakersfield Public Works Department Subdivision section. The drainage including the frontage for the ZC area is to be retained onsite and shall be privately maintained. Flowage and drainage easements, as needed, are to be provided prior to the recording of any final map or issuance of any certificates of occupancy for development within the area, whichever is earlier. C. Sewer study, which will assure that appropriate sewer service will be provided to the entirety of the ZC area. The developer will be responsible for the initial extension of the sewer line to serve the ZC area. This sewer line may be sized to serve a much larger area than the project area as directed by the City Engineer. The developer may also form a planned sewer area to provide a mechanism for the reimbursement of oversizing costs to the developer. 2. Prior to the recording of any final map or issuance of any certificates of occupancy for development within the ZC area, whichever is earlier, the developer must (a) construct all infrastructure, both public and private, within the boundary of the ZC area, including, but not limited to, any and all boundary streets to the centerline of the street as required by the City Engineer and (b) construct, and acquire any necessary right-of-way to construct, any off -site infrastructure required to support development of the ZC as determined by the City Engineer. Phasing of the construction of the required infrastructure may be allowed by the City Engineer. Per City Council Resolution 035-13, any development within the ZC area must comply with the City's "complete streets" policy. 3. Prior to the City's approval of any construction plans associated with any development project, subdivision, or minor land division within the ZC area, the developer must take all actions necessary to add the ZC area to the Consolidated Maintenance District ("CMD") and pay all fees for inclusion in the CMD or, if the development is already within the CMD, update the maintenance district Jeng/S:IZone Change 101_Active12021121-01381Res & OrcACC121-0138 ZC ExhA Condition - Mitigation.docx Exhibit "A" Zone Change 21-0138 Page 2of4 documents as provided in Bakersfield Municipal Code section 13.04.021 or as otherwise required by the City Engineer. 4. Install traffic signal interconnect conduit and pull rope for the frontage in all arterials and collectors. 5. Prior to the City's issuance of any building permits for construction within the ZC area, or an earlier time established through conditions of a subsequent City -approved subsequent development project, subdivision, or minor land division within the ZC area, the developer must pay all development fees for the ZC area including, but not limited to, the adopted regional traffic impact fee, local mitigation fees, any major bridge and thoroughfare district fees, and any planned sewer and drainage area fees. 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. PLANNING Biological Resources Impact Mitigation Measures: 7. Prior to ground disturbance, the applicant/developer shall have a California Department of Fish and Wildlife (CDFW) approved wildlife biologist ("qualified biologist") survey the location for species (i.e., Tipton kangaroo rat, San Joaquin kit fox, San Joaquin antelope squirrel, and Bakersfield cactus) covered under the Metropolitan Bakersfield Habitat Conservation Plan incidental take permit for urban development and comply with the T m ~ r- 'ORIG!NAL� Exhibit "A" Zone Change 21-0138 Page 3of4 mitigation measures of the permit. Survey protocol shall be that recommended by CDFW. The applicant/developer shall be subject to additional mitigation measures recommended by the qualified biologist. A copy of the survey shall be provided to the Planning Division and wildlife agencies no more than 30 days prior to ground disturbance. The current MBHCP expires on June 1, 2023. To ensure take of covered species does not occur after the expiration date, fees must be paid no later than January 1, 2023 and all covered activities must be completed by the MBHCP