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Home My WebLink AboutORD NO 4340 ORDINANCE NO. "434-0 AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO. 102-05) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE LAND USE ZONING OF THAT CERTAIN PROPERTY BEING ANNEXED TO THE CITY OF BAKERSFIELD FROM A (AGRICULTURE) TO E (ESTATE) ON 43.13 ACRES, LOCATED ON BOTH SIDE ETCHART ROAD APPROXIMATELY % MILE WEST OF COFFEE (FILE NO. 05- 1082). 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, located on the both sides of Etchart Road approximatey Y:l mile west of Coffee Road, as shown on attached Exhibit "2;" and WHEREAS, by Resolution No. 34-06 on January 19, 2006 the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 05-'082 as delineated on attached Zoning Map No. 102-05 marked Exhibit "3", 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 A (Agriculture) to E (Estate) on 43.13 acres 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, a Negative Declaration was advertised and posted on December 29, 2005, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows for single family residential development (estate size lots); and findings: WHEREAS, the City Council has considered and hereby makes the following 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 zone change from A (Agriculture) to E (Estate) on 43.13 acres. -1 - '6,'·1((9 Û' -<" rr r- '" .''\01('11')(\\- 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 "1" are needed to provide for orderly development, and the public health, welfare and safety; and SECTION 1. as follows: 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 of the Municipal Code of the City of Bakersfield 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. 102-05 marked Exhibit "3" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "4". 4. Such zone change is hereby made subject to the conditions of approval listed in attached Exhibit "1 ". 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 - . ",M,;" -'( "Ij ,\ '" ) ìD'r"'~ r r " the Council APR '---AYFS; ") '- ' NOES: ABSTAIN: :::. A!3SENT) APPROVED I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by of the City of Bakersfield at a regular meeting thereof held on 5 2006 by the following vote: v- \...../ ....' ¡,...-- t.- ¡,.. COUNCILMEMBER COUCH. CARSON. BENHAM. MAGGARD. HANSON. SULLIVAN. SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER (1.. '(,^-)'\b..~_ APR 5 2006 HAR Y L.:. HALL Mayor of the City of Bakersfiel APPROVED as to form VIRGINIA GENNARO City Att,orney f) - f/;, By: (»)/J'./a'cyft~ Ú Exhibits: 1. Conditions. 2. Location Map. 3. Zone Map123-29 4. Legal Description 02 \ S:\ZoneChangeI05-1082ICCIOZC-CCDOC March 22, 2006 ~á."""r~_ PAMELA A. McCARTH CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield - 3 - tÞ-< ':':'-5' tP '" IT r- ") t::J ""''''''01' It' EXHIBIT "1" CONDITIONS OF APPROVAL ZONE CHANGE #05-1082 PLANNING 1. 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. (Mitigation) 2. 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. (Mitigation) PUBLIC WORKS 3. Prior to approval of any development plan, improvement plan, or application for a lot line adjustment, the following shall occur: a. Provide fully executed dedication for Snow Road to arterial and Etchart Road and Quail Creek Road to collector standards for the full frontage of the area within the ZC request. Dedications shall 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. If a tentative subdivision map over the entire ZC area is submitted, dedication can be provided with the map. b. This zone change area is too small to support its own storm drainage sump. The City will allow no more than one sump per 80 acres; therefore, this zone change area must be included within the drainage area of adjoining property. The developer shall participate in the development of a Planned Drainage Area and provide a drainage study for the zone change area, showing its proportionate share of the necessary ultimate storm drainage