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Home My WebLink AboutORD NO 4260 ORDINANCE NO. 4(! 6 0 AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO. 123-22) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM AN R-2 (LIMITED MULTIPLE FAMILY DWELLING) ZONE TO A C-2 (REGIONAL COMMERCIAL) ZONE ON 11,965 SQUARE FEET, AND FROM A C-2 (REGIONAL COMMERCIAL) ZONE TO AN R-2 (LIMITED MULTIPLE FAMILY DWELLING) ZONE ON 13,030 SQUARE FEET GENERALLY LOCATED NORTH OF PANAMA LANE, EAST OF ASHE ROAD (FILE NO. 05-0099). 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 north of Panama Lane, and east of Ashe Road; and WHEREAS, by Resolution No. 50-05 on May 5, 2005, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve the zone change as delineated on attached Zoning Map No. 123-22 marked Exhibit "C", 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 zone change consists of a request to change the zoning from and R-2 (Limited Multiple Family Dwelling) zone to a C-2 (Regional Commercial) zone on 11,965 square feet (0.275 acres), and from a C-2 (Regional Commercial) Zone to an R-2 (Limited Multiple Family Dwelling) zone on 13,030 square feet (0.299 acres) to allow a minor adjustment in the zone boundary to facilitate development of related Vesting Tentative Tract 6475; 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, and the Council has considered said findings and all appear to be true and correct; 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, for the above described project, an initial study was conducted and it was determined that the proposed project would not have a significant effect on the environment and a Negative Declaration was prepared and approved by the City Council on November 3, 2004, in conjunction with General Plan Amendment/Zone Change 03-1169, and in accordance with CEQA; and WHEREAS, said Negative Declaration is applicable to and appropriate for this project; and WHEREAS, there have been no substantial changes to the project or circumstances under which it will be undertaken; and -1 - « ~1I.K~-9 C) ~ >- - ..... m - ,... Q C:> ORiGINAL WHEREAS, no new environmental impacts have been identified; and WHEREAS, the general plan designation for this area allows residential and commercial development; and WHEREAS, the City Council has considered and hereby makes the following findings: 1. All required public notices have been given 2. The provisions of the California Environmental Quality Act (CEQA) have been followed. 3. The public necessity, general welfare and good zoning practice justify the requested change of zone from the existing zoning district to R-2 and C-2 zones as described above. 4. The overall design of the project, as conditioned, is consistent with the goals and policies of all elements of the general plan. 5. The conditions of approval, attached hereto as Exhibit "A" are needed to provide for orderly development, and the public health, welfare and safety; and SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: 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 (Zonin9 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 certain property in said City, the boundaries of which property is shown on Zoning Map. No. 123-22 marked Exhibit "C" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "D ". 4. Such zone change is hereby made subject to the conditions of approval listed in attached Exhibit "A". 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 - ~ ~r>.Kê-9 C) ~ ~ - ..... In - ,... t.:J ~ ....._,...·\I.·~1 I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on JUt G 2005 by the following vote: ~ NOES: ABSTAIN: ('¡>'B(>E-"!I) v V V-/ V v-- ......-. COUNCILMEMBER COUCH. CARSON. BENHAM. MAGGARD. HANSON. SULLIVAN. SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER ~~",à I) PA1f::ÆR~ ¡4ì CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED 'JVL G 2005 APPROVED as to form VIRGINIA GENNARO City Attorney By:~7rh~ Exhibits: A. Conditions. B. Location Map. C Zone Map D. Legal Description Jeng \ S:\TRACTS\6475\ZC 05-0099\CC\OlC-CC.DOC 6/14/2005 - 3 - ~ ~t.Kê<2 C) ~ >- - ':= P2 Q t:J ORIG1NAl EXHIBIT "A" ZONE CHANGE # 05-0099 CONDITIONS OF APPROVAL CITY ATTORNEY 1. 