HomeMy WebLinkAboutORD NO 4398
ORDINANCE NO.
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AN ORDINANCE ADOPTING A NEGATIVE DECLARATION
AND AMENDING SECTION 17.06.020 (ZONING MAP 103-21)
OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL
CODE BY CHANGING THE ZONING FROM C-2 (REGIONAL
COMMERCIAL ZONE) TO R-3 (MULTIPLE-FAMILY DWELLING
ZONE) ON 1.4 ACRES AND R-2 (LIMITED MULTIPLE-FAMILY
DWELLING ZONE) ON 3.8 ACRES, GENERALLY LOCATED
ON THE EAST SIDE OF SUNNY LANE, APPROXIMATELY 200
FEET SOUTH OF COLUMBUS STREET (ZC NO. 06-0465).
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 within the City of
Bakersfield generally located on the east side of Sunny Lane, approximately 200 feet south of
Columbus Street; and
WHEREAS, by Resolution No. 197-06 on September 21,2006, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve Zone Change No. 06-0465 as delineated on attached Zoning Map
103-21 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-3 (Multiple-Family Dwelling Zone) on 1.4 acres and R-2 (Limited Multiple-Family Dwelling
Zone) on 3.8 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 July
26, 2006, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows for high-medium density
residential and high density residential development; and
WHEREAS, the City Council has considered and concurs with the following findings
made by the Planning Commission as set forth in Resolution No. 197-06, adopted on
September 21, 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 CECA.
4. The proposed project is consistent with the surrounding land uses.
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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."
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 CECA 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 those
certain properties within the City of Bakersfield, the boundaries of which property
are shown on Zoning Map 103-21 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. 06-0465.
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.
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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 DEe 1 ~ 1006
by the following vote:
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NOES:
ABSTAIN:
ABSENT:
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COUNCILMEMBER CARSON, BENHAM, WEIR, COUCH. HANSON, SULLIVAN. SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
~
CMC
CITY CLERK and Ex 0 Icio Clerk of the
Council of the City of Bakersfield
APPROVED
DEe 13 200S
HARVEY L. HALL
Mayor of the City of Bakersfiel
APPROVED as to form
VIRGINIA GENNARO
City Attorney
BY:~'~
Exhibit A - Zoning Map 103-21
B - Zone Change Legal Description
C - Mitigation/Conditions of Approval
PH - S:\GPA 3rd 2006\06-0465\Resolutions\CC ZC Ordinance. doc
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Exhibit A
Zoning Map 1 ()3-21
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ZONE, CHANGE06~0465.
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. ZONING MAP 103';'21
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Exhibit B
Zone Change Legal Description
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LEGAL DESCRIPTION
FOR ZONE CHANGE 06-0465
BEING A PORTION OF VILLA LOT 2 OF DRURY'S ADDITION TO THE TOWN
OF KERN, IN SECTION 21, TOWNSHIP 29 SOUTH, RANGE 28 EAST, M.D.M, IN
THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, AS
PER MAP RECORDED MARCH 18, 1907 IN BOOK 1, PAGE 101 OF MAPS IN THE
OFFICE OF THE COUNTY RECORDER AND MORE P ARTICULARL Y
DESCRIBED AS FOLLOWS:
PARCEL "A" FROM C-2 TO R-3
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 21, ALSO
BEING THE INTERSECTION OF THE CENTERLINES OF COLUMBUS STREET
AND MT. VERNON AVENUE; THENCE NORTH 89035'58" WEST A DISTANCE
OF 1319.99 FEET, ON AND ALONG THE CENTERLINE OF COLUMBUS STREET
TO THE INTERSECTION OF THE CENTERLINES OF COLUMBUS STREET AND
SUNNY LANE; THENCE SOUTH 0016'42" WEST A DISTANCE OF 505.00 FEET
ON AND ALONG THE CENTERLINE OF SUNNY LANE; THENCE SOUTH
89035'58" EAST A DISTANCE OF 30.00 FEET TO A POINT ON THE EAST RIGHT
OF WAY LINE OF SUNNY LANE, AND THE TRUE POINT OF BEGINNING.
THENCE SOUTH 89035'58" EAST A DISTANCE OF 450.00 FEET, ALONG THE
SOUTH BOUNDARY OF PARCEL MAP NO. 1059 AS RECORDED JUNE 29, 1973
IN BOOK 6, PAGE 43 OF PARCEL MAPS IN THE OFFICE OF THE KERN
COUNTY RECORDER TO THE SOUTHEAST CORNER OF SAID PARCEL MAP;
THENCE NORTH 0016'42" EAST A DISTANCE OF 134.67 FEET, ALONG THE
EAST BOUNDARY OF SAID PARCEL MAP;
THENCE NORTH 89035'58" WEST A DISTANCE OF 450.00 FEET, TO SAID
RIGHT OF WAY;
THENCE SOUTH 0016'42" WEST A DISTANCE OF 134.67 FEET, ALONG SAID
EAST RIGHT OF WAY AND TO THE TRUE POINT OF BEGINNING.
