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Home My WebLink AboutORD NO 4353 ORDINANCE NO. 435S AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONING MAP 103-31) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM C-2 (REGIONAL COMMERCIAL ZONE) TO R-2 (LIMITED MULTIPLE-FAMILY DWELLING ZONE) ON 2.28 ACRES, GENERALLY LOCATED AT THE NORTHEAST CORNER OF V STREET AND 3RD STREET (ZC NO. 05-1021). 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 V Street and 3'd Street; and WHEREAS, by Resolution No. 65-06 on March 16, 2006, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 05-1021 as delineated on attached Zoning Map 103-31 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 (Limited Multiple-Family Dwelling Zone) on 2.28 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 8, 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. 65-06, adopted on March 16, 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, 6 The public necessity, general welfare and good planning practices justify the requested zone change, as shown on Exhibit "A." 1 X,~P,K,,<, o {,~, >- - :: ,2J " -"r)"-1ì\1!NAi- 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 103-31 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. 05-1021. 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 'OM "1> ,';- <f '-- .....(> >- m '::: f- I, C::. - :'¡R¡(."INt\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 _ JUN 21 200õ by the following vote: ---------:\ \.AYESi' NOES: ABSTAIN: ABSENT: ..........- ~ L--- L--- t- J.- COUNCILMEMBER COUCH, CARSON. BENHAM, MAGGARD. HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER APPROVED JUN 2 1 2006 APPROVED as to form VIRGINIA GENNARO City Attorney By: ¡&IJUt; 7ft, ~ Exhibit A - Zoning Map 103-31 B - Zone Change Legal Description C - Mitigation/Conditions of Approval PH, S:IGPA 1st 2006105,1021\ResolutlonslCC ZC Ordinance. doc fl. m¿ PAMELA A. McCARTHY, CMC CITY CLERK and Ex Officio Cle of the Council of the City of Bakersfield 3 \)kKf' '< '9 o ~, :>- S. ,C~J 1_7 ('> -)Hi;-;,!~-.1Ar Exhibit A Zoning Map 103-31 'OM",';", ,.~ '(j1 . -0 >- ._ m r- ,- c::, ,C)I,¡¡OlhIAI :i~. ,~!i¡ ~i! J¡J.¡ n:! d2lo i!~ !5š I~ ii.c~ ii'. I~;~ .,311 . ":..s: ;¡ ~~¡. I ä~¡ :i~ ;:~;i 1: ~MI::5! ZONE CH~~~E.05-1021 . (f) ~í 1-':~~~ ----£'----------- --- ~ ~ ~~ ¡ ~ I=[~=)GJ i ~ .. N E . . ä "'"" . !l , ~I Hil I I'~ 11= itj¡ I". I ,'. !r]J 'il i-~ 11-:1 :~i~: , , , !;1~ WJ CW !lliJ eJ ~ [IT] Œ.!J1illJ r;;;l~.1 .... 1¡¡Œ!Je~~ : eJ~~WJfiCEl!~~ .,.: li1:aL& CI foil ¡;;¡ ~ [EJ r;¡;;;¡!:]]] ! till! [E] ~ I:Iã] aJllL.'i ~~!TIHITJ[ ~ .IL, ~"'~E t..~.. ~..[JE ;¡; ~! ~ ;Jill WJ ~ WJ I 0:> I .. ! .EJ~ CTIJ [E [ill. .. ' ç!il.cœ.IEJ.ŒJ.[illeÎ7.';'¡¡[TI]¡¡mJ~B§~Gi' i~" ~!iI=[E]'Œ!:rcIT:nEnlEJfiffiJ~Œ!J~ ':' ':' e ':' ~ ~ ,! ~ ~ ~ i::: ~ ""'~U.t .. ...R: UL_ NI i ¡;¡IID CEJ !...·.I [E] [E] Œ!J @] Œ:!J : ~: "'õ. 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I ~ ! ~ § ~ j o i . iU h! _.. ~6~ ~ ~~n8t f~.SIIh ¡..uum. ~mm .nun I!!!:n::n 5,51 <J' ." ,n ('-. "ìH¡(;i!':t...: - Exhibit B Zone Change Legal Description , 'I> ÞoK ,'-'" ,-..'--,.f ~-' .....\ >- n~' S /""' C ~>, .ìHI(;¡NAí - -- ---.,,------.--- ,~_. "_._____'___a.'.___~ ~.______., , LEGAL DESCRJPTIONS (pMWNo. POI-091S) FROM C-2 TO R-2: BEING A MERGER OF PORTIONS OF LOTS 2 AND 3, OF BLOCK. 