HomeMy WebLinkAboutORD NO 4416
ORDINANCE NO. 4 4 1 6
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION
AND AMENDING SECTION 17.06.020 (ZONING MAP 103-22)
OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL
CODE BY CHANGING THE ZONING FROM PUD (PLANNED
UNIT DEVELOPMENT ZONE) TO R-2 (LIMITED MULTIPLE
FAMILY DWELLING ZONE) ON APPROXIMATLEY FIVE
ACRES AND R-1-CH (ONE FAMILY DWELLING
ZONE/CHURCH COMBINING ZONE) TO R-2 ON ONE ACRE,
GENERALLY LOCATED NORTH OF BERNARD STREET,
APPROXIMATELY 900 FEET WEST OF OSWELL STREET. (ZC
NO. 06-0668).
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 north of Bernard Street approximately 900 feet west of Oswell Street; and
WHEREAS, by Resolution No. 271-06 on December 21, 2006, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve Zone Change No. 06-0668 as delineated on attached Zoning Map
103-22 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 PUD (Planned Unit Development
Zone) to R-2 (Limited Multiple Family Dwelling Zone) on approximatley five acres and R-1 CH
(One Family Dwelling Zone/Church Combining Zone) to R-2 on one acre, 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
November 1, 2006, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows 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. 271-06, adopted on
December 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 withwith CEQA.
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4. The proposed project is consistent with surrounding 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".
7. 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 103-22 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.
06-0668.
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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Page 2 of 3
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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 March 14, 2007 by the following
vote:
AYES: COUNCILMEMBER
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
v ,/'/ / /'
CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER
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PAMELA A. McCARTHY, CMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED MAR 1 4 2007
HA VE L. HALL
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
By. ~~ JJ7, 4Aif
Exhibit A - Zoning Map 103-22
B - Zone Change Legal Description
C - Mitigation/Conditions of Approval
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Exhibit A
Zoning Map 103-22
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Exhibit B
Zone Change Legal Description
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ZONE CHANGE LEGAL DESCRIPTIONS
PROPOSED R-2 ZONE (FROM P.U.D. ZONE)
ALL THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 29
SOUTH, 'RANGE 28 EAST, M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN,
STATE OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER,
ALSO BEING THE SOUTHWEST CORNER OF PARCELS OF PARCEL MAP NO.
8267 AS FILED IN PARCEL MAP BOOK 35 AT PAGES 183 THROUGH 189
INCLUSIVE IN THE OFFICE OF THE KERN COUNTY RECORDER;
THENCE N.890S1'060E. ALONG THE NORTH LINE OF SAID NORTHWEST
QUARTER, ALSO BEING THE SOUTH LINE OF SAID PARCEL 5, A DISTANCE OF
329.81 FEET;
THENCE DEPARTING SAID NORTH LINE OF SAID NORTHWEST QUARTER,
S.ooo06'43"W., 663.17 FEET TO THE SOUTH LINE OF SAID NORTHWEST
QUARTER, ALSO BEING THE CENTERLINE OF BERNARD STREET;
THENCE S.890S2'16"W. ALONG SAID SOUTH LINE AND SAID CENTERLINE, A
DISTANCE OF 329.99 FEET TO THE SOUTHVVEST CORNER OF SAID NORTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 22;
THENCE N.ooo07'3srE. ALONG THE WEST LINE OF SAID NORTHWEST QUARTER,
A DISTANCE OF 663.06 FEET TO THE POINT OF BEGINNING.
CONTAINING 5.022 ACRES.
PROPOSED R:-2 ZONE (FROM R-1-CH ZONE)
ALL THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 29
SOUTH, RANGE 28 EAST, M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN,
STATE OF CALiFORNIA, BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER,
ALSO BEING THE SOUTHWEST CORNER OF PARCEL 5 OF PARCEL MAP NO.
