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HomeMy WebLinkAboutORD NO 4191ORDINANCE NO. 4 I 9 I AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO. 102-30) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM FROM AN R-2 (LIMITED MULTIPLE FAMILY DWELLING) ZONE TO A PUD (PLANNED UNIT DEVELOPMENT) ZONE ON 9.97 ACRES TO ALLOW DEVELOPMENT OF 68 MULTIPLE FAMILY UNITS (17 FOUR- PLEX BUILDINGS) AND A PRIVATE RECREATIONAL AREA (FILE #04-0158). WHEREAS, in accordance with the procedure set forth in the provisions of Title 17 of the Municipal Code of the City of Bakersfield, the Planning Commission held a public hearing on a petition to change the land use zoning of those certain properties in the City of Bakersfield generally located on the north side of Brimhall, approximately 1000 feet east of Jewetta Ave, as shown on the location map Exhibit "B;" and WHEREAS, by Resolution No. 27-04 on April 1, 2004, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 04-0158 as delineated on attached Zoning Map No.102-30 marked Exhibit "D", by this Council and this Council has fully considered the recommendations made by the Planning Commission as set forth in that Resolution; and WHEREAS, the Planning Commission, as a result of said hearing, did make several general and specific findings of fact which warranted a negative declaration of environmental impact and changes in zoning of the subject property from an R-2 (Limited Multiple Family Dwelling) zone to a PUD (Planned Unit Development) zone to allow development of 68 multiple family units (17 four-plex structures, both one- and two-story) and a private recreational area as shown on attached Exhibit "C," and the Council has considered said findings and all appear to be true and correct; and WHEREAS, the applicant also submitted for concurrent consideration, Vesting Tentative Tract Map 6254 to facilitate development of said multiple family project; and WHEREAS, the law and regulations relating to the preparation and adoption of Negative Declarations, as set forth in CEQA and City of Bakersfield's CEQA Implementation Procedures, have been duly followed by city staff, Planning Commission and this Council; and WHEREAS, a Negative Declaration was advertised and posted on March 10, 2004, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows for multiple family residential development; and ORIGINAL WHEREAS, the City Council has considered and hereby makes the following findings: All required public notices have been aiven. Hearing notices regarding the proposed project were mailed to property owners within 300 feet of the project area and published in a local newspaper of general circulation at least 20 days prior to the hearing. The provisions of CEQA and City of Bakersfield CECIA Implementation Procedures have been followed. Staff determined that the proposed activity is a project and an initial study was prepared and a Negative Declaration was prepared and duly noticed. A Negative Declaration for the proposed project is the aporopriate environmental document to accompany proiect approval. In accordance with CEQA, staff prepared an initial study for the proposed project and indicated that because mitigation measures relating to air quality, mineral resources, and cultural resources have been incorporated into the project, the project will not significantly impact the physical environment. The proposed subdivision, together with the provisions for its desian and improvement, is consistent with the General Plan. (Subdivision Map Act 66473.5) The proposed density and intensity of development are consistent with the Low Medium Density Residential land use classification on the property. Proposed road improvements are consistent with the Circulation Element. The overall design of the project, as conditioned, is consistent with the goals and policies of all elements of the general plan. In accordance with Bakersfield Municipal Code Section17.52.070, find following for the proposed PUD (Planned Unit Development) zone as conditioned: A. The proposed planned unit development zone and preliminary development plan is consistent with the general plan and objectives of this ordinance; The proposed development will constitute a residential environment of sustained desirability and stability, and it will compliment and harmonize with the character of the surrounding neighborhood and community; and The proposed development justifies exceptions from the normal application of this code in that it integrates such elements as the location of structures, circulation pattern, parking, open space, utilities and other amenities, together with a program for provision, operation and maintenance of ail areas, improvements, facilities and services provided for the common use of persons occupying or utilizing the property. 6. The request for reduction in the Special Dwelling Setback is approved as conditioned. 7. The conditions of approval are necessary for orderly development and the public health, welfare and safety. 2 ORIGINAL as follows: SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield 1. All of the foregoing recitals are hereby found to be true and correct. 2. The Negative Declaration is hereby approved and adopted. 