HomeMy WebLinkAboutORD NO 4408
ORDINANCE NO.
"4408
AN ORDINANCE AMENDING SECTION 17.06.020 (ZONE MAP
NO. 103-25) OF TITLE SEVENTEEN OF THE BAKERSFIELD
MUNICIPAL CODE BY CHANGING THE ZONING R-1 (ONE
FAMILY DWELLING) ZONE TO AN R-2 (LIMITED MULTIPLE
FAMILY DWELLING) ZONE ON 0.33 ACRE GENERALLY
LOCATED AT 7400 NILES STREET, APPROXIMATELY 0.5
MILE WEST OF MORNING DRIVE (FILE # 06-1766)
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 at 7400 Niles Street, approximately 0.5 miles west of Morning
Drive as shown on Exhibit "B";
WHEREAS, by Resolution No. 237-06 on December 7, 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. 103-25
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 Planning Commission, as a result of said hearing, did make
several general and specific findings of fact which changes in zoning of the subject property
from R-1 (One Family Dwelling) to R-2 (Limited Multiple Family Dwelling) zone and the Council
has considered said findings and all appear to be true and correct; and
WHEREAS, the general plan designation for this area allows multiple residential
condominium 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 (CEQA) have
been followed.
3. Pursuant to the California Environmental Quality Act (CEQA), this request
is exempt from the provisions of the California Environmental Quality Act
(CEQA), pursuant to Section 15061(b)(3), General Rule, because it will
not affect the environment.
4. The public necessity, general welfare and good zoning practice justify the
requested change of zone from the existing zoning district to R-2 (Limited
Multiple Family Dwelling) zone.
5. The overall design of the project, as conditioned, is consistent with the
goals and policies of all elements of the general plan.
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6. The conditions of approval, attached hereto as Exhibit "A" are needed to
provide for orderly development, and the public health, welfare and
safety; and
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. That the project is exempt from CEQA.
. 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. 103-25 marked Exhibit "C"
attached hereto and made a part hereof, and are more specifically
described in attached Exhibit liD".
4. That Zone Change No. 06-1766, as outlined above, is hereby
recommended for approval with conditions of approval shown on
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.
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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
fEe 7 2007 by the following vote:
~
NOES:
ABSTAIN:
~SENT~
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COUNCILMEMBER: CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER:
COUNCILMEMBER:
COUNCILMEMBER: ~~
~Ll'~
PAMELA A. McCARTHY, CMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
FEB 7 2007
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HARVE L. HALL
Mayor of the City of Bakersfie
APPROVED as to form
VIRGINIA GENNARO
City Attorney
By. ~ 1ft- ~
Exhibits:
A. Conditions
B. Location Map
C. Zone Map
D. Legal Description
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EXHIBIT "A"
CONDITIONS OF APPROVAL
ZONE CHANGE #06-1766
PUBLIC WORKS
1. 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 Niles Street to arterial standards for the full frontage of
the area within the zone change 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 zone change area is submitted, dedication can be provided with the map.
b. This zone change area is within the Pioneer Drainage Area. The developer shall follow the
requirements of this PDA. Submit a comprehensive drainage study to be reviewed and
approved by the City Engineer. The study shall be approved and any required retention site
and necessary easements dedicated to the City.
c. Sewer service must be provided to the zone change 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.
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 zone change area.
3. Payment of median fees for the arterial frontage of the property within the zone change request is
required prior to recordation of any map or approval of any improvement plan for the zone change
area.
4. This area shall follow the requirements of the site plan review.
CITY ATTORNEY
5. 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 conditio~Jk~
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Exhibit" A"
ZONE CHANGE #06-1766
Page 2 of 2
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.
Prepared by madams \ December 12,2006 \ S:\Zonechange\Yr 2006\06-1766\CC\Exh-A.Doc
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EXHIBIT D
LEGAL DESCRIPTION FOR ZONE CHANGE # 06-1766
R-1 to R-2 ZONING
BEING A PORTION OF THE WEST HALF OF THE NORTHEAST QUARTER OF
SECTION 25, TOWNSHIP 29 SOUTH, RANGE 28 EAST MOUNT DIABLO BASE
MERIDIAN IN THE COUNTY OF KERN, STATE OF CALIFORNIA. MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTER OF SAID SECTION THENCE NORTH
89053'06" EAST, A DISTANCE OF 151.00 FEET ALONG THE CENTER LINE OF
NILES STREET, ESTABLISHED PER PUBLIC HIGHWAY EASEMENT
FORMERLY STATE HIGHWAY 178 COUNTY ROAD NO. 2879 DATED
SEPTEMBER 7, 1973 PER BOOK 4803 PAGE 344 OF OFFICIAL RECORDS;
mENCE NORTH 00037'49" EAST, A DISTANCE OF 700.00 FEET TO THE TRUE
POINT OF BEGINNING; THENCE CONTINUING ALONG SAID BEARING
NORTH 00037'49" EAST A DISTANCE OF 50.00'; THENCE NORTH 89053'06"
EAST, A DISTANCE OF 284.22 FEET; ffiENCE SOUTH 00037'10" WEST, A
DISTANCE OF 50.00 FEET; THENCE SOUTH 89053'06" WEST A DISTANCE OF
284.23 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 0.33 ACRES MORE OR LESS
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G. William Rose, LS 3479
WRA Engineering, Inc.
license Expires June 30, 2008
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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 8th day of February, 2007 she posted on the Bulletin Board at City Hall,
a full, true and correct copy of the following: Ordinance No. 4408 passed by the
Bakersfield City Council at a meeting held on the 7th day of February. 2007 and
entitled:
AN ORDINANCE AMENDING SECTION 17.06.020
(ZONE MAP NO.1 03-25) OF TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE BY CHANGING THE
ZONING R-1 (ONE FAMILY DWELLING) ZONE TO AN R-2
(LIMITED MULTIPLE FAMILY DWELLING) ZONE ON 0.33
ACRE GENERALLY LOCATED AT 7400 NILES STREET,
APPROXIMATELY 0.5 MILE WEST OF MORNING DRIVE
(FILE # 06-1766)
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
CO~ City o! Bakersfield
By: Lit'.
DEPU Y Cit Clerk
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