8267 AS FILED IN PARCEL MAP BOOK 35 AT PAGES 183 THROUGH 189
INCLUSIVE IN THE OFFICE OF THE KERN COUNTY RECORDER;
THENCE N.89051'060E. ALONG THE NORTH LINE OF SAID NORTHWEST
QUARTER, ALSO BEING THE SOUTH LINE OF SAID PARCEL 5, A DISTANCE OF
329.81 FEET TO THE POINT OF BEGINNING;
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(Continued)
ZONE CHANGE LEGAL DESCRIPTIONS
THENCE CONTINUING N.890S1'Q60E. ALONG SAID NORTH LINE, A DISTANCE OF
64.24 FEET;
THENCE DEPARTING SAID NORTH LINE OF SAID NORTHWEST QUARTER,
S.oooQ6'43"W., 663.19 FEET TO THE SOUTH LINE OF SAID NORTHWEST
QUARTER, ALSO BEING THE CENTERLINE OF BERNARD STREET;
THENCE S.890S2'16"W. ALONG SAIO SOUTH LINE AND SAID CE~RLINE, A
DISTANCE OF 64.24 FEET;
THENCE DEPARTING SAID SOUTH LINE, N.ooo06'430E., 663.17 FEET TO THE
POINT OF BEGINNING.
CONTAINING 42,602 SQUARE FEET.
GerganzoneJegala.doclmarch29, 2008
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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/Annexation No. 06-0668
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 cu/tural resource impacts.
City Attornev Condition
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 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 preceding, 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.
Public Works Conditions
4. 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 Bernard Street to collector 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
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Exhibit C
GPAlZC 06-0668
Mitigation/Conditions of Approval
Page 2 of 2
documents. If a tentative subdivision map over the entire GPAlZC area is submitted,
dedication can be provided with the map. For orderly development.
b) This GPAlZC area is too small to support it's own storm drainage sump. This GPAlZC
area is within the East Hills Mall Drainage Area and storm water will go the sump located
at Bernard Street and Fashion Plaza. For orderly development.
c) Sewer service must be provided to the GPAlZC 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. For orderly
development.
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.
5. 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.
6. Local Mitiaation: The development is required to pay into the adopted Regional Traffic Impact
Fee fixed rate program. Mitigation for potentially significant Traffic impacts.
7. With any construction on the GPA site, provide all required improvements including sidewalk,
curb and gutter, landscaping and street improvements as necessary for the frontage of the GPA
site and on the adjacent church site. Condition added at Planning Commission meeting for
orderly development.
Plannina Department Condition
8. With the submittal of any tentative subdivision map or site plan review application for the
GPAlZC area, the applicant shall demonstrate that the development immediately east of the
GPAlZC area (church site), as proposed to be modified, would comply with the off-street parking
requirements of Chapter 17.58 of the Bakersfield Zoning Ordinance and be re-striped. For
orderly development.
9. Prior to development the applicant/developer shall submit a tentative subdivision, parcel map or
lot line adjustment that will create a parcel to match the recommended zoning boundaries. For
orderly development.
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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 15th
day of March, 2007 she posted on the Bulletin Board at
City Hall, a full, true and correct copy of the following: Ordinance No. 4416 , passed
by the Bakersfield City Council at a meeting held on the 14th day of March. 2007 and
entitled:
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND
AMENDING SECTION 17.06.020 (ZONING MAP 103-22) OF TITLE
SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY
CHANGING THE ZONING FROM PUD (PLANNED UNIT
DEVELOPMENT ZONE) TO R-2 (LIMITED MULTIPLE FAMILY
DWELLING ZONE) ON APPROXIMATELY FIVE ACRES AND R-1-CH
(ONE FAMILY DWELLING ZONE/CHURCH COMBINING ZONE) TO R-2
ON ONE ACRE, GENERALLY LOCATED NORTH OF BERNARD
STREET, APPROXIMATELY 900 FEET WEST OF OSWELL STREET.
(ZC NO. 06-0668)
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
B~(L ~VJn~_
DEP Y City Clerk
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3/15/2007
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