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Home My WebLink AboutORD NO 4350 ORDINANCE NO. J 35 O' AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONING MAP 123-22) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM C-2 (REGIONAL COMMERCIAL ZONE) TO R-2/P.U.D. (LIMITED MULTIPLE- FAMILY DWELLING ZONE/PLANNED UNIT DEVELOPMENT ZONE) ON 9.88 ACRES, GENERALLY LOCATED AT THE NORTHEAST CORNER OF PANAMA LANE AND ASHE ROAD STREET (ZC NO. 05-1445). WHEREAS, in accordance with the procedures 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 at the northeast corner of Panama Lane and Ashe Road; and WHEREAS, by Resolution No, 74,06 on April 6, 2006, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 05-1445 as delineated on attached Zoning Map 123-22 marked Exhibit "A", by this Council and this Council has fully considered the recommendations made by the Planning Commission as set forth in that Resolution and restated herein; 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 C-2 (Regional Commercial Zone) to R-2/P.U.D, (Limited Multiple-Family Dwelling Zone/Planned Unit Development Zone) on 9.88 acres, and the Council has considered said findings as restated herein and all appear to be true and correct; and WHEREAS, a Negative Declaration with mitigation was advertised and posted on February 15, 2006, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows for high medium density residential development and public facilities; and WHEREAS, the City Council has considered and concurs with the following findings made by the Planning Commission as set forth in Resolution No. 74-06, adopted on April 6, 2006: 1. All required public notices have been given. 2. The provisions of the California Environmental Quality Act have been followed. 3, Based on the intial study and comments received, staff has determined that the proposed project could not have a significant effect on the environment. A Negative Declaration was prepared for the project in accordance with CEQA. 4. The proposed project is consistent with the surrounding land uses. 5. The proposed project, as shown on Exhibit "A," is consistent with the Metropolitan Bakersfield General Plan. 1 , P-K' «Ó '<">" o 0' -'0 >- - I-- iT¡ Õ 081GINA> 6. The public necessity, general welfare and good planning practices justify the requested zone change, as shown on Exhibit "A." 7. Based on the absence of evidence in the record as required by Section 21082.2 of the State of California Public Resources Code (CEQA) for the purposes 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 of the State of California Fish and Game Code. Additionally the assumption of adverse effect is rebutted by the above-referenced absence of evidence in the record and the lead agency's decision to prepare a Negative Declaration for this project. 8. The laws and regulations relating to the preparation and adoption of Negative Declarations as set forth in CEQA, the State CEQA Guidelines, and the City of Bakersfield CEQA Implementation Procedures, have been duly followed by city staff and the Planning Commission. SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: 1. That the above recitals, incorporated herein, are true and correct. 2. The Negative Declaration is hereby 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 certain property in said City, the boundaries of which property is shown on Zoning Map 123-22 marked Exhibit "A" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "B ". 4. Such zone change is hereby made subject to the "Mitigation/Conditions of Approval" listed in attached Exhibit "C", subject to approval of GPA No. 05-1445. 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 X 'òF\l(['5) o (f! "" >- ~:: )2:1 ,.... c' »RW~JAI'-" ~----,---,~< ~<.__..._. -- ---,-- '~.,--'~.~-_._---- I HEREBY CERTIFY that the foregoing Ordinance was passed and ad9pled, ~~ð~e Council of the City of Bakersfield at a regular meeting thereof held on JUN 2 1 by the following vote: :--~6~ s: ABSTAIN: ABSENT v--- ~ .