3. Section 17.06.020 (Zoning Map) of the Municipal Code of the City of Bakersfield be and the same is hereby amended by changing the land use zoning of that cedain property in said City, the boundaries of which property is shown on Zoning Map. No. 102-30 marked Exhibit "D" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "E." 4. Such zone change is hereby made subject to the conditions of approval listed in attached Exhibit "A," and shown on the site plan attached as Exhibit "C." SECTION 2. This ordinance shall be posted in accordance with the Bakersfield Municipal Code and shall become effective not less than thirty (30) days from and after the date of its passage. ......... O00 ......... 3 the I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by Council the City of Bakersfield at a regular meeting thereof held on MAY 2°([ 2004 by the following vote: ABSTAIN: ABSENT: COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO COUNClLMEMBER ~'~¥~,(~ '0'~ COUNCILMEMBER COUNCiLMEMBER PAMELA A. McCARTHY,~MC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED MAY ~' (~ 2004 DAVID R. COUCH VICE-HAYOR APPROVED as to form VIRGINIA GENNARO City Attorney Exhibits: A. Conditions of Approval B. Location Map C. PUD Site Plan D. Zone Map 102-30 E. Legal Description ORIGINAL EXHIBIT "A" PUD ZONE CHANGE NO. 04-0158 CONDITIONS OF APPROVAL FIRE PREVENTION SERVICES 1. Subdivider shall provide emergency secondary access as shown on the site plan. PLANNING DEPARTMENT 2. 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 or 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. 3. If during construction activities or ground disturbance, cultural resources are uncovered, the subdivider shah stop work and retain a qualified archeologist for further study. Subdivider shall notify the proper authorities and be subject to any mitigation measures required of the archeologist. Mitigation measure as recommended by Adele Baldwin, Cai State, letter dated December 15, 2003. 4. All development shall be consistent with approved Vesting Tentative Tract 6254 and P.U.D. plans as submitted unless changed in response to conditions as approved by the Planning Director and Public Works Director. 5. Lots sizes shall be as shown in approved Vesting Tentative Tract Map 6254. Subdivider shall construct the private recreational amenity, as described below prior to occupancy of the 25th unit. The construction of the private recreational amenity shall at a minimum consist of a swimming pool, spa, and rest rooms, landscaping, and security lighting. Jeng I S:[ZoneChangei04-O 1581cc[ExhA.DOC May 6, 2004 Exhibit "A" Conditions PUD ZC # 04-0158 Page 2 of 8 The modification to reduce the required 50 foot building setback adjacent to R-S zoned properties along the north, west, and east property lines is approved as follows: (MOD #03- 0290, approved May 13, 2003) North property line: South property line: East property tine: West property line: 45 feet (northwest building only). 11 feet (along adjacent church property only). 11 feet (along adjacent church property only). 10 feet (two northwest buildings only). Prior to receiving final building or site occupancy, subdivider shall provide for common access, including drive aisles as shown on approved PUD Zone Change (SPR) #04-0158, secondary emergency access, guest parking easement, recreational amenities, and other common amenities for the benefit of the residents, and the continuing maintenance of these items. SITE PLAN COMPLIANCE LIST The following are specific items that the Site Plan Review Committee has noted that you need to resolve before you can obtain a building permit or be allowed occupancy. These items may include changes or additions that need to be shown on the final building plans, alert you to specific fees, and/or are comments that will help you in complying with the City's development standards. The item will note when it is to be completed and each has been grouped by department so that you know who to contact if you have questions. A. DEVELOPMENT SERVICES - BUILDING (staff contact - Phil Burns 661/326-3718) The developer shall submit 4 copies of grading plans and 2 copies of the preliminary soils report to the Building Division. A final soils report shall also be submitted to the Building Division before they can issue a building permit. Please not that approved grading plans must also match final building site plans and landscaping plans. The developer shall include fire resistive wall construction details with the final building plans for ali exterior walls of any building that are within 20' of property lines if it is commercial, or 5' of property lines if it is residential. Include with or show on the final building plans information necessary to verify that the project complies with all disability requirements of Title 24 of the State Building Code. The developer shall obtain all required approvals from the Kern County Environmental Health Services Department (2700 "M" Street, Bakersfield, CA; Ph. 661/862-8700) for any public pool or related facility before building permits can be issued. Disabled access to any public pool and related facility shall comply with Title 24 of the State Building Code. Jeng / S:[ZoneChangeiO4-O158[Exh l. DOC May 6, 2004 Exhibit "A" Conditions PUD ZC # 04-0158 Page 3 of 8 Structures exceeding 10,000 square feet in area shall require installation of an automatic fire sprinkler system. Before the Building Division can allow occupancy of this apartment complex, they must inspect and approve the placement and colors of the address numbers identifying each unit and/or building, and on-site