facilities. c. Submit verification to the City Engineer of the existing sewer system's capability to accept the additional flows to be generated through development under the new land use and zoning. d. In order to preserve the permeability of the sump and to prevent the introduction of sediments from construction or from storm events, all retention and detention basins (sumps) shall have a mechanical device in the storm drain system to remove or minimize the introduction of oil, grease, trash, and sediments to the sump. This device shall be reviewed and approved by the City Engineer, and shall provide the greatest benefit to the storm drain system with the least maintenance cost. 4. The entire area covered by this Zone Change 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 lot line adjustment for any portion of this ZC area. 5. Payment of median fees for the arterial frontage of the property within the ZC request is required prior to recordation of any map or approval of any improvement plan for the ZC area. D2: S:\ZoneChange\05-1082\PCIEXH 1.doc March 22, 2006 Page¿ ~f:>, ~, '-:-r ) p ,- c- "'"".... ,~, . 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 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. D2: S:\ZoneChange\05-1082\PCIEXH 1.doc March 22, 2006 , p,K . Page 21lJ.'i- 1::;;, " '.~ "-' -, ,. , '.....f)'.-- '~1' N ex> o ~ I LO o W (!) z « :I: () W Z o N ~ ; L0 ; ; ; ; ~____________________m___ m---õ¡¡---ii;¡-------- ~ ~ Ii! ~ ~ . ~ ~ ~ < ~ ~ ~ w < : :I: ~ II> < l ________________ ïjã--ÃiiMöi,it:> , , , i , < ~ ~ ¡¡ <J CD < w , , ~i < II < Nl OÐnml3l\ < 1 2 2"W~ xhibit . ~ 21 ~;I z "!I~ ~ RU ' ~ l- . 0 < w < --------------.------ < < RDCANAI. MCCO w w < -------- ---._---- ------------ ~ .. .~~ ~ ~ . _ ;¡ Ii: .. UI : ~ < ~ :~ ~ ~ ---------------------- w ex> t t [ w < ------------- ~ < ,.¡ 10..... 0'" .'" ('01 o .... ~a.... -«'" ... .. ::!~.. ... x A\(!) Z ~z:¡ >-00 ~N'" u '" it ¡.. I ,l ~ !¡ i~ ¡¡I¥i! ~ II~¡~ c!)1! : ...1' . oJ I I h I i Ii = ., §. ¡ § I:· I ~ If ! I I ~ I i ¡!I:~~II: i i .. I.: .:,I..í-1ïllh j.B §. ~i I! ! 1IS!"lelll¡ë..=:'~§2:¡2 tc!, ~ "'~2".. ¡¡i li,I'!I.i.li~ '015 ii i~2~i il i'!::I!:1"'''-' ~.~ il°¡'ir~ \!!II.. ..§'I......e ¡¡ill. U~~!t~~,I! i·; ,; ~ 2 2~i .¡~ Ht .§~ ot~§t ~ dl'~' 0. !~~ Š ~;!~ h; h~ !.~~ h.! .ef ¡:: - ii;"A Ji..~Q..¡! rt'" i ..¡:.....: .....u .. mil ¡¡:~~ ~i !¡iii~l; F ~ :i~hii¡HU'i~ ruu iiI~~ !=I= ~r8 L 5 ,;. ~.rh¡¡" h~ h .HI t: ~ f r¡t ¡;r¡. . . .. .. cI O_OOUÔ." ! ¡ ~~ ; ......., .. ....IlL.. ~1..u..~.aa8r.4.... o,..~~...1 Exhibit 3 >- ~iJ.-: . .% ,~- :0 "0 ZONE CHANGE 05-1082 "', ~III .,... HÇ · · · Z . f ¡ ~ ~ I I · · · · = ...... .. .. ." '1110. , ~ , .. j i ~ :II 1 ~ ; i ~ I . . ! ! <C : .. -. ~ ~ ",;..9,., ",""<0",," -"..-;" ~;..' ------ ......... - ...-- -- /- r--'" I I I <c I I I So'IllIO H·Ztlt .." .., .......-.. . <c .. h .rl E=- ~~. m I L;¡. '""i ~ ~ ;~ ~ _00 øMO"r.I " " ;~ I to; " .if ". 0111 rei I"- if. · Iïr. ¡ · ¡f;;¡, ¡. 1;~! I. ¡;~~¡ 1 qþ ¡~~, .: 9;ì " : Ii · · · ~. ~ ¡ . . : <c ZONING MAP 102-05 ! , ! \'¡ Kt < ' I "~' -'d ., >- r r ~J -'ìr;!~i~'" Exhibit 4 Legal Description Zone Change Snow and Coffee Being a portion of Lots 13, 20, 21, 29 and 30 of the Sales Map of Lands for Section 5, Township 29 South, Range 27 East, Mount Diablo Base and Meridian, in the County of Kern, State of California, according to the Official Plat thereof, more particularly described as follows: ,\ Commencing at the South ~ comer of said Section 5, said point of commencement being the centerline intersection of Quail Creek Road and Snow Road; thence South 88°54'32" East along the centerline of Snow Road, 777.67 feet to the true point of beginning; (1) Thence North 54°50'34" West along the West right of way of the McCord Canal, 365.34 feet to an angle point in the existing right of way of the McCord Canal; (2) Thence North 31 °05'34" West along the West right of way of the McCord Canal, 289.00 feet to an angle point in the existing right of way of the McCord Canal; (3) Thence North 