-' COUNCILMEMBER COUCH, CARSON, BENHAM. MAGGARO. HANSON. SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER PAMELA A. McCARTHY, CMC CITY CLERK and Ex Officio Clerk Council of the City of Bakersfield APPROVED JUN 2 1 2006 APPROVED as to form VIRGINIA GENNARO City Attorney By: /d}(Ai:11h ~ ¡ Exhibit A - Zoning Map 123-22 B - Zone Change Legal Description C - Mitigation/Conditions of Approval PH - S:\GPA 1st 2006\05-1445\Resolutions\CC ZC Ordinance.doc 3 ,<,?>M~l' o ~, ~ '::'.~ p-' , (,'. ')RlliINAl' Exhibit A Zoning Map 123-22 <¡,M;:, x '-)' 0, d' ~ -<' " n-j ~ 1-/r)RìG¡:~A.¡ ; , i I ¡ ~a.... '!!«o ... ... "'::2:>-' g¡ " iie> Z 5.Z¡:¡ "'0' 5N¡¡¡ .¡ (\.I. N~ '" I '" '() N ~ ~ t il !¡ i -. . ~B ... - ~. ¡iiU ~ I I~ ~. ¡ , ....11.. .. I w. I i ¡¡ g§ ;: I : I ì ~~. i I . I ; iì3~~ w~.. i wi h " ~ ! !. ~ I . !~t ~¥ i_I_;_s ~ 1.1 i-' I- Ii ~ 2hl~;~i¡.!jUhl dl .! !ww~ HI ih....¡I~U. !;;,I~ . i' h!;3 ª II iJI~t:~~;íHjp~~~ .h¡¡ '~liA.~1 i~ 2'"'-'~'ì I ~I.j i_.f'Ai; w!~_ ;/ ~I!i~ .d§ i!'! ~~ 8 ~.i u i I H !!'! 01' H :J~~ ¡;¡¡ .}!i.l:DW -i..2ilo"VD1,..ti:¡...~t~~:;'Hi;"',"", !!;mmlh~!h~h hhllmHiUhU .: s; .. . .... ð 0 _..... D_... I I" ,.!" _.' ..' W.' ~.' ._.' W.' . . :1"',...1;1.. .;& ......" ..¡ " or ~ ':IIVUVY&;:I::ISI'..clILu oli.h........ ZONE CHANGE 05-1445 a_~If'"", ,.. , , , r i:i: , -.-- L_______ n'______,-u 'N ¡ .,. :I '", N i . .. :I ¡ « 1 1 :I .~¡ tZ.M "." N$ ~. !fi $il m . ~ .. ~ 1 ¡ ~ Ifi if! D!I~II~ . R~UI~I IIJUlm . . IIiUliiS rm:uu ~g!5i1 '< '6M[-s> ZONING MAP 123,,"22 ':: - m " i:::: '"'RI(;iNAJ Exhibit B Zone Change Legal Description , 'òA.Kf'.-):> :~ ,y ~" 11 0>- - m ~, ~- '---~ . , ./ORI(')i~JAI'"' +---.-- -.- -....--~,-'"-.- ..---- -.--.-, --.- ._-,,_.._---,.~._- ZONE CHANGE NO. 05-1445 From C-2 to R-2IP.U.D.: BEING A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 30 SOUTH, RANGE 27 EAST, M.D.M., IN THE CJTY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CAUFORNIA, MORE PARTIaJLARY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 22 SAID CORNER ALSO BEING THE CENTERUNE INTERSECTION OF PANAMA LANE, AND ASHE ROAD; THENCE ALONG THE CENTERUNE OF SAID ASHE ROAD, NORTH 00°48'56· EAST, A DISTANCE OF 89.91 FEET; THENCE DEPARTING FROM SAID CENTERUNE, SOUTH 89011'04· EAST TO A POINT lYING 60.00 FEET EASTERLY AND PARRAllEL TO SAID CENTERUNE, SAID POINT ALSO BEING THE EASTERLY RIGHT OF WAY OF SAID ASHE ROAD AND THE POINT OF BEGINNING; THENCE (1) ALONG SAID EASTERLY RIGHT OF WAY NORTH 00°48'56· EAST, A DISTANCE OF 300.09 FEET; THENCE (2) NORTH 00°03'09. WEST, A DISTANCE OF 210.65 FEET; THENCE (3) NORTH 06°07'09. EAST, A DISTANCE OF 90.37 FEET; THENCE (4) NORTH 00°48'56" EAST, A DISTANCE OF 45.02 FEET; THENCE (5) DEPARTING FROM SAID RIGHT OF WAY SOUTH 89"11'04· EAST, A DISTANCE OF 116.69 FEET; THENCE (6) NORTH 89°35'47. EAST, A DISTANCE OF 47.79 FEET; THENCE (7) NORTH 87°06'44" EAST, A DISTANCE OF 49.58 FEET; THENCE (8) NORTH 84°34'56" EAST, A DISTANCE OF 49.58 FEET; THENCE (9) NORTH 82°03'08" EAST, A DISTANCE OF 49.58 FEET; THENCE (10) NORTH 79°31'20" EAST, A DISTANCE OF 49.58 FEET; THENCE (11) NORTH 76°59'32" EAST, A DISTANCE OF 49.58 FEET; THENCE (12) NORTH 74°27'44" EAST, A DISTANCE OF 49.58 FEET; THENCE (13) NORTH 72°59'26" EAST, A DISTANCE OF 8.10 FEET; THENCE (14) SOUTH 19°28'43" EAST, A DISTANCE OF 217.96 FEET; THENCE (15) SOUTH 23°47'32" EAST, A DISTANCE OF 308.49 FEET; THENCE (16) SOUTH 20°43'42" EAST, A DISTANCE OF 39.55 FEET; '< ;oM¡::,,,," o 0~ è: ;; -;', -'-"(iHìGiNí\1 TI-iENCE (17) SOUTH 14°16'12" EAST, A DISTANCE OF 43.82 FEET; TI-iENCE (18) SOUTH 07°28'52" EAST, A DISTANCE OF 43.82 FEET; TI-iENCE (19) SOUTH 00°16'31" EAST, A DISTANCE OF 49.19 FEET; THENCE (20) SOUTH 03°32'09" WEST, A DISTANCE OF 16.64 FEET TO A POINT ON TI-iE NORTH RIGHT OF WAY OF SAID PANAMA LANE AND THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 2055.00 FEET; THENCE (21) ALONG SAID RIGHT OF WAY AND SAID QJRVE TI-iROUGH A CENTRAl ANGLE OF 02°06'28"; A DISTANCE OF 75.60 FEET; THENCE (22) NORTI-i 88°12'48" WEST, A DISTANCE OF 330.03 FEET; TI-iENCE (23) NORTI-i 84°19'02" WEST, A DISTANCE OF 120,43 FEET; THENCE (24) NORTH 89°04'51" WEST, A DISTANCE OF 190.15 FEET; THENCE (25) NORTI-i 44°07'38" WEST, A DISTANCE OF 28.33 FEEITO THE POINT OF BEGINNING. CONTAINS 9.88 ACRES, MORE OR LESS . 