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Home My WebLink AboutORD NO 4259 ORDINANCE NO. l' ! 5 e AN ORDINANCE APPROVING AN APPEAL, ADOPTING A NEGATIVE DECLARATION, AND APPROVING THE PROPOSED AMENDMENT TO SECTION 17.06.020 (ZONE MAP NO. 102-30) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE TO CHANGE THE ZONING OF CERTAIN PROPERTY BEING ANNEXED TO THE CITY OF BAKERSFIELD FROM R-S-10A (RESIDENTIAL SUBURBAN 10 ACRE MINIMUM) TO C-O/PCD (PROFESSIONAL AND ADMINISTRATIVE OFFICE/PLANNED COMMERCIAL DEVELOPMENT) ON 7.5 ACRES, LOCATED AT THE NORTHWEST CORNER OF BRIMHALL ROAD AND CALLOWAY DRIVE (FILE# ZC 04-0847). 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 for certain property being annexed to the City of Bakersfield located at the northwest corner of Brimhall Road and Calloway Drive (Exhibit "A"), and more specifically described in Exhibit "B"; and WHEREAS, for the above-described proposal, an Initial Study was conducted and it was determined that the proposed project would not have a significant effect on the environment, and, therefore, a Negative Declaration was prepared and posted on November 17, 2004, in accordance with CEQA; and WHEREAS, the law and regulations relating to the preparation and adoption of Negative Declarations, as set forth in CEQA and the City of Bakersfield's CEQA Implementation Procedures, have been duly followed by city staff, the Planning Commission, and this Council; and WHEREAS, Porter-Robertson Engineering (owner: David Wilson) appealed the Pianning Commission's denial of the project; and . WHEREAS, by Resolution No. 178-04 on December 9,2004, the P'anning Commission denied the adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 04-0847 as delineated on attached Zoning Map No. 102-30. marked Exhibit "A", and this Council has fully considered the Planning Commission's recommendation as set forth in that Resolution; and WHEREAS, the City Council has considered and hereby makes the following findings: 1. All above recitals are true and correct. 2. The provisions of the California Environmental Quality Act have been met. 3. The proposed project would not have a significant effect on the environment. ~ 'òMê1> o ~ >- - I- m - r- QORIGINALC:> 4. Based on the absence of evidence in the record as required by Section 21082.2 of the State of California Pub'ic Resources Code (CEQA) for the purpose of documenting significant effects, it is the conclusion of the Lead Agency that this project will result in impacts that fall below the threshold of significance with regard to wildlife resources and, therefore, must be granted a "de minimis" exemption in accordance with Section 711.4 of the State of California Department of Fish and Game Code. Additionally, the assumption of adverse effect is rebutted by the above-reference absence of evidence in the record and the Lead Agency's decision to prepare a Negative Declaration for this project. SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: 1. The above recitals and findings are true and correct and constitute the Findings of the Council, incorporated herein. 2. The appeal is hereby approved. 2. The Negative Declaration for Zone Change No. 04-0847 is hereby adopted. 3. The proposed amendment to Section 17.06.020 (Zoning Map) of the Municipal Code of the City of Bakersfield to change the 'and use zoning from R-S-10A (Residential Suburban 10 acre minimum) to C-O/PCD (Professional and Administrative Office/Planned Commercial Development) on 7.5 acres (File# ZC 04-0847) of that certain property being annexed to said City, the boundaries of which property is shown on Zoning Map No. 102-30, marked Exhibit "A", attached hereto and made a part hereof, and more specifically described in attached Exhibit "B", with conditions of approval as proposed in Exhibit "C", is hereby approved. 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. ---------000--------- 2 !to 'òAKê1' o ~ >- - '::. J!! Q (:) OR'GINAL I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by the Council of the City of Bakersfie'd at a regular meeting thereof held on MAY 2 5 2005 by the following vote: ~ NOES: ABSTAIN: ABSENT: ,....