HomeMy WebLinkAboutORD NO 4434
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ORDINANCE NO.
4434
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION
AND AMENDING SECTION 17.06.020 (ZONING MAP 123-02)
CODE BY CHANGING THE ZONING FROM R-2 (LIMITED
MULTIPLE FAMILY DWELLING) TO C-1 (NEIGHBORHOOD
COMMERCIAL) ON 0.87 ACRES, GENERALLY LOCATED ON
THE NORTH SIDE OF ELCIA DRIVE, IMMEDIATELY WEST OF
THE HIGHWAY 99 ON-RAMP. (ZC 06-1099).
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 on the north side of Elcia Drive, immediately west of the Highway
99 on-ramp; and
WHEREAS, by Resolution No. 50-07 on March 15, 2007. the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve Zone Change No. 06-1099 as delineated on attached Zoning Map
123-02 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-2 (Limited Multiple
Family Dwelling) to C-1 (Neighborhood Commercial) on 0.87 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
February 14, 2007, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows for highway
commercial 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. 50-07, adopted on
March 15, 2007:
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 surrounding uses.
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as follows:
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 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
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 123-02 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.
06-1099.
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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 mioDted- bv the
Council of the City of Bakersfield at a regular meeting thereof held on JUN 6 2001
by the following vote:
G@
NOES:
ABSTAIN:
CABSENT~
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COUNCILMEMBER CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER ~ N\~
PAMELA A. McCARTHY
CITY CLERK and Ex 0 i Clerk of the
Council of the City of Bakersfield
JUN 6 2007
HARVE . HALL
Mayor of the City of Bakersfield,f
/'1
APPROVED as to form
VIRGINIA GENNARO
City Attorney
By:/d~m~
Exhibit A - Zoning Maps 123-02
B - Zone Change Legal Description
C - Mitigation/Conditions of Approval
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Exhibit A
Zone Map 123-02
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ORIGINAL
ZONING MAP 121"02
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ORIGINAL
CITY OF BAKERSFIELD
ZONING DISTRICT DESIGNATIONS
R-1 One Family Dwelling C-O Professional and Administration Office
6,000 sq.ft. minimum lot size
C-1 Neighborhood Commercial
E Estate
10,000 sq.ft. minimum lot size C-2 Regional Commercial
R-S Residential Suburban C-C Commercial Center
24,000 sq.ft.ldwelling unit
C-B Central Business
R-S-1A Residential Suburban
1 acre minimum lot size PCD Planned Commercial Development
R-S-2.5A Residential Suburban M-1 Light Manufacturing
2% acre minimum lot size
M-2 General Manufacturing
R-S-5A Residential Suburban
5 acre minimum lot size M-3 Heavy Industrial
R-S-10A Residential Suburban P Automobile Parking
10 acre minimum lot size
RE Recreation
R-2 Limited Multiple Family Dwelling
4,500 sq.ft. min lot size (single family) Ch Church Overlay
6,000 sq.ft. min lot size (multifamily)
2,500 sq.ft. lot area/dwelling unit OS Open Space
R-3 Multiple Family Dwelling HOSP Hospital Overlay
6,000 sq.ft. minimum lot size
1,250 sq.ft. lot area/dwelling unit AD Architectural Design Overlay
R-4 High Density Multiple Family Dwelling FP-P Floodplain Primary
6,000 sq.ft. minimum lot size
600 sq.ft. lot area/dwelling unit FP-S Floodplain Secondary
R-H Residential Holding AA Airport Approach
20 acre minimum lot size
01 Drilling Island
A Agriculture
6,000 sq.ft. minimum lot size PE Petroleum Extaction Combining
A-20A Agriculture SC Senior Citizen Overlay
20 acre minimum lot size
HD Hillside Development Combining
PUD Planned Unit Development
TT Travel Trailer Park
MH Mobilehome
S:\F orms\zoneDistricts.doc
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Exhibit B
Zone Change Legal Description
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e
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Legal Description Of Proposed Annexation, General Plan Amendment and
Zone Change
That portion of the south half of the north half of the southeast quarter of the
northeast quarter of the northeast quarter of Section 2, Township 30 South,
Rang 27 East, Mount Diablo Meridian, in the unincorporated area of the
County of Kern, State of California, according to the official plat thereof
lying within the following described parcel:
Commencing at southwest comer of said northeast quarter, being
monumented with a concrete monument per Filed Map No. 7-1, Book 6,
Page 13 1 in the office of the County Surveyor of said County;
Thence S. 88045'05" E., along the south line of said northeast quarter of the
northeast quarter, 999.67 feet;
Thence N. 2049'08" W. 278.75 feet;
Thence N. 1019'27" W. 58.33 feet to a point on the south line of said south
half and the true point of beginning;
Thence N. 88049'49" W., along said south line of said south half, 161.87
feet;
Thence N. 1010' II" E. 30.00 feet;
Thence N. 20040'05" W. 71.10 feet;
Thence N. 88049'49" W. 132.00 to a point on the west line of the east half of
said northeast quarter of the northeast quarter;
Thence N. 0036'17" E., along said west line, 71.95 feet to the northwest
comer of said south half also being a comer in the south boundary of Parcel
"A" of Parcel Map Waiver No. P99-0036, in the City of Bakersfield, as
described in Certificate Of Compliance recorded as Document No.