'ò"-K;:-ý ~ ,5' \.) ,.0;\ >- m >:: r- ',.) t::;. ORIGINAL Exhibit C Mitigation/Conditions of Approval . "P-Kf' 5' c~- . ,p .. -(, > iTl ,- '. . 'iRI(;INAI EXHIBIT C MitigationlConditions of Approval General Plan Amendment/Zone Change No. 05-1445 MITIGATION MEASURES FROM NEGATIVE DECLARATION: Cultural Resources: 1, If cultural resources are encountered during construction, a qualified archaeologist shall be retained by the developer to evaluate the significance of the resources and to formulate a mitigation program if necessary. The archaeologist shall coordinate with the City of Bakersfield Planning Department. Mitigation for potentially significant cultural resource impacts. 2. If human remains are discovered during grading or construction activities, work would cease pursuant to Section 7050.5 of the California Health and Safety Code. If human remains are identified on the site at any time, work shall stop at the location of the find and the Kern County Coroner shall be notified immediately (Section 7050.5 of the California Health and Safety Code and Section 5097.98 of the California Public Resources Code which details the appropriate actions necessary for addressing the remains) and the local Native American community shall be notified immediately. Mitigation for potentially significant cultural resource impacts. ADDITIONAL CONDITIONS OF APPROVAL: Public Works: 3. Along with submittal of any development plan, improvement plan, or application for a lot line adjustment, the following shall occur: a. Provide fully executed dedication for Panama Lane and Ashe Road to arterial standards, including right turn lanes, for the full frontage of the area within the GPA 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 GPA/ZC area is submitted, dedication can be provided with the map. b. This GPAllC 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 GPAlZC area must be included within the drainage area of adjoining property. The developer shall provide a drainage study for the GPAlZC area and shall show that arrangements have been made for the disposal of the storm water in accordance with City standards and policies and all other applicable rules and regulations. c. Sewer service must be provided to the GPAlZC area. 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. 0Þ,K",ç '( 'Ü; C' ~, > n~ ~ ~ "-;; (', - OR\C\N;\\ Exhibit C GPA/ZC No. 05-1445 Conditions of Approval 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. For orderly development. 4. Payment of median fees for the arterial frontage of the property within the GPA/ZC request is required prior to recordation of any map or approval of any improvement plan for the GPA/ZC area. For orderly development. 5. Prior to the issuance of any building permit, the developer shall pay the applicable Regional Transportation Impact Fee (RTIF) to the satisfaction of the City of Bakersfield Public Works Department. For orderly development. City Attornev: 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. Page 2 of 2 ~)i'<K¡::^, '< ,<r o ~ >- en '....~ , - ,~ ,.... '.' ~GRlliIN.~i ~"-"-"'--- 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 22nd day of June, 2006 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4350 passed by the Bakersfield City Council at a meeting held on the 21st day of June, 2006 and entitled: ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONING MAP 123-22) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM C-2 (REGIONAL COMMERCIAL ZONE) TO R-2/P.U.D. (LIMITED MUL TIPLE- FAMILY DWELLING ZONE/PLANNED UNIT DEVELOPMENT ZONE) ON 9.88 ACRES, GENERALLY LOCATED AT THE NORTHEAST CORNER OF PANAMA LANE AND ASHE ROAD STREET (ZC NO. 05-1445) PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield BY~' ~ 0 ~3:u:k DEPU City C rk S :\DOCUMENTlFORMSIAOP. ORD .wpd > s: ",<?,Þ,I;".;o. \.ì {j' - -.:í "1 ,; ()F1iCiNA!