---........- V' __ v""'-- ~ COUNCILMEMBER COUCH. CARSON, BENHAM. MAGGARD, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER APPROVED MAY 2 5 2005 HARVEY L. ALL Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney By:/~}n~ Exhibits Attached: Exhibit A - Zone Change Map Exhibit B - Legal Description Exhibit C - Conditions of Approval S:\GPA 4th 2004\04-0847\OlC-CC.new 04-0847 - ._~"., ,'- -_. ~...'-----'-"-"-"-'--'- PAMELA A. McCARTHY, CMC CITY CLERK and Ex Officio Cle Council of the City of Bakersfield 3 '< 'òA/(~1> Q iP >- "1\ >::: "' Q ,... ORIGINAlt:> 0.. rt):::, I .. N o 90.... ~«.. ~IIIIIi:N a:~>- w '" ;;\(!) Z ~-o Z~ >-00 t:N'" o '" ,i .å IE i .. I ,.:;... ;. - ~" ~b~ ~ I 'mn ; i iU8 . . -~ ~ I ¡ EXHIBIT A I ~; ~ ï .. : ~J §§ , · Ii hi. :: r § _. I. 2 ... 2 ! l'I'f,,"i~'! , ~t ': ~ , e ;. '..' . ¡ 2 ~'~I~U~¡~f!i¡!~! h; ~i !I!~; ! iP=ilâ;;~~~~~Hh¡~H IdJ i!~Hw:l; ,J.HI.,,,,j-¡ ·I-'~·~ _-~'.i.~;¡;P2! · ~ J ~ ~ ~ ~ .:. i 81SC'" g "5 ~ ~ 8 ! ~ § } j ~ 1; i '" '; ! ro ~ ~ i! ! ~ = 11 ~ ~ ¡.! 'i ~ ! ~~ ~: ~ ~ ; ~: : ~ ::: .. ; ~ 1 ~ ~ ~I ~ ~ ~ ~ ... t i i ;! - ., ......-~,~..,..I".h;.t". I!,d!! .¡¡~ i itrli .¡~~ ~~il,i3~~ E. i:; .t~;:i:! tï: ~~~~!i~ ~... ;~ ...... .....-.. .. ;.;. .. ¡, .. ¡, . D <> ~....", ¡, . ::!::~~;;sr.:.~¡o~:~~.:I~ ZONE CHANGE 04-0847 I. . . . , " .. I I 'lc5 . !. ¡~ I., ~íi ¡ ~~" ~!rJ :u;! ~!! ŒI d j . .,. !!~ ,f- l.;; .~I'\ I~¡) ~;i ~ I. :;¡1\' ". 1 ~,; -~"' " ¡ -pO' 51, .':.I.'iI , ~ p~":a' .' ;~i. ~ ~!'r1; ...... -..-f; iJl ;~i9J !IS~. ;~I f,.fII01"1'1? t L--. , i I I I - I I j ~__:.J.'I___~_- I :1 '" I 'I Æ : I I , ~ I ¡ . > . t I I , I I I I ~ , U I , , I I - , ~ I Æ I -, I N I U 1_________ _J T , ~ ~ à M .. ~ "' ~ " ~ "' . . .. " . ...- I I \ .. I .. ¡ I I I ~ ~ , I "1' ,;, Æ .~ '¡Ii::: 4f L:J....L.________ I ~ I I i , 1 ,-- ___I_____L_ :~ .,. ~ : ì .. .. w ~ if . ~ .. c :: .. * U·_" - M ~u .no ai:>- ~ ~ N ~ ;---.;--- 1_ _ _0:._ _ _ s ~ ó: " ,--".,- - . ~ Ci-~--- i . B ... ~ I I I w, I -~ï , , , I I " I I I ..~ ~ _I I r---- .. ~,.04 I: Wi : \ :1 1 · ': :Š:. 3 : li';S , '11' , " ~ I t , ~n,~! ~¡¡~.~~ ~Itn -~dU I~¡~ii HIm pl¡gJ. ;øi!!~& ~!~;;; Ulldñ ~!I~¡: HiM. iih;~1 i~!aUJ¡ i id!ø:! alU(4) IZlu.Ga tUe'-. aUø~ KL. '< 'òAK~r. _C\~ o ,'.- -'&> ;... " . ZONING YAP 1Ot;·)() "0 """ "~J.' ;~" ORIG'NAL EXHIBIT B LEGAL DESCRIPTION FOR ZONE CHANGE 04-0847 A portion of the Southeast quðrter of Section 30, Township 29 South, Range 27 Eðst, M.D.M., County of Kern, State of Califomið, more particulðr1y desaibed as follows: Commencing at the southeast corner of said Section 30; said corner being monumented and offICially designated as 681,968,316 feet North and 1,669,345.712 feet East per the Califomia Coordinate System, Zone 5; Thence North 00°51'07" East, along the east line of said section, a distance of 30.00 feet; Thence North 89006'37" West, 203.85 feet to a point on the North right of way line of Brimhall Road (Co. Rd. No. 589) also being the point of beginning; Thence (1) Thence (2) Thence (3) Thence (4) Thence (5) Thence (6) Thence (7) Thence (8) North 62°32'31" East along the West right of way line of realigned Calloway Drive, a distance of 34.89 feet to the beginning of a non-tangent, 1,430.00 foot radiu5 curve, concave northwesterly, having a radial of South 67"22'47" East, from said beginning of curve; northeasterly along said right of way curve through a central angle of 07°33'49" an arc distance of 188.77 feet to the beginning of a non-tangent, 1,600.00 foot radius curve, concave northwesterty, having a radial bearing of South 73°28'09" East from said beginning of curve; northeasterly a'ong said right of way curve through a central angle of 09°19'42" an arc distance of 260.50 feet to intersect the South line of that parcel of land owned by Howard D, and Deborah L. Smith and designated by the Kern County Assessor as APN 110-170-29; North 89°07'52" West, along said South line, 176.81 feet to the Southwest corner of said parcel; North 00°51'17" East along the West line of said parcel, a distance of 180.00 feet to a point on the North line of the Southeast quarter of the Southeast quarter of the Southeast quarter of said Section 30; North 89°07'38" West along said North line, a distance of 433.04 feet; South 00051'24" West, a distance of 631.29 feet to intersect the North line of the the Sooth 30 feet of said Section 30, also bei"9 the North right of way line of Brimhall Road (Co. Rd. No. 589); South 89006'37" fast, along said right of way, a distance of 471.21 feet to the point of beginning. Containing 7.62 acres (more or less) I:.