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Home My WebLink AboutORD NO 4401 ORDINANCE NO. "1401 AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONING MAP 102-30) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM R-S-2.5A (RESIDENTIAL SUBURBAN 2.5-ACRE MINIMUM LOT SIZE) TO C-O/P.C.D. (PROFESSIONAL AND ADMINISTRATIVE OFFICE ZONE/PLANNED COMMERCIAL DEVELOPMENT ZONE) ON 2.5 ACRES, GENERALLY LOCATED ON THE NORTH SIDE OF BRIMHALL ROAD, APPROXIMATELY 1/8-MILE WEST OF CALLOWAY DRIVE (ZC NO. 06-0435). 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 that certain to be annexed into the City of Bakersfield generally located on the north side of Brimhall Road, approximately 1/8-mile west of Calloway Drive; and WHEREAS, by Resolution No. 189-06 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. 06-0435 as delineated on attached Zoning Map 102-30 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 R-S-2.5A (Residential Suburban 2.5- Acre Minimum Lot Size) to C-O/P.C.D. (Professional and Administrative Office Zone/Planned Commercial Development Zone) on 2.5 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 August 16, 2006, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows for commercial office 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. 189-06, 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 CEQA. 4. The proposed project is consistent with the surrounding land uses. 1 !< ~"'/(~~ C) ~ ~ - I- m - r- (.) t:7 ORIGINAL 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 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 within the City of Bakersfield, the boundaries of which property are shown on Zoning Map 102-30 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. 06-0435. 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. ---------()()()--------- 2 !< ~"'/(~'9 C) % ~ - .... IT1 - r- (.) c:;, ORIGINAL 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 3 2006 by the following vote: ~ NOES: ABSTAIN: ABSENT: "..--- ....--- ...-- ..---- .....--- 1.--- ...-- COUNCILMEMBER CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER PAMELAA. McCARTH , MC CITY CLERK and Ex 0 icio Clerk of the Council of the City of Bakersfield APPROVED DEe 13 2006 HARVEY L. HALL Mayor of the City of Bakers eld APPROVED as to form VIRGINIA GENNARO City Attorney By: ~Jfh Atr Exhibit A - Zoning Map 102-30 B - Zone Change Legal Description C - Mitigation/Conditions of Approval PH - S:\GPA 3rd 2006\06-0435\Resolutions\CC ZC Ordinance.doc 3 !< ~"'/(~~ C) ~ ~ - t: m U f; ORIGINAL Exhibit A l()ning Map 102-30 !< ~"'/(~~ C) % ~ - I- m _ r- (.) t:7 ORIGINAL ZONE CHANGE 06-0435 R-1't1I ..." HS AI AWIIOT1Y:I L.._ .+ I I I~I D I I I i ? I .. I II I ,~S sa I I I 1&1 .. '" 2lI 1 .' , 1 Iii . . fi I L____ ----- Ii ~ I I I .. I f!) I. ed ~ a: I II .C .. I cCu .. I CI) CI) CI) f!) I . Ii: Ii: Ii: ~ Ie I a: I II! a: ---I 1 N- ~ 'q CI) 1 1C 'I ~(.) S _ Ii: I I r----- :i I II> IIUI' --1 I ~ 1___0:___ ~ I .~ I/) ~ I 0: I/) U 1- _ _ _ _ _ _ _ _ Ii: ~Ii~iil _J if I f!) I J ill !! 1-:-1'?1 -:- a: ~ a: a: 1 II: =i~i!ti LJ.......________ 1&1 , t I _. ~ ,.-- .LIIH . 2: I --___L_ ~~ ~ I a: ~ ---- I i ! ~ .:i i!Esi I !:ri ~:l_I@ u~i!:\iOiiSii i~;fil~~ CI) i..."rc ~ ~ Ii: ,. ... ... I~' ~. Ii IIlh. 1I ~ ' . Ii I 0: . Ii 9b!!11 I ~ L______ 'I' ,III.. i ~ .. aa. II ~1l!ld I' iliI afzQs.f - ---r---l- -- - - --- I . IN' : S I I Iii: lihllla 1&1 I I I -- ~ 1&1 I I t a;;~~JJr s~e.~ I I I a: j!t-tI I I _1 t r---- iI;iiiiil z ,I ., ....! r,~ . :J I: .. I I ~ 'J~jU 1&1& I ' . I =1 I I .. J II J I Ii: I 1315 & JlL I/) CI) I I 'II :iI.j c 0: Ii: ...., -, I I <5 I IT1 . I I , Ia:" " ".L 11\ r + ~ ~ I- IT1 "-/01"'" HS, 0 r- c:;, OR ZONING MAP 102 - 30 0..; ,rt)~ I cr: C\I o 9Q..oS ~<(c:n l&. C\I ~:EI-' I&J :II:: ~<.!) l&.Z oZ~ >0 . ~Nfrl to) (I) Ii II ~ ,,~. .. a i I ii_f ~.,Ii 5 ~ l;Ci I .._ .... ;.. "I.' "!Ii 9;' 9- I~ Ii 21 i i.. 2' 2 i ::: -I Wi I I ...i i. ~ it v~ :l :; 5 00 I. I! i ~z..i-i-;Iill!iw s i 2IcIS!!.I:;i~1311!5! iI, IjrIIZ'h!JiJ;n~ pll I!lEi ~~~:}~=l!li;UNi~g J i..A~i&~~~rit~ CIN.r~i 2 ... ,",,01- C I...... ",,"'I"'"c i ~ ~9~ ~ ~ f~ l::8 0 ~ 38 a 5 U i z; ~ ~ z ; 12 ; ! S~ 0': t ~ r ~ . ~ . u ~ra ~ . = 9l!llz~l!l.~~iL~=zel~lu!~~z~ ..OI"E..OI"i il!