04°54'26" East along the West right of way of the McCord Canal, 447.50 feet to an angle point in the existing right of way of the McCord Canal; (4) Thence North 02°05'34" West along the West right of way of the McCord Canal, 1267.20 feet to an angle point in the existing right of way of the McCord Canal; (5) Thence North 43°49'43" West along the West right of way of the McCord Canal, 680.68 feet to a point of intersection with the centerline of Etchart Road; (6) Thence South 88°58'13" East along the centerline of said Etehart Road, 193.86 feet to the Southwest comer of Lot 13 of said Sales Map of Lands for said Section 5; (7) Thence North 00°43'54" East along the West boundary of said Lot 13 and a prolongation thereof, 1353.65 feet to a point on the West boundary of Lot 4 of said Sales Map of Lands for said Section 5; (8) Thence South 89°16'06" East, 654.65 feet to a point of intersection with the East boundary of said Lot 4 of said Sales Map of Lands for said Section 5; ZONECHANGE-SNOW-LGL.doc Page I of2 'Ó;"K¿~ _:- (.0 .,., no, ,-, IJ II') 'r:n,it·\l (9) Thence South 00°43'54" West along the East boundary of said Lots 4 and 13 of said Sales Map of Lands for said Section 5, 1357.66 feet to the Northeast comer of Lot 20 of said Sales Map of Lands for said Section 5; (10) Thence South 00°43'55" West along the East boundary of said Lot 20 of said Sales Map of Lands for said Section 5 and a prolongation thereof, 2379.90 feet to a point of intersection with the East right of way of the McCord Canal; (11) Thence South 54°15'31" East along the East right of way of the McCord Canal, 463.49 feet to a point of intersection with the centerline of said Snow Road; (12) Thence North 88°54'32" West along the centerline of said Snow Road, 266.90 feet to a point of intersection with the West right of way of the said McCord Canal, said point of intersection being the true point of beginning. Contains: 43.13 Acres ZONECHANGE-SNOW-LGL.doc Page 2 of2 ç 'Ùr':..k./-:ý C" ,I \ '~~, '"- ' - r r r <.) 'Îr>'r'\O / ¥. CALLOWAY ROAD .' ~ ,L==, (COUNTY RD. NO. 99) - !i! ~~~~~~~c:~~~.~"~~=~~~~c:~~~~"~~~~::~~~~~~~~~:::=:::;0:::::-':::::=::1:i:::=::::::::::"::::~~::::-:::::=::~~=::::~:::::"::5::::::::::":::~,r:=:~ II: :1: 'I 'I r1:I!'~ !¡'! 'I , :1: :.: ..-... :: I: , I ~ ~ JQiiiJQ ~n. ',' ?-? ¡Ii ¡i! Iii , , il'! : ¡ ", : :. , , , :1; :~~ I , ~~; ili Lt'!I ~'" ,¡1-~81' :;;:: ill! ~~!:::; ~? b : : CJ -~ 00 E;; /;, ....¡ :"1':" - .;~ ...... ..-..) ..¡:" ...." 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' I',; QUAIL ~i'" ROAD ~C: 29 (t) n _~?~ 492-GBÚ-G ~?¡'i 492-·}iKH l3 ,:-r'8,""", (3) '.., é'< :'.:C", ~'J ,~;, 49~-'JBQ<'2 , ::.~' o w " ¡¡- - 00 ~~ . 8 \I ~ 8 ;:J~ ~~ ~p .~ )., o o :1" J~;'. c .'M ..:. <.f~ r" I~) C) ····1 C> ;:~':: "~J ;;n :), ~y. :~~, <, ~b , ·...1 C¡ -..J':» c¡ Ù; <. w ,,, in, (';o.!(", (7) :~ Z N' ~,., !::!::!::!::rö£;Ci¡;;[;;!;E::.¡::;!::~ (.oIN-O E: ------------[ti ___CDCXI-JØ)UI.....(.o.IN- N-O--------- ~~~ NO ......¡;¡ ..,' b¡¡¡ ~0 .~ (/)Z(/)(/)(/)v>zv>zzzzzg g¡gp,aa~ag¡t:;:q~~~ã ~~~I::I::¡;;I::&:¡t;51~51!!:c5 titi~8f~g~<iti¡¿ti~¡¿Z . . . . . . . . . . . . . rrI=EI'T1:IE:lErrlrrlrrI:IE=ErrI::E=E ..., ~ ã5 . \\þ~, '-; .,~; :j~~~~~ ~!g~~~~ ¡¡;s¡¡ :S:!>i!"'º ~(.o.IèS~.....,~fR~ ¡;:~8:~g¡8~~ '" <> '" a:I ·r , -',~"~,,, 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 6th day of April ,2006 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4340 passed by the Bakersfield City Council at a meeting held on the 5th day of April. 2006 and entitled: AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO. 102-05) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE LAND USE ZONING OF THAT CERTAIN PROPERTY BEING ANNEXED TO THE CITY OF BAKERSFIELD FROM A (AGRICULTURE) TO E (ESTATE) ON 43.13 ACRES, LOCATED ON BOTH SIDE ETCHART ROAD APPROXIMATELY % MILE WEST OF COFFEE (FILE NO. 05-1082) PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield By: K..J..Q-':) l::u-Jè DEPUTY City Clerk S:\DOCUMENnFORMSIAOP. ORD. wpd ~' ., .) )!~:'r::~".:¡\,