HomeMy WebLinkAboutORD NO 4456
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ORDINANCE NO.
4456
A
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION
AND AMENDING SECTION 17.06.020 (ZONING MAP 124-08)
OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL
CODE BY CHANGING THE ZONING FROM R-S (RESIDENTIAL
SUBURBAN) TO E (ESTATE ONE FAMILY DWELLING) ON
1.83 ACRES GENERALLY LOCATED ON THE WEST SIDE OF
COTTONWOOD ROAD, SOUTH OF CASA LOMA DRIVE. (ZC
06-1909). (WARD 1)
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 west side of Cottonwood Road, south of Casa Loma Drive;
and
WHEREAS, by Resolution No. 118-07 on July 5, 2007, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve Zone Change No. 06-1909 as delineated on attached Zoning Map
No. 124-08 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 (Residential
Suburban) to E (Estate One Family Dwelling) on 1.83 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
May 16, 2007, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows for suburban
residntial 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. 118-07, adopted on
July 5, 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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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 124-08 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.
06-1909.
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 ado.Qted, by the
Council of the City of Bakersfield at a regular meeting thereof held on AUG 2 9 ZOOl
by the following vote:
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COUNCILMEMBER CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER ""
COUNCILMEMBER S.. () t\ ~ , ~."""-
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PAMELA A. McCARTHY, CM
CITY CLERK and Ex Officio C rk of the
Council of the City of Bakersfield
APPROVED
AUG 2 9 2007
APPROVED as to form
VIRGINIA GENNARO
City Attorney
By: ~m~
Exhibit A - Zoning Maps 124-08
B - Zone Change Legal Description
C - Mitigation/Conditions of Approval
JS - S:\ZoneChange\yr 2007\06-1909\CC\CC zc Ordinance.06-1909.doc
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Exhibit A
Z()ne Maps 124-08
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ZONE CHANGE 06-1.909
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ZONING MAP 124 -eflIGINAL
Exhibit B
Z()ne Change Legal Descripti()n
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LEGAL DECRIPTION
THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 8, TOWNSHIP 30
SOUTH, RANGE 28 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE
COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER THEREOF;
THENCE NORTHERLY ALONG THE EASTERLY BOUNDARY OF THE
NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE
NORTHEAST QUARTER OF SAID SECTION 8; FORA DISTANCE OF 248.91
FEET;
THENCE AT RIGHT ANGELS WESTERLY FOR A DISTANCE OF 350 FEET;
THENCE AT RIGHT ANGELS SOUTHERLY AND PARALLEL TO THE SAID
EASTERLY LINE OF SAID OF THE NORTHEAST QUARTER OF THE
NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION
8 FOR A DISTANCE OF 248.91 FEET TO A POINT ON THE SOUTHERLY LINE
OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE
NORTHEAST QUARTER OF SAID SECTION 8;
THENCE AT RIGHT ANGLES EASTERLY FOR A DISTANCE OF 350 FEET TO
THE POINT OF BEGINNING.
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ORIGINAL
Exhibit C
Mitigati()n/C()nditi()ns ()f Appr()val
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EXHIBIT C
ZONE CHANGE 06-1909
CONDITIONS OF APPROVAL
MITIGATION MEASURES FROM NEGATIVE DECLARATION:
Cultural Res()urces Mitiaati()n Measures
1. If human remains were 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.
2. Prior to ground-disturbance activities associated with this project, personnel associated with the
grading effort shall be informed of the importance of the potential cultural and archaeological
resources (i.e. archaeological sites, artifacts, features, burials, etc.) that may be encountered
during site preparation activities, how to identify those resources in the field, and of the
regulatory protections afforded to those resources. The personnel shall be informed of
procedures relating to the discovery of archaeological remains during grading activities and
cautioned to avoid archaeological finds with equipment and not collect artifacts. The
applicant/developer of the project site shall submit documentation to the Planning Department
that they have met this requirement prior to commencement of ground-disturbance activities.
This documentation should include information on the date(s) of training activities, the
individual(s) that conducted the training, a description of the training, and a list of names of those
who were trained. Should cultural remains be uncovered, the on-site supervisor shall
immediately notify a qualified archaeologist. Mitigation for potentially significant cultural resource
impacts.
ADDITIONAL CONDITIONS OF APPROVAL:
Public W()rks
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 Cottonwood Road to arterial standards for the full
frontage of the area and cul-de-sac dedication for Patino Drive to local standards for the
full frontage of the area within the ZC 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 ZC area is submitted, dedication can be provided with
the map. For orderly development.
b. Submit a comprehensive drainage study of the entire ZC area including the existing and
future Patino Drive, the west half of Cottonwood Road north of the ZC area to Casa
Loma Drive and the adjacent lots to the west and east of Patino Drive to Casa Loma
Drive, to be reviewed and approved by the City Engineer. The sump is to be designed to
city standards. The study shall be approved and any required retention site and fQ~K~
necessary drainage easements dedicated to the City. For orderly development. ~-?~
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By JSaberon S:\ZoneChangelyr 2007\06-1909\ZCExh1. DOC\ B 6
8/1412007 ORIGINAL
Exhibit C
ZC 06-1909
Page 2 of 3
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.
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.
e. Developer is responsible for the construction of all infrastructure, both public and or
private, within the boundary of the ZC area. This includes the construction of any and all
boundary streets to the centerline of the street, unless otherwise speCified. The
developer is also responsible for the construction of any off site infrastructure required to
support this development, as identified in these conditions. The phasing of the
construction and infrastructure will be addressed at the subdivision map stage. For
orderly development.
4. The entire area covered by this ZC 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 ZC area. For orderly
development.
5. Payment of median fees for the arterial frontage, Cottonwood Road, of the property within
the ZC request is required prior to recordation of any map or approval of any improvement
plan for the ZC area. For orderly development.
6. Provide a waiver of direct access along the frontage of Cottonwood Road within the parcel
along the north boundary of the ZC area. For orderly development.
7. Upon issuance of any building permit on any parcel the payment of the following Public
Works Fees will be required: Sewer Connection Fee, Traffic Impact Fee (core area) and
Park Fee. The fee will be the current fee at the time the building permit is issued. For
orderly development.
City Att()rnev
8. 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. ~ <o()"K~-9
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By Jsaberon S:\ZoneChangelyr 2007\06-1909\ZCExh1.DOCI c..:> C)
8/1412007 ORIGINAL
Exhibit C
ZC 06-1909
Page 3 of 3
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.
By Jsaberon S:\ZoneChangelyr 2007\06-1909\ZCExh1.DOCI
8/14/2007
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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 30TH day of AUQust. 2007 she posted on the Bulletin Board at City Hall,
a full, true and correct copy of the following: Ordinance No. 4456 passed by the
Bakersfield City Council at a meeting held on the 29TH day of AUQust. 2007 and
entitled:
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION
AND AMENDING SECTION 17.06.020 (ZONING MAP 124-08)
OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL
CODE BY CHANGING THE ZONING FROM R-S (RESIDENTIAL
SUBURBAN) TO E (ESTATE ONE FAMILY DWELLING) ON 1.83
ACRES GENERALLY LOCATED ON THE WEST SIDE OF
COTTONWOOD ROAD, SOUTH OF CASA LOMA DRIVE.
(ZC 06-1909). (WARD 1)
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
BY:~~1< ~L
DEPU Y Cit Clerk
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