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Home My WebLink AboutORD NO 4386 ORDINANCE NO. AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO. 102-32) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM C-2 (REGIONAL COMMERCIAL) TO C-O (PROFESSIONAL AND ADMINIST- RATION OFFICE) ON 0.58 ACRE GENERALLY LOCATED ON THE SOUTH SIDE OF BRIMHALL ROAD, 1/4 MILE WEST OF COFFEE ROAD (FILE # 06-0737) 4386 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 on the south side of Brimhall Road, 1/4 mile west of Coffee Road as shown on Exhibit "B"; and WHEREAS, by Resolution No. 168-06 on August 17, 2006, 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. 102-32 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 C-2 (Regional Commercial) to C-O (Professional and Administration Office) on 0.58 acre for purposes of commercial office development; 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 regional commercial to professional and administration office 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 CECA Implementation Procedures, have been duly followed by city staff, Planning Commission and this Council; and WHEREAS, a Negative Declaration is applicable to and appropriate for this project was advertised and posted on July 25, 2006, in accordance with CECA; and WHEREAS, the general plan designation for this area allows general 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 (CECA) have been followed. -1 - ~ <of\.K~-9 c ~ >- - I- rn _ r- <..) C;;1 ORIGINAL 3. Based on the absence of evidence in the record as required by Section 21082.2 of the State of California Public Resources Code (CECA) 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 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. 4. The public necessity, general welfare and good zoning practice justify the requested change of zone from the existing zoning district to C-O (Professional and Administration Office) zone. 5. The overall design of the project, as conditioned, is consistent with the goals and policies of all elements of the general plan. 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 (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. No. 102-32 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 - <of\.K~-9 ~ ~ >- -- I- ~ Q C;;1 ORIGINAL I HEREBY CERTIFY that the foregoing Ordinance was passeWf !'P}~8 by the Council of the City of Bakersfield at a regular meeting thereof held on . 6 , by the following vote: ~~}) ABSTAIN: ABSENT: ___ ~ .....-- .......... I-- L-- ..--- COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER ~~ d. ((\ PAMELA A. McCARTHY, CMC CITY CLERK and Ex Officio Cle of the Council of the City of Bakersfield APPROVED OCT 112006 :AR~~ Mayor of the City of Bakersfield APPROVED as to fonn VIRGINIA GENNARO City Attorney By:~()1.~ Exhibits: A. Conditions B. Location Map C. Zone Map D. Legal Description Prepared by madams \ September 8. 2006 \ S:\Zonechange\Q6.0737\CC\OZc.cc.DOC -3 - ~ <of\.k~1> o % >- -- f- rn - r- <..) t) ORIGINAL EXHIBIT A CONDITIONS OF APPROVAL ZONE CHANGE No. 06-0737 PUBLIC WORKS 1. Along with the submittal of any development plan, prior to approval of improvement plans, or application for a lot line adjustment, the following shall occur: a. Provide fully executed dedication for Brimhall Road(s) to collector standards 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 ZC area is submitted, dedication can be provided with the map. This ZC area is too small to support it's own storm drainage sump. The City will allow no more than one sump per 80 acres; therefore, this ZC area must be included within the drainage area of adjoining property. seLer service must be provided to the ZC area. Submit verification to the City Engineer of th~ existing sewer system's capability to accept the additional flows to be generated through development under the new land use and zoning. b. c. 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. 2. 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 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 ZC area. CITY ATTORNEY 3. 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 CECA 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. ~ <o"'k~-9 C'"\ 0'('\ ~e 1 of2i1i _ r- <..) C;;1 ORIGINAL Prepared by madams \ September 8, 2006 \ S:\ZonechangeWr 2006'()6.()737\CC\Exha.Doc 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. 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EXHIBIT D ZONE CHANGE No. 06-0737 LEGAL DESCRIPTION FROM A C-2 (REGIONAL COMMERCIAL) TO A C-O (PROFESSIONAL AND ADMINISTRA TIVE OFFICE ZONE) Being a portion of the East 100 qcres of the Northeast quarter of Section 32, Township 29 South, Range 27 East, Mount Diablo Meridian, in the City of Bakersfield, County of Kern, State of California, more particularly described as follows: Commencing at the centerline intersection of Brimhall Road and River Ranch Drive per Tract Map No. 5035 Unit 1 filed in Book 37 of Maps at Page 58 in the office of the Kern County Recorder; Said point being marked by a concrete monument tagged "LS 5565"; Thence South 89010'42" East along the centerline of said Brimhall Road, a distance of 493.76 feet to the point of beginning; Thence (1) continuing South 89010'42" East along the centerline of said Brimhall Road, a distance of 99.88 feet; Thence (2) South 00040'48" West, a distance of 184.05 feet; Thence (3) North 89010'42" West parallel with said centerline, a distance of 70.63 feet; Thence (4) South 00040'41" West, a distance of 235.64 feet; Thence (5) North 89010'42" West parallel with said centerline, a distance of 29.25 feet; Thence (6) North 00040'41" East, a distance of 419.69 feet to the point of beginning. Contains 25,275 square feet more or less. ~ '?JAk~?> C) U' :>-. "'" I- - _ m o r- t) ORIGINAL 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 12th day of October ,2006 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4386 passed by the Bakersfield City Council at a meeting held on the 11 th day of October, 2006 and entitled: ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO.1 02-32) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM C-2 (REGIONAL COMMERCIAL) TO C-O (PROFESSIONAL AND ADMINISTRATION OFFICE) ON 0.58 ACRE GENERALLY LOCATED ON THE SOUTH SIDE OF BRIMHALL ROAD, ~ MILE WEST OF COFFEE ROAD (FILE #06-0737) PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield J<~~I" By:! ,.' / ~L DEPU Y Cit Clerk S:\DOCUMENT\FORMS\AOP .ORD.wpd <Q~K~-9 J <fl , ""'1'\ >- - t; ~ t.J ~~I(3INAI~