¡"s.¡~~\ Ii f~,:,/¿j] ~~. \\ .~' :~;;~~::~jj¡;;. d?~ ""lV\' .;J :.::.~'// -tl?::-':: ,--.-IJ' --:,"i' ~ ~~IC ~~~ ~ ~~ ~ m :,).. r- 0R~NAL<::> -.--..-.-.. ...~..".."._.._,-_.~>_.,'_.._-- -,,--~ EXHIBIT C ZONE CHANGE 04-0847 CONDITIONS OF APPROVAL PUBLIC WORKS 1. With submittal of a land division or Lot Line Adjustment application, provide fully executed dedication for Calloway Drive and Brimhall Road to arterial standards, including expanded intersections and additional landscaping as directed by the City Engineer. Submit a current title report with the dedication$. 2. Submit a comprehensive drainage study to be submitted to and approved by the City Engineer, Site any drainage retention facility on the periphery of the GPA area to facilitate future expansion or consolidation of drainage facilities as adjacent area developS. The study shall be approved and any required retention site and necessary easements dedicated to the City. Provide an easement for the u'timate retention basin site. along with necessary easements for the translJOflation of drainage water to the site. 3. Submit verification to the City Engineer of the existing sewer systems capability to accept the additional flows to be generated through development under the new land use and zoning. 4. Construct all street improvements to full width including any expanded intersection for Calloway Drive and Brimhall Road adjacent to GPA boundary. 5. Payment of median fees for the frontage of the property within the GPA request. These fees may be paid prior to recordation of the final map or building permit. 6. Access to the arterial and collector streets will be limited and determined at time of division or development Determination of whether a right turn lane is required at the access street(s) will a'so be made at the time of division or development. A full access opening will only be considered if the developer funds and installs a traffIC signa' at the site entrance. Said signa' will only be permitted if a signal synchronization study is submitted and approved. which shows progression is not adversely affected. 7. 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 consolidate Maintenance District with submittal of any development plan, tentative subdivision map. Site Plan Review. or application for a 101. line adjustment for any portion of this GPA area. 8. Developer shall pay the standard commercial fees for the office type use. as adopted at time of development. S:\GPA 4111 ~7\CcnditiOnS of AppI<W8I.doc 1: 'ðÁKf~ èE':; "J- ,m t_ ~-r- \9 '~(:) rj)8JßINAL 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 26th day of Mav, 2005 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4259 , passed by the Bakersfield City Council at a meeting held on the 25th day of Mav.2005 and entitled: AN ORDINANCE APPROVING AN APPEAL, ADOPTING A NEGATIVE DECLARATION, AND APPROVING THE PROPOSED AMENDMENT TO SECTION 17.06.020 (ZONE MAP NO. 102-30) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE TO CHANGE THE ZONING OF CERTAIN PROPERTY BEING ANNEXED TO THE CITY OF BAKERSFIELD FROM R-S-10A (RESIDENTIAL SUBURBAN 10 ACRE MINIMUM) TO C-O!PCD (PROFESSIONAL AND ADMINISTRATIVE OFFICE! PLANNED COMMERCIAL DEVELOPMENT) ON 7.5 ACRES, LOCATED AT THE NORTHWEST CORNER OF BRIMHALL ROAD AND CALLOWAY DRIVE (FILE #ZC 04-0847) PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield S:\OOCUMENTlFORMSIAOP .ORO.wpd VAKç (f ~p '.{\ fT1 .~ \..-- .~:) (::) OH!C;~N\! ---,_.,_...., _._-_.._.._._.._._-_..__.."._~_. .._~ --~_.._"--,_._..,-- ,----~