building/unit location maps so that emergency personnel can easily find a specific unit when responding to the site during an emergency. Business identification signs are not considered nor approved under this review. A separate review and sign permit from the Building Division is required for all new signs, including future use and construction signs. Signs must comply with the Sign Ordinance (Chapter 17.60 of the Bakersfield Municipal Code). The Building Division will calculate and collect the appropriate school district impact fee at the time they issue a building permit. B. DEVELOPMENT SERVICES - PLANNING (staff contact - Dave Reizer 661/326-3673) The minimum parking required for this project has been computed based on use and shall be as follows: Number of Parking Required Use Dwellina Units Rati<~ Parkina Apartment Complex 68 DU's (Plus 10% additional guest parking) 2 spaces/DU Total Required 136 spaces 14 SDaces 150 Spaces (Note: 216 parking spaces are shown on the proposed site plan.) The developer shall include a copy of a final landscape plan with each set of the final building plans submitted to the Building Division. Building permits will not be issued until the Planning Division has approved the final landscape plan for consistency with approved site plans and minimum ordinance standards (please refer to the attached landscaping requirements in Chapter 17.61). (NOTE: At the time a final site inspection is conducted, it is expected that plants will match the species identified and be installed in the locations consistent with the approved landscape plan. Changes made without prior approval of the Planning staff may result in the removal and/or relocation of installed plant materials and delays in obtaining building occupancy.) Prior to receiving final building or site occupancy, you must contact the Planning Division (staff contact noted above) for final inspection and approval of the landscaping, parking lot, lighting, and other related site improvements. Inspections will not be conducted until all required items have been installed. Any deviations from the approved plans without prior approval from the Planning Division may result in reconstruction and delays in obtaining building or site occupancy, O~IG~NAL Exhibit "A" Conditions PUD ZC # 04-0158 Page 4 of 8 4. Overlooks from windows, balconies, and decks of the 2"~ or higher floor into rear yards of property containing single family homes must be architecturally screened (see attached Section 17.08.090). This condition affects any office, commercial, and industrial building, and any apartment or condominium structure containing 3 or more units that are within 150 feet of properties zoned R-l, R-S, R-S-lA, MH, or PUD, or from condominium projects of a single family character. Screening proposals must be approved by the Planning Division before building permits will be issued. Suggested methods for accomplishing screening are included in the attached ordinance section. A solid masonry wall is required to be constructed adjacent to residentially zoned property as indicated by staff on the returned site plan. This wall must be shown on the final building plans and shall be constructed a minimum height of 6 feet as measured from the highest adjacent finished property grade. If the parking tot, including drive aisles, delivery areas, loading and unloading areas are within 10 feet of residentially zoned property, a 7-foot wide landscape strip that includes landscaping consistent with Chapter 17.61 shall be installed between the wall and parking/drive areas (this will also be noted on the returned plan). Parking lot lighting is required by the Bakersfield Municipal Code (Section 17.58.060A). Illumination shall be evenly distributed across the parking area with light fixtures designed and arranged so that light is directed downward and is reflected away from adjacent residential properties and streets. Use of glare shields or baffles may be required for glare reduction or control of back light. All light poles, standards and fixtures, including bases or pedestals, shall not exceed a height of 40' above grade. The final building plans shall include a picture or diagram of the light fixtures being used and show how light will be directed onto the parking area. Please note that staff can require additional adjustments to installed lighting after occupancy to resolve glare of other lighting problems that effect adjacent properties. Habitat Conservation fees shall be required for this project and will be calculated based on the fee in effect at the time we issue an urban development permit (includes grading plan approvals) as defined in the Implementation/Management Agreement (Section 2.21) for the Metropolitan Bakersfield Habitat Conservation Plan. Upon payment of the fee, the applicant will receive acknowledgment of compliance with Metropolitan Bakersfield Habitat Conservation Plan (Implementation/Management Agreement Section 3.1.4). This fee is currently $1,240 per gross acre, payable to the City of Bakersfield (submit to the Planning Division). This fee must be paid before any grading or other site disturbance Occurs. A Park Development and Improvement Fee shall be paid at the time a building permit is issued. We will base this fee at the rate in effect at the time the permit is issued. The current fee is $1275 for each independent residential unit. Refuse collection bin enclosures and container areas are subject to all required structural setbacks, and shall not reduce any parking, loading or landscaping areas as required by the zoning ordinance. ~ %.