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. MITIGATION MEASURES (FROM GPA/ZC 03-1169) Cultural Resources 2 If any human remains are discovered, all work shall stop until the Kern County Coroner has been notified and has evaluated the remains. If any other archaeological artifacts are discovered during site development, all work shall stop until the find has been evaluated by a qualified archaeologist or historian. 3 If cultural resources are unearthed during ground disturbance activities, all work shall halt in the area of the find. A qualified professional archaeologist shall be called in to evaluate the findings and make the appropriate mitigation recommendations. Air Qualitv (WZIINC.) 4. Mitigation Measures for Construction Equipment Exhaust The following mitigation measures shall be utilized during the construction phase of the project to reduce construction exhaust emissions. These mitigation measures are stated in the GAMAQI guidance document as approved mitigation for construction equipment: . Properly and routinely maintain all construction equipment, as recommended by manufacturer manuals, to control exhaust emissions. By Jeng /S:\TRACTS\6475\ZC 05-0099\CCIEX A.doc 6/14/2005 ~ 'ðA/(t<2 C) ~ ;.. - ..... In - ,... <.) ORIGlNAf' Exhibit "A" ZC # 05-0099 Page 2 of 2 · Shut down equipment when not in use for extended periods of time to reduce emissions associated with idling engines. · Encourage ride sharing and use of transit transportation for construction employee commuting to the project sites. · Use electric equipment for construction whenever possible in lieu of fossil fuel-fired equipment. · Curtail construction during periods of high ambient pOllutant concentrations; this may include ceasing of construction activity during the peak-hour of vehicular traffic on adjacent roadways. 5. Mitigation Measures for Fugitive Dust Emissions Construction of the project requires the implementation of control measures set forth under Regulation VJIJ, Fugitive PM10 Prohibitions of the San Joaquin Valley Air Pollution Control District. The following mitigation measures, in addition to those required under Regulation VIII, can reduce fugitive dust emissions associated with these projects: · All disturbed areas, including storage piles, which are not being actively utilized for construction purposes, shall be effectively stabilized of dust emissions using water, chemical stabilizer/suppressant, covered with a tarp or other suitable cover, or vegetative ground cover. · All onsite unpaved roads and offsite unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizer/suppressant. · All land clearing, grubbing, scraping, excavation, land leveling, grading, cut and fill, and demolition activities shall be effectively controlled of fugitive dust emissions utilizing application of water or by presoaking. · When materials are transported offsite, all material shall be covered, or effectively wetted to limit visible dust emissions, and at least six inches of freeboard space from the top of the container shall be maintained. · All operations shall limit or expeditiously remove the accumulation of mud or dirt from adjacent public streets at the end of each workday. (The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions. Use of blower devices is expressly forbidden). · Following the addition of materials to, or the removal of materials from, the surface of outdoor storage piles, said piles shall be effectively stabilized of fugitive dust emissions utilizing sufficient water or chemical stabilizer/suppressant. · Within urban areas, trackout shall be immediately removed when it extends 50 or more feet from the site and at the end of each workday. · Any site with 150 or more vehicle trips per day shall prevent carryout and trackout. · Asphalt-concrete paving shall comply with San Joaquin Valley Air Pollution Control District Rule 4641 and restrict the use of cutback, slow-cure and emulsified asphalt paving materials. · Cease grading activities during periods of high winds (greater than 20 mph over a one-hour period) · Limit construction-related vehicle speeds to 15 mph on all unpaved areas at the constructions site. · Wash off construction and haul trucks to minimize the removal of mud and dirt from the project sites. 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""'iÒ:Î:: d o_~~ci_.. ~ ~ ~~ :'::. . , . u. . ...... . "0 0...... co. ...." "'~uO"""''''~~Q~.c...vxo~.__~~~ ~ ~~_ ell h,f N1> EXHIBIT C ZONE CHANGE 05-.0099 + .., + , ~ , > , ~ N ~ U N_ , " " '" Ò,$ , , L__________ N dO :i -------...