expiration date of June 1, 2023. As determined by the City, only projects ready to be issued an urban development permit, grading plan approval, or building permit will be eligible to pay fees under the current MBHCP. Early payment or pre -payment of MBHCP fees shall not be allowed. The ability of the City to issue urban development permits is governed by the terms of the MBHCP. Urban development permits issued after the 2023 expiration date may be subject to a new or revised Habitat Conservation Plan, if approved, or be required to comply directly with requests of the U.S. Fish & Wildlife Service (USFWS) and the California Department of Fish and Wildlife (CDFW). 8. Prior to ground disturbance, a focused survey for burrowing owl shall be submitted to California Department of Fish and Wildlife (CDFW) and Planning Division by the applicant/developer. The survey shall follow the methodology developed by the California Burrowing Owl Consortium (CBOC 1993). If the survey results the presence of burrowing owl nests, prior to grading (including staging, clearing, and grubbing), surveys for active nests shall be conducted by a qualified wildlife biologist no more than 30 days prior to the start of any ground disturbance and in a sufficient area around the work site to identify any nests that are present and to determine their status. A sufficient area means any nest within an area that could potentially be affected directly and/or indirectly by the project. In addition to direct impacts, such as nest destruction, nests might be affected by noise, vibration, odors, and movement of workers or equipment. If the Project applicant identifies active nests, CDFW shall be notified and recommended protocols for mitigation shall be followed, and a copy of the mitigation protocols shall be submitted to Planning Division. If any ground disturbing activities occur during the burrowing owl nesting season (approximately February 1 through August 31), and potential burrowing owl burrows are present within the project footprint, avoidance measures shall be implemented. In the event that burrowing owls are found, the applicant/developer shall follow CDFW protocol for mitigation and comply with the provisions of the Migratory Bird Treaty Act. Cultural Resources Impact Mitigation Measures: 9. During construction, if buried paleontological or cultural resources are encountered during construction or ground disturbance activities, all work within 50 feet of the find shall immediately cease and the area cordoned off until a qualified cultural and/or paleontological resource specialist that meets the Secretary of the Interior's Professional Qualification Standards can evaluate the find and make recommendations. If the specialist determines that the discovery represents a potentially significant resource, additional p�6AK��s Exhibit "A" Zone Change 21-0138 Page 4 of 4 investigations may be required. These additional studies may include avoidance, testing, and excavation. All reports, correspondence, and determinations regarding the discovery shall be submitted to the California Historical Resources Information System's Southern San Joaquin Valley Information Center at California State University Bakersfield. 10. During construction, if human remains are discovered, further ground disturbance shall be prohibited pursuant to California Health and Safety Code Section 7050.5. The specific protocol, guidelines, and channels of communication outlined by the Native American Heritage Commission, in accordance with Health and Safety Code Section 7050.5, Public Resources Code 5097.97, and Senate Bill 447 shall be followed. In the event of the discovery of human remains, at the direction of the county coroner, Health and Safety Code Section 7050.5(c) shall guide Native American consultation. o``gAKF�� i-- m 30RIQINALb ZC 21-0138 R-S TO R-2/CH R-i ' CITY OF BAKERSFIELD W TJ �v n a a R-i R Plan: Elementary School a' A A a tl ZC 21- PLANZ pLANZID -. � - - m m p-�-ate R a a R-2 n tl R-2 a 4 I A R-� EXHIBIT B B R-1 R-z. H x R-2 R-3. $ a R "LACEY•ST-- -- h- - -— - - - -- -- A "a R li A n e R-q R-3 A tl R-3 i R-S I c z 4 a C-2 g i ZC 21-0138 tt 0138 A - - .