~.~.,~,~ ORIGINAL Exhibit "A" ZC 04-0158 Page 5 of 8 C. FIRE DEPARTMENT (staff contact- Dave Weirather 661/326-3706) 1. Show on the final building plans the following items: All fire lanes as identified on the returned plans. Any modifications shall be approved by the Fire Department. Fire lane identification signs shall be installed every 100 feet with red curbing when curbing is required. All work shall be completed before occupancy of any building or portion of any building is allowed. Alt fire hydrants, both offsite (nearest to site) and on-site. Include flow data on all hydrants. Hydrants shall be in good working condition and are subject to testing for verification. Fire flow requirements must be met prior to construction commencing on the project site. Please provide 2 sets of the engineered water plans to Dave Weirather. (Note: All new fire hydrants must be purchased from the Fire Department.) Project address, including suite number if applicable. If the project is within a shopping or business center, note the name and address of the center. d. Name and phone number of the appropriate contact person. The developer shall show on the final building plans a minimum 20' wide all-weather emergency access with an overhead clearance of 13'6' within 150' of all buildings on the project site. The Fire Department must approve the final location and design of this access prior to building permits being issued. This access shall be constructed before building occupancy will be granted. All access (permanent and temporary) to and around any building under construction must be at least 20 feet wide, contain no vehicle obstructions, and be graded to prevent water ponding. Barricades must be in place where ditches and barriers exist in or cross roadways. Emergency vehicle access must always be reliable. D. PUBLIC WORKS - ENGINEERING (staff contact-George Gillburg 6611326-3997) The developer shall construct curbs, gutters, cross gutters, 5'6' wide sidewalks, and street paving along Brimhall Road according to adopted city standards. These improvements shall be shown on the final building plans submitted to the Building Division before any building permits will be issued. The applicant shall provide an exclusive easement for drainage purposes over the drainage basin to the City for use in Jewetta Planned Drainage Area. Jeng I S:tZoneChangeiO4-O158icclExhA.DOC May 6, 2004 The developer shall install one street light (#23048), along Brimhall Road as shown by staff on the returned site plan. The developer shall be responsible for providing the labor and materials necessary to energize all newly installed street lights before occupancy of the building or site. These improvements shall be shown on the final building plans submitted to the Building Division before any building permits will be... issued. ORIGINAL Exhibit "A" ZC 04-0158 Page 6 of 8 The applicant shall provide an exclusive easement for drainage purposes over the drainage basin to the City for use in Jewetta Planned Drainage Area. The developer shalt construct standard handicap ramps at the entrance to the project according to adopted city standards. These improvements shall be shown on the final buitding plans submitted to the Building Division before any building permits will be issued. The developer shall install new connection(s) to the public sewer system. This connection shall be shown on the final building plans submitted to the Building Division before any building permits will be issued. All driveways, vehicular access and parking areas shall be paved with a minimum of 2" Type B, A.C. over 3" Class II A.B. according to the Bakersfield Municipal Code (Sections 15.76.020 & 17.58.050 N.) and the adopted standards of the City Engineer. This paving standard shall be noted on the final building plans submitted to the Building Division before any building permits will be issued. If a grading plan is required by the Building Division, building permits will not be issued until the grading plan is approved by both the Public Works Department and Building Division. Before any building or site can be occupied, the developer must reconstruct or repair substandard off-site improvements to adopted city standards as directed by the City Engineer. Please call the construction superintendent at 661/326-3049 to schedule a site inspection to find out what improvements may be required. A street permit from the Public Works Department shall be obtained before any work can be done within the public right-of-way (streets, alleys, easements). Please include a copy of this site plan review decision to the department at the time you apply for this permit. 10. A sewer connection fee shall be paid at the time a building permit is issued. We will base this fee at the rate in effect at the time a building permit is issued. 11. If the project is subject to the provisions of the National Pollutant Discharge Elimination System (NPDES), a "Notice of Intent" (NOI) to comply with the terms of the General Permit to Discharge Storm Water Associated with Construction Activity (WQ Order No. 92-08-DWQ) must be filed with the State Water Resources Control Board in Sacramento before the beginning of any construction activity. Compliance with the general permit requires that a Storm Water Pollution Prevention Plan (SWPPP) be prepared, continuously carried out, and always be available for public inspection during normal construction hours. 