/'''l!l i ;aiz...u ll!rr.rr5:;=:;=I=~iE:; Gt:;~~~ l!! ~~ E a.." 5 2_' .:lis! I 18e :!i ~a~ ~!~ 5d5 I I ~ .'t~ r- .m,- u c !r;a .;;;j Hk !~! !:=~ ij".. ~2. !t- ~. j;!a! i 00 ~ ~ ' at=- I~ Is- - c!! ;~ a ~ ~f- Iln ,P.I~ . 8"Z I... ...~ ia"i N~lr2 It-....... .t~.-I! 1-"'0'" ...alla ; nS =e:i i!:~:i ,15"8 ;idi I I .. lil S I z i I i .. .. ;... II i! ! I ..! "IN: I .~ *.. 1~2":,c II ;5 CCz;:1 ..w~ ..I: .o"u!u..~!" ~f..i~;taf=!~..1 K:lI...~ltl:a .~. ~ii"'-,~~C4c:l~:c 5 !l;uz~=:!iz'~t~..-I" .. Uo ---.:5 .. -Iii hl~H!!-I:!illi= CC\ll'ccc~...o~"'" i 0 I~ ffi I !I" ~ " I: . I&J I' , -J : ~ ~ ~~ ..... <$ <$ <1 Ii ..... t:t ttt~ ~.z =:t~Z%~r;8Wct..3ioi:~~.=lw Exhibit B l()ne Change Legal Descripti()n !< ~"'I(~~ C) ~ ~ - .... m - ,.... u c:;, OfUGM. From R-S-2.5A to C-O/P.C.D. The east half of the east half of the southwest quarter of the southeast q.\Jarter of the . .. southeast quarter of Section 30, Township 29 South, Range 27 East, Mount Diablo Base and Merldian, in the unincorporated area, County of Kem, State of Califomia. Excepting therefrom the Southerly 30 feet thereof. !< ~AI(~'9 o % ~ - .... IT1 - r- (.) c:;, ORIGINAb Exhibit C Mitigati()n/C()nditi()ns ()f Appr()val !< ~"'/(~~ C) ~ ~ - I- m - r- (.) <::7 ORIGINAL EXHIBIT C Mitigati()n/C()nditi()ns ()f Appr()val General Plan AmendmentlZ()ne Change N(). 06-0435 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 cu/tural 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 Brimhall Road to arterial standards for the full frontage of the area within the GPAlZC 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 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. The developer shall participate in the development of a Planned Drainage Area and provide a drainage study for the GPAlZC area, showing its proportionate share of the necessary ultimate storm drainage facilities. ~ <oA/(~'9 C) ~ ).. - ~ m - r- (.) c:;, ORIGINAL Exhibit C GPAlZC No. 06-0435 Mitigation/Conditions of Approval 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. For orderly development. 4. The entire area covered by this GPAlZC 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 GPAlZC area. For orderly development. 5. Construct all street improvements to full width including any expanded intersection for Brimhall Road adjacent to the GPAlZC area boundary. For orderly development. 6. With any development of this GPAlZC area, construction of the median in Brimhall Road is required. The limits of construction shall be from Calloway Drive to a point as near the western boundary of this GPAlZC area as is compatible with the required pavement transition. For orderly development. 7. Access to the arterial streets will be limited and determined at time of division or development. Determination of whether a right turn lane is required at the access street(s) will also be made at the time of division or development. A full access opening will only be considered if the developer funds and installs a traffic signal at the site entrance. Said signal will only be permitted if a signal synchronization study is submitted and approved, which shows progression is not adversely affected. For orderly development. 8. 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: 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 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 Page 2 of 3 ~ ~"'/(~~ <:) % ~ S- t:: c,.) ORIGINAL Exhibit C GPAlZC No. 06-0435 Mitigation/Conditions of Approval 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 3 of 3 ~ ~A/(~'9 c:s ~ ~ - I- m C3 6 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 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. 4401 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 102-30) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM R-S-2.5A (RESIDENTIAL SUBURBAN 2.5-ACRE MINIMUM LOT SIZE) TO C-O/P.C.D. (PROFESSIONAL AND ADMINISTRATIVE OFFICE ZONE/ PLANNED COMMERCIAL DEVELOPMENT ZONE) ON 2.5 ACRES, GENERALLY LOCATED ON THE NORTH SIDE OF BRIMHALL ROAD, APPROXIMATELY 1/8-MILE WEST OF CALLOWAY DRIVE (ZC NO. 06-0435) PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield BY:~ W<: DEPU Y Ci Clerk S:\DOCUMENT\FORMS\AOP .ORD.wpd ~"/(~~ ~ ~ >- .- I- rn _ r- <.) 0 ORIGINAL