-- -- --� � �-aPLANTRD« ------ - - - A R R-S C-2/P.C.D. a 4 H C-2 x d a R-i 0 a R-1 R_1 a .I B a x A D n 3 a B A A a e y R3 - - «- -, - - - S� � x„•:> - � �VIN(ENT(AVE- -- - - - - a- � � aSYWIADRb R-i R-i *,BERYLDR- - a ~ R-i a B R-i --MEREDITH DR R-2 -- PLANNDm------ J-I/./� x' R-1 dr 6fAl Off' QUO e Rd J r +� - - - 4MERY AVE- R-- A A R-i LEGEND (ZONE DISTRICTS) R-I One Family Dwelling 6,000 sq.ft. min lot size R-I-4.S One Family Dwelling 4,500 sq.ft. min lot size E Estate 10,000 sq.ft. min lot size R-S Residential Suburban 24,000 sq.ft./dwelling unit R-S{ ) Residential Suburban I, 2.5, 5 or 10 min lot size R-2 Limited Multiple Family Dwelling 4,500 sq.ft. min lot size (single family) 6,000 sq.ff. min lot size (multifamily) 2,500 sq.ft. lot area/dwelling unit R-3 Multiple Family Dwelling 6,000 sq.ft. min lot size 1,250 sq.ft. lot area/dwelling unit R-4 High Density Multiple Family Dwelling 6,000 sq.ft. min lot size 600 sq.ft. lot area/dwelling unit R-H Residential Holding 20 acre min lot size A Agriculture 6,000 sq.ft. min lot size A-20A Agriculture 20 acre min lot size PUD Planned Unit Development TT Travel Trailer Park MH Mobilehome C-0 Professional and Administrative Office C-1 Neighborhood Commercial C-2 Regional Commercial C.0 Commercial Center C-B Central Business PCD Planned Commercial Development M-1 Light Manufacturing M-2 General Manufacturing M-3 Heavy Industrial P Automobile Parking RE Recreation (h (hutch Overlay OS Open Space HOSP Hospital Overlay AD Architectural Design Overlay FP-P Floodplain Primary FP-S Floodplain Secondary AA Airport Approach DI Drilling Island PE Petroleum Extraction Combining SC Senior Citizen Overlay HD Hillside Development Combining WM- West Ming Specific Plan Me BAKERSFIELD t Feet I I 0 150 300 2022_04_1 Ozc (7-m l Exhibit C LEGAL DESCRIPTION ZONE CHANGE NO.21-0138 APN 405 210-03 THE EAST 55 FEET OF THE WEST 200 FEET OF THE NORTH HALF OF LOT 1, N SECTION 13, TOWNSHIP 30 SOUTH, RANGE 27 EAST, M.D.B. & M., N THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, ACCORDING TO THE KERN COUNTY SALES MAP NO. 1 OF LANDS OF J.B. HAGGIN N SAID SECTION, FILED MAY"� 1889, N THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. APN 405-21.0-04 THE EAST 100 FEET OF THE WEST 300 FEET OF THE NORTH HALF OF LOT 1, N SECTION 13, TOWNSHIP 30 SOUTH, RANGE 27 EAST, M.D.B. & M., N THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, AS PER THE KERN COUNTY SALES MAP NO. 1 OF LANDS OF J.B. HAGGIN N SAID SECTION, FILED MAY $ 1889, N THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. APN 405-210-05 THE EAST 100 FEET OF THE WEST 400 FEET OF THE NORTH HALF OF LOT 1, N SECTION 13, TOWNSHIP 30 SOUTH, RANGE 27 EAST, M.D.B. & M., N THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, AS PER THE KERN COUNTY SALES MAP NO. 1 OF LANDS OF J.B. HAGGIN, N SAID SECTION, FILED MAY 3 1889, N THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM THE EAST 10 FEET THEREOF. APN 405-210-08 THE EAST 150 FEET OF THE WEST 650 FEET OF THE NORTH HALF OF LOT 1 OF SECTION 13, TOWNSHIP 30 SOUTH, RANGE 27 EAST, MOUNT DIABLO BASE MERIDIAN, N THE COUNTY OF KERN, STATE OF CALIFORNIA, ACCORDING TO KERN COUNTY SALES MAP NO. 1 OF LANDS OF J.B. HAGGIN OF SAID SECTION, FILED MAY 3, 1889, N THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. t x� ran, ur;�za •� ,, �• - 4f ~ r 00RICINAL AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) ss. County of Kern ) JULIE DRIMAKIS, 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 2nd day of September, 2022 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 5099, passed by the Bakersfield City Council at a meeting held on the 315t day of Auqust, 2022 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 ON THE SOUTH SIDE OF PLANZ ROAD, APPROXIMATELY 1,000 FEET WEST OF SOUTH H STREET. (ZC NO. 21-0138). JULIE DRIMAKIS, MMC City Clerk and Ex Officio of the Council of the City of Bakersfield B DOUYCity Clerk SADOCUMENIIFORMSWOP.ORD.wpd