12. A transportation impact fee for regional facilities shall be paid at the time a building permit is issued, or if no building permit is required, before occupancy of the building or site. This fee will be based at the rate in effect at the time the map vested. The Public Works Department will calculate an estimate of the total fee when you construction plans for the project. Jeng I S:lZoneChangelO4-O1581cc~Exh.A.DOC May 6, 2004 ORIGJN~ Exhibit "A" ZC 04-0158 Page 7 of 8 13. 14. 15. 16. The developer shall, along the entire frontage of the development within Brimhall Road, either construct a landscaped median island or pay $40 per linear foot to the city for construction of the median island (Y2-width). Building permits will not be issued until one of these options is approved by the Public Works Department. The applicant shall provide an exclusive easement for drainage purposes over the drainage basin to the City for use in Jewetta Planned Drainage Area. The developer shall form a maintenance district for maintaining the landscaped median island within Brimhall Road along the entire frontage of the development. The applicant shall provide an exclusive easement for drainage purposes over the drainage basin to the City for use in Jewetta Planned Drainage Area. The applicant shall provide an exclusive easement for drainage purposes over the drainage basin to the City for use in Jewetta Planned Drainage Area. The legal description (ie. lot and tract number and/or assessor's parcel number) shall be shown on the final buildin9 plans. The developer shall dedicate additional road right-of-way to the City of Bakersfield along Brimhall Road to full arterial street width to include additional street dedication for deceleration lanes according to adopted city standards. PUBLIC WORKS - TRAFFIC (staff contact - George Gillburg 661/236-3997) 1. The Traffic Engineer shall approve the iocation of the access gates into the development. F. PUBLIC WORKS - SOLID WASTE (staff contact - John Wilburn 661/326-3114) You must contact the staff person noted above before building permits can be issued or work begins on the property to establish the level and type of service necessary for the collection of refuse and/or recycled materials. Collection locations must provide enough containment area for the refuse that is generated by the businesses without violating required zoning restrictions (see Planning Division items). Levels of service are based on how often collection occurs as follows: Can or cart service -- Front loader bin service -- Rolkoff compactor service -- 1 cubic yard/week or less 1 cubic yard/week - 12 cubic yards/day More than 12 cubic yards/day Show on the final building plans 6 (six), 8'x 10' (inside dimension) refuse bin enclosures designed according to adopted city standards (Detail #S-43). Before occupancy of the building or site is allowed, 6 (six), 3 cubic yard front loading type refuse bins shall be placed within the required enclosures. 3. Facilities that require infectious waste services shall obtain approval for separate infectious waste storage areas from the Kern County Health Department. In no instances shall the refuse bin area be used for infectious waste containment purposes. Jeng I S:tZoneChangelO4-O158~clExhA.DOC May6, 2004 ORIG Exhibit "A" ZC 04-0158 Page 8 of 8 Facilities that require grease containment must provide a storage ~ocation that is separate from the refuse bin location. This shall be shown on the final building plans. Facilities that participate in recycling operations must provide a location that is separate from the refuse containment area. This shall be shown on the final building plans. Jeng t S:tZoneChangelo4.0158icclExhA.DOC May 6. 2004 ORIGINAL t l!lq.,Ihl~l~ ORIGINAL EXHIB_IT "O" ZONE CHANGE LEGAL DESCRIPTION PROPOSED PUD (FROM R-2) BEING A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 30, TOWNSHIP 29 SOUTH, RANGE 27 EAST, MD.M, CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE N.00°13'46"W. ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 777.29 FEET; THENCE DEPARTING SAID WEST LINE, N.87°13'26"E., 675.69 FEET; THENCE S.00°13'58"E., 219.94 FEET; THENCE S.89°36'28"W., 320.04 FEET; THENCE S.00°13'46"E., 586.56 FEET TO THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 30; THENCE N.89°47'10"W. ALONG SAID SOUTH LINE, A DISTANCE OF 355.00 FEET TO THE POINT OF BEGINNING. CONTAINING 7.97 ACRES GROSS, P:~PROJECTS\03142~LEGALShR-2PUD.DOC ORIGINAL EXHIBIT "E" ZONE CHANGE 04-0158 J / n-2 TO ORIGINAL AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) SS. County of Kern ) PAMELA A. 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 May , 2004 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4191, passed by the Bakersfield City Council at a meeting held on the 26th day of May, 2004 and entitled: AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION '17.06.020 (ZONE MAP NO. 102-30) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM AN R-2 (LIMITED MULTIPLE-FAMILY DWELLING) ZONE TO A PUD (PLANNED UNIT DEVELOPMENT) ZONE ON 9.97 ACRES TO ALLOW DEVELOPMENT OF 68 MULTIPLE FAMILY UNITS (17 FOUR-PLEX BUILDINGS) AND A PRIVATE RECREATIONAL AREA (FILE #04-0158). /s/PAMELA A. McCARTHY City Clerk of the City of Bakersfield