--,--- N , :i , ò; ^' . , " I ~~ h I . , - 15 - z · · t, 0 , :; ~ ~ .r , . ,- , ~ ~ · . · , .. .; = ..,,'" N :i .. ;, ." d; """ . "- 0 § z · · . : .r - - ~!; '^"' ~i-O -.- ~ - §¡¡!~ ~~~ " sd; . g~. ilmm ·'umu N_ il!ii~~m Q:;~ N Øuum ü 3::!sS!!S:]-¡ + - 0 + I- IJ. rZ'l - ~ ~ X ~ A/(~-9 C) iÞ . . ZONING MAP "¡23 - 22 iñ - ,... " 0R/GINAf' EXHIBIT "D" ZONE CHANGE NO. 05-0099 LEGAL DESCRIPTION Page 1 of 2 ALL THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 30 SOUTH, RANGE 27 EAST, M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS: PROPOSED C-2 (FROM R-2) COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 22; THENCE NORTH 00°48'56" EAST ALONG THE WEST LINE OF SAID SECTION 22, ALSO BEING THE CENTERLINE OF ASHE ROAD, A DISTANCE OF 718.99 FEET; THENCE DEPARTING SAID CENTERLINE AT RIGHT ANGLES. SOUTH 89°11'04- EAST, 55.02 FEET TO THE EAST RIGHT-OF-WAY LINE OF ASHE ROAD AND TO THE POINT OF BEGINNING; THENCE ALONG THE FOLLOWING COURSES: 1) NORTH 00°03'24" WEST, A DISTANCE OF 1.01 FEET; THENCE 2) NORTH 00°48'56" EAST, A DISTANCE OF 15.62 FEET; THENCE 3) SOUTH 89°11'04" EAST, A DISTANCE OF 126.65 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 1,123.00 FEET; THENCE 4) EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 18°01'55", AN ARC DISTANCE OF 353.43 FEET; THENCE 5) SOUTH 19°28'43" EAST, A DISTANCE OF 27.00 FEET; THENCE 6) SOUTH 69°45'41" WEST, A DISTANCE OF 129.32 FEET; THENCE 7) NORTH 89°11'04" WEST, A DISTANCE OF 362.93 FEET TO THE POINT OF BEGINNING. CONTAINING 11,965 SQUARE FEET, MORE OR LESS. ,..- '--."--- ~ 'ò AK~-9 C) ~ ;.. - ..... m - t- o C:> ORIGINAL ,I ( \ " _ _,_m_H_'"_ ____ _,____...~"_.. _.. _ ..~___._._",.., __," (CONTINUED) Page 2 of 2 PROPOSED R-2 (FROM C-2) COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 22; THENCE NORTH 00°48'56" EAST ALONG THE WEST LINE OF SAID SECTION 22, ALSO BEING THE CENTERLINE OF ASHE ROAD, A DISTANCE OF 718.99 FEET; THENCE DEPARTING SAID CENTERLINE AT RIGHT ANGLES, SOUTH 89°11'04" EAST, A DISTANCE OF 417.95 FEET; THENCE NORTH 69°45'41" EAST, A DISTANCE OF 12932 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE FOLLOWING COURSES: 1) CONTINUING NORTH 69°45'41" EAST, A DISTANCE OF 14.75 FEET; THENCE 2) SOUTH 20°14'19" EAST, A DISTANCE OF 159.53 FEET TO THE BEGINNING OF A CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 621.00 FEET; THENCE 3) SOUTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 03°33'13", AN ARC DISTANCE OF 38.52 FEET; THENCE 4) SOUTH 23°47'32" EAST, A DISTANCE OF 365.74 FEET TO THE BEGINNING OF A CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 379.00 FEET; THENCE 5) SOUTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 27°19'41", AN ARC DISTANCE OF 180.77 FEET; THENCE 6) SOUTH 03°32'09" WEST, A DISTANCE OF 26.49 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF PANAMA LANE, SAID POINT BEING THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 2,055.00 FEET, FROM WHICH POINT A RADIAL LINE BEARS SOUTH 03°25'02" WEST; THENCE 7) WESTERLY, ALONG SAID CURVE AND SAID NORTHERLY RIGHT -OF-WAY LINE OF PANAMA LANE, THROUGH A CENTRAL ANGLE OF 00°23'25", AN ARC DISTANCE OF 14.00 FEET; THENCE 8) DEPARTING SAID NORTHERLY LINE, NORTH 03°32'09" EAST, A DISTANCE OF 16.64 FEET TO THE BEGINNING OF A CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 370.00 FEET; THENCE 9) NORTHERLY ALONG SAID CURVE, THROUGH CENTRAL ANGLE OF 27°19'41", AN ARC DISTANCE OF 176.48 FEET; THENCE 10) NORTH 23°47'32" WEST, A DISTANCE OF 380.48 FEET; THENCE CONTAINING 13,030 SQUARE FEET, MORE OR LESS. ~ Q:\PROJECfS\682214\1..EGALS\22 J 4ZCO l.doc JLM 01/18105 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 7th day of Julv, 2005 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4260 ,passed by the Bakersfield City Council at a meeting held on the ~day of Julv. 2005 and entitled: AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO. 123-22) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM AN R-2 (LIMITED MULTIPLE FAMILY DWELLING) ZONE TO A C-2 (REGIONAL COMMERCIAL) ZONE ON 11,965 SQUARE FEET, AND FROM A C-2 (REGIONAL COMMERCIAL) ZONE TO AN R-2 (LIMITED MULTIPLE FAMILY DWELLING) ZONE ON 13,030 SQUARE FEET GENERALLY LOCATED NORTH OF PANAMA LANE, EAST OF ASHE ROAD (FILE NO. 05-0099) PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield BY_~ ~ DEPU Y City lerk S:\OOCUMENnFORMS\AOP. ORD. wpd « ~AK~?> C) l!;, ;.. - ..... m - ,... <.) C:> ORIGINAL