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LEGAL DESCRIPTION
FOR ZONE CHANGE 06-0465
PARCEL "B" FROM C-2 TO R-2
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 21, ALSO
BEING THE INTERSECTION OF THE CENTERLINES OF COLUMBUS STREET
AND MT. VERNON A VENUE; THENCE NORTH 89035'58" WEST A DISTANCE
OF 1319.99 FEET, ON AND ALONG THE CENTERLINE OF COLUMBUS STREET
TO THE INTERSECTION OF THE CENTERLINES OF COLUMBUS STREET AND
SUNNY LANE; THENCE SOUTH 0016'42" WEST A DISTANCE OF 650.63 FEET,
ALONG THE CENTERLINE OF SUNNY LANE; THENCE SOUTH 89024'38" EAST
A DISTANCE OF 30.00 FEET, TO A POINT ON THE EAST RIGHT OF WAY LINE
OF ~UNNY LANE, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF
LOT 2 OF SAID DRURY'S ADDITION AND TRUE POINT OF BEGINNING.
THENCE SOUTH 89024'38" EAST A DISTANCE OF 630.01 FEET, ON AND
ALONG THE SOUTH LINE OF SAID LOT 2 AND TO THE SOUTHWEST CORNER
OF SAID LOT 2;
THENCE NORTH 0016'42" EAST A DISTANCE OF 447.80 FEET, ON AND ALONG
THE EAST LINE OF SAID LOT 2,
THENCE NORTH 89035'58" WEST A DISTANCE OF 180.00 FEET, TO THE EAST
BOUNDARY OF SAID PARCEL MAP NO. 1059;
THENCE SOUTH 0016'42" WEST A DISTANCE OF 300.00 FEET, ON AND ALONG
THE EAST LINE TO THE SOUTHEAST CORNER OF SAID PARCEL MAP NO.
1059;
THENCE NORTH 89035'58" WEST A DISTANCE OF 450.00 FEET, ON AND
ALONG THE SOUTH LINE AND TO THE SOUTHWEST CORNER OF SAID
PARCEL MAP NO.1 059, SAID POINT ALSO BEING THE EAST RIGHT OF WAY
OF SUNNY LANE;
THENCE SOUTH 0016'42" WEST A DISTANCE OF 145.72 FEET, ON AND ALONG
SAID RIGHT OF WAY AND TO THE TRUE POINT OF BEGINNING.
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Exhibit C
Mitigation/Conditions of Approval
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EXHIBIT C
Mitigation/Conditions of Approval
General Plan Amendment/Zone Change No. ()6-()465
MITIGATION MEASURES FROM NEGATIVE DECLARATION:
Cultural Resources:
1. If archaeological resources are encountered during the course of construction, a
qualified archaeologist shall be consulted for further evaluation. 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 the submittal of any development plan, prior to approval of improvement
plans, or with the application for a lot line adjustment or parcel merger, the following
shall occur:
a. Provide fully executed dedication for Sunny Lane Road(s) to local standards for
the full frontage of the area within the GPA request if necessary. 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 GPAlZC
area is submitted, dedication can be provided with the map,
b. This GPAlZC 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.
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,
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Exhibit C
GPAlZC No. 06-0465
Mitigation/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, The four vacant lots within this GPAlZC area 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 of the four vacant lots
within this GPAlZC 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.
Plannina:
6. Prior to the issuance of any building permit, the developer shall ensure that the height
of the existing block wall between the subject parcel and the Kern County Housing
Authority's property will be raised to a minimum of six feet; the addition shall match the
existing wall. Housing Authority request agreed to by applicant.
7. Prior to the issuance of any building permit, the developer shall ensure that the line of
sight from second-story windows and balconies to the Kern County Housing Authority's
property will be screened through the use of landscaping or other means to the
satisfaction of the Planning Director. Housing Authority request agreed to by applicant.
S, The gate at the east end of Assessor's Parcel Number 126-010-33 may remain closed
and locked and available for emergency vehicle access, Housing Authority request
agreed to by applicant.
City Attornev:
9. 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
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Exhibit C
GPAlZC No. 06-0465
Mitigation/Conditions of Approval
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,
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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 14th day of December , 2006 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4398 passed by the
Bakersfield City Council at a meeting held on the 13th day of December. 2006 and
entitled:
ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING
SECTION 17,06,020 (ZONING MAP 103-21) OF TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING
FROM C-2 (REGIONAL COMMERCIAL ZONE) TO R-3 (MUL TIPLE-
FAMILY DWELLING ZONE) ON 1.4 ACRES AND R-2 (LIMITED
MULTIPLE-FAMILY DWELLING ZONE) ON 3,8 ACRES, GENERALLY
LOCATED ON THE EAST SIDE OF SUNNY LANE, APPROXIMATELY
200 FEET SOUTH OF COLUMBUS STREET (ZC NO. 06-0465)
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
BY:~ '=i-~
DEPUTY City Clerk
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