HomeMy WebLinkAboutORD NO 4447
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ORDINANCE NO.
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND
AMENDING SECTION 17.06.020 (ZONE MAP NO. 101-34) OF
TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE
BY CHANGING THE ZONING FROM E (ESTATE) TO C-1/P.C.D
(NEIGHBORHOOD COMMERCIAUPLANNED COMMERCIAL
DEVELOPMENT) ON 2.98 ACRES LOCATED AT THE
SOUTHWEST CORNER OF RENFRO ROAD AND FUTURE
BRIMHALL ROAD (FILE # 07-0768)
4447
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 the southwest corner of Renfro Road and future Brimhall Road.
WHEREAS, by Resolution No.97-07 on June 7, 2007 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. 101-34 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 warranted a negative declaration of
environmental impact and changes in zoning of the subject property from E (Estate) to C-
1/P.C.D. (Neighborhood Commercial/Planned Commercial Development) zone and the Council
has considered said findings and all appear to be true and correct; and
WHEREAS, the law and regulations relating to the preparation and adoption of
Negative Declarations, as set forth in CEQA and City of Bakersfield's CEQA Implementation
Procedures, have been duly followed by city staff, Planning Commission and this Council; and
WHEREAS, a Negative Declaration was advertised and posted on May 18, 2007,
in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows general commercial
development; and
WHEREAS, the law under California Government Code Section 56375 (e)
requires the decision making body to make a finding at a public hearing regarding the
annexation of unincorporated territory; 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. The public necessity, general welfare and good zoning practice justify the
requested change of zone from the existing zoning district to C-1/PCD zone.
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4. The overall design of the project, as conditioned, is consistent with the goals and
policies of all elements of the general plan.
5. The conditions of approval, attached hereto as Exhibit "A" are needed to provide
for orderly development, and the public health, welfare and safety; and
6. Pursuant to BMC Section 17.54.070 find that:
A. The proposed planned commercial development zone and preliminary
development plan is consistent with the General Plan and objectives of this
ordinance.
B. The proposed development will constitute a commercial environment of
sustained desirability and stability, and it will compliment and harmonize with
the character of the surrounding neighborhood and community.
C. The proposed development justifies exceptions from the normal application
of this code in that it integrates such elements as the location of structures,
circulation pattern, parking, landscaping and utilities, together with a program
for provision, operation and maintenance of all areas, improvements, facilities
and services provided on the property.
7. A substantial change has occurred in circumstances that necessitate a departure
from the zoning that was in affect at the time of annexation of the project site.
The project site was annexed to the City on December 20,2006.
SECTION 1.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield
as follows:
1. All of the foregoing recitals are hereby found to be true and correct.
2. The Negative Declaration is hereby approved and 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. No. 101-34
marked Exhibit "c" attached hereto and made a part hereof, and are more specifically described
in attached Exhibit "D ".
4. Such zone change is hereby made subject to the conditions of approval
listed in attached 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 AUG 1 5 Z007
by the following vote:
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COUNCILMEMBER: CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER:
COUNCILMEMBER:
COUNCILMEMBER: ~
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PAMELAA. McCARTHY, C
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
I
HARVEY L. HALL
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
BY.~~~i1
Exhibits:
A. Conditions.
B. Location Map.
C. Zone Map
D. Legal Description
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6/28/2007
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EXHIBIT "A"
ZONE CHANGE 07-0768
CONDITIONS OF APPROVAL
CITY ATTORNEY
1. 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 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.
PLANNING
MITIGATION MEASURES
Cultural Resources
2. If during construction activities or ground disturbance, cultural resources are uncovered, the
subdivider shall stop work and retain a qualified archeologist for further study. Subdivider shall
notify the proper authorities and be subject to any mitigation measures required of the archeologist.
If human remains are uncovered, all work shall stop until the Kern County Coroner has been notified
and has evaluated the remains.
Mitigation measure as recommended by letter from the California Historical Resources Information
System at California State University Bakersfield California Archaeological Inventory, June 2, 2005
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EXHIBITD
LEGAL DESCRIPTION
FOR
ZONE CHANGE No. 07-0768
ALL THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 34, TOWNSHIP 29 SOUTH, RANGE 26 EAST, MOUNT DIABLO MERIDIAN, IN THE
CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 34, BEING THE CENTERLINE
. INTERSECTION OF BRIMHALL ROAD AND RENFRO ROAD;
THENCE (1) SOUTH 00023'03" WEST ALONG THE EAST LINE OF SAID SECTION 34 AND THE
CENTERLINE OF SAID RENFRO ROAD, A DISTANCE OF 372.00 FEET;
THENCE (2) NORTH 89030'50" WEST PARALLEL WITH THE NORTH LINE OF SAID SECTION
34 AND THE CENTERLINE OF SAID BRIMHALL ROAD, A DISTANCE OF 348.71
FEET;
THENCE (3) NORTH 00029'10" EAST, A DISTANCE OF 372.00 FEET TO A POINT ON SAID
NORTH LINE AND THE CENTERLINE OF SAID BRIMHALL ROAD;
THENCE (4) SOUTH 89030'50" EAST ALONG SAID NORTH LINE AND SAID CENTERLINE, A
DISTANCE OF 348.05 FEET TO THE POINT OF BEGINNING.
CONTAINS 2.98 ACRES MORE OR LESS.
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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 16th day of AUQust. 2007 she posted on the Bulletin Board at City Hall,
a full, true and correct copy of the following: Ordinance No. 4447 passed by the
Bakersfield City Council at a meeting held on the 15th day of AUQust. 2007 and
entitled:
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION
AND AMENDING SECTION 17.06.020 (ZONE MAP NO 101-34)
OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL
CODE BY CHANGING THE ZONING FROM E (ESTATE) TO
C-1/P.C.D. (NEIGHBORHOOD COMMERCIAL/PLANNED
COMMERCIAL DEVELOPMENT) ON 2.98 ACRES LOCATED
AT THE SOUTHWEST CORNER OF RENFRO ROAD AND
FUTURE BRIMHALL ROAD (FILE #07-0768)
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
BY:~ :t~"
DEPU Cit Clerk
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