0201032974 in the office of the County Recorder of said County;
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Thence S. 88052'11" E., along the north line of said south half of said south
boundary, 289.27 feet to the southeast comer of said Parcel "A" and a point
on a curve the center of which bears S. 62057'15" W. 350.00 feet;
Thence southerly along said curve 72.12 feet through a central angle of
11048'20";
Thence S. 1019'27" E. 101.64 feet to the point of beginning.
Containing 0.87 acres.
Approved by: ~J.
Jeffery A. French
Civil Engineer
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Exhibit C
Mitigation/Conditions of Aproval
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EXHIBIT C
Mitigation/Conditions of Approval
General Plan Amendment/Zone Change No. 06-1099
MITIGATION MEASURES FROM NEGATIVE DECLARATION:
Cultural Resource Mitiaation Measures
1. If archaeological resources are encountered during the course of construction, work shall stop
at the location of the find and a qualified archaeologist shall be consulted for further
evaluation. Any measures by the archaeologist shall be complied with at that time. 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.
Traffic Mitiaation Measures:
3. Traffic recommends that the development be required to pay into the adopted Regional Traffic
Impact Fee fixed rate program. Mitigation for potentially significant traffic impacts.
ADDITIONAL CONDITIONS OF APPROVAL:
Public Works
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. No access to this site will be allowed from Elcia Drive.
b. This GPAlZC area is too small to support it's own storm drainage sump. Submit a
comprehensive drainage study to be reviewed and approved by the City Engineer. No
more than 1 sump may be utilized to serve this area; these sumps should be located so
that they may be available to serve adjacent areas as they develop. If only one sump is
utilized to serve this GPAlZC area, it need not be so located. The study shall be approved
and any required retention site and necessary easements dedicated to the City. 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.
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EXHIBIT C
GPAlZC No. 06-1099
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.
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. Payment of the proportionate share of the cost of the median for the arterial frontage of the
property within the GPAlZC request is required prior to recordation of any map or approval of
any improvement plan for the GPAlZC area. For orderly development.
Plannina Department:
7. Applicant shall be required to obtain approval of a Conditional Use Permit prior to development
of an additional 19,700 square feet of mini-storage space expansion. For orderly
development.
Fire Prevention:
8. Prior to site plan approval, the applicant shall demonstrate conformance with fire protection
measures in accordance with Article 9 of the California Fire Code. This may include an
alternate emergency access to the property. This may include an all weather surface 20-foot
wide with an overhead of 13.5-feet. For publiC health, safety, and welfare.
City Attorney
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 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.
a. 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.
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EXHIBIT C
GPAlZC No. 06-1099
Mitigation/Conditions of Approval
b. 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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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 7th day of June. 2007 she posted on the Bulletin Board at City Hall, a
full, true and correct copy of the following: Ordinance No. 4434 passed by the
Bakersfield City Council at a meeting held on the 6th day of June, 2007 and entitled:
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION
AND AMENDING SECTION 17.06.020 (ZONING MAP 123-02)
CODE BY CHANGING THE ZONING FROM R-2 (LIMITED
MULTIPLE FAMILY DWELLING) TO C-1 (NEIGHBORHOOD
COMMERCIAL) ON 0.87 ACRES, GENERALLY LOCATED
ON THE NORTH SIDE OF ELCIA DR, IMMEDIATELY WEST
OF THE HIGHWAY 99 ON-RAMP. (ZC 06-1099).
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
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DEPUTY CI Clerk
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