8 AND A PORTION OF VACATED "V" 8TiœF:r OF UNION ADDITION IN 11Œ CITY OF BAKERSFIELD. AS SHOWN ON THAT CERTAIN MAP-ENTITLED "SALES MAP OF KERN COUNTY LAND COMPANY". DATIID MARCH 10.1904, FILED IN TIlE OmCE OF TIlE KERN COUNTY REcORDER ON APRIL 10, 1904, ALSO BEING A PORTION OF nœ SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 29 SOUTH, RANGE 28 EA8r; M.D.M~ COUNTY OF KERN, STATE OF CALIFORNIA, AND MORE PARTICULARLY DESCRlBFD AS FOLLOWS: COMMENCING AT A POINT ON TIlE EAST LINE OF SAID SECTION 31. DISTANT 'nIEREON NOR.1H 00"04'«" WEST, 1801.29 FEET FROM TIlE SOUTHEAST C0ItNER.11ŒREOF; mENCE SOUTII 89"58'43" WEST 57.75 FEET TO THE SOUl1Œ.AST CORNER OF SAID BLOCK. 8; THENCE CONTINUING WESTERLY ON AND ALONG TIlE SOUTH LINE THEREOF, SOUTH 89"58'43" WEST. 292.49 FEETTOTIIE TR.UB POINT OF BEGINNING; THENCE CONTINUING ON AND ALONG SAID LINE, SounI 89"58'43" WEST, 150.63' FEET; THENCB NORTH ·00'01'17" WEST, .122.00 FEET; 1HENCE SOUTH 89"58'43" WEST. 55.79 FEET TO A POINT OF INTERSECTION wrrn THE EASTERLy RIGHT OF WAY LINE OF "V" STREET AS DESéRmED IN 1HAT CERTAIN DEED RECORDED IN BOOK 1323, P,AGE 210.. O.a.; 1HENCE NOR.THWE8TERL Y ON AND ALONG A ~VE CONCAVE SOUTIlWESTERLY, A RADIAL OF WHICH BEARS SOUTHS4"33'50" WEST,11fR.OUGHA CENTRALANGELOF08"32'52", wrrn A RADIUS OF 1297.86 FEET, AN ARC LÐ«ìTII OF 193.62 FEET TO TIlE BEOINJ!IING OF A REV'ER.sE CURVE CONCAVE TO THE NORTHEAST, A RADIAL OF WlDCHBEARS NORTIl76WS1" EAST, 1HR.OUGH A CENTRAL ANGLE OF 06"08'47". WlTII A RADIUS OF 1233.86 FEET, AN ARC LENGTII 13236 FEET; THENCE NORTII 89"58'43" EAST, 263,97 FEET; THENCE sourn 00"01'17" EAST,483,85 FEETTO TIŒ TRUE POINT OF BEGINNING. CONTAININO 2.28 ACRES 'òhK¡::1' ~ ú' ~, " >- - r- m ~ ~ L"": () OR!ljiNAt -..-..-----. Exhibit C Mitigation/Conditions of Approval , 'Ò"K£j-, ,~-{ ''';1' '--I -f\ :,- j"j¡ ... c> -)R<;¡NAl EXHIBIT C Mitigation/Conditions of Approval General Plan Amendment/Zone Change No. 05-1021 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. Submit a comprehensive drainage study to be reviewed and approved by the City Engineer. No more than 1 sump may be utilized to serve this area; these sumps should be located so that they may be available to serve adjacent areas as they develop. If only one sump is utilized to serve this GPAllC area, it need not be so located. The study shall be approved and any required retention site and necessary easements dedicated to the City. b. 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. c. 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 ,~, Þ, t; ¡::.. <{ ,-, ·'·S) (] (¿:;.., ': ¡¡; ,- ,..... (...... :";,r/¡C;,i'JAf-' Exhibit C GPNZC No. 05-1021 Conditions of Approval 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. 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 Consolidated 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 GPA 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 '"1<,(;;- ,,s" ':>-,j, ~, "" >- - m r- I;: .:-..., '.+IIC.¡-l.AI'· 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. 4353 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 103-31) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM C-2 (REGIONAL COMMERCIAL ZONE) TO R-2 (LIMITED MULTIPLE-FAMILY DWELLING ZONE) ON 2.28 ACRES, GENERALLY LOCATED AT THE NORTHEAST CORNER OF V STREET AND 3RD STREET (ZC NO. 05-1021) PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield BY:~ l-~ DEPU C' Clerk S.\DOCUMENT\FORMSIAOP. ORD. wpd ·~)\Kt,0 ~ "S; >- n" ~..: