HomeMy WebLinkAboutORD NO 4463
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ORDINANCE NO. 4 4 6 3
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION
AND AMENDING SECTION 17.06.020 (ZONING MAP 142-02)
OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL
CODE BY CHANGING THE ZONING FROM A (AGRICULTURE)
TO R-1 (ONE FAMILY DWELLING) ON 49.52 ACRES,
GENERALLY LOCATED AT THE NORTHWEST CORNER OF
EAST PANAMA LANE AND COTTONWOOD ROAD (ZC NO. 06-
2275). (Ward 1 upon annexation).
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 being annexed to the
City of Bakersfield generally at the northwest corner of East Panama Lane and Cottonwood
Road; and
WHEREAS, the Planning Commission, as a result of said hearing, did make several
general and specific findings of fact on the negative declaration and changes in zoning of the
subject property from A (Agriculture) to R-1 (One Family Dwelling) on 49.52 acres, and the
Council has considered said findings and all appear to be true and correct; and
WHEREAS, 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; and
WHEREAS, a Negative Declaration with mitigation was advertised and posted on
February 8, 2007, in accordance with CEQA; and
WHEREAS, the general plan designation for this area, with prior adoption of General
Plan Amendment No. 06-2275, allows low density residential development; and
WHEREAS, the general plan designations for the surrounding areas allow residential
development; and
WHEREAS, by Resolution No. 106-07 on June 21, 2007, the Planning Commission
recommended denial of an ordinance amending Title 17 of the Municipal Code for Zone
Change No. 06-2275 as delineated on attached Zoning Map 124-20 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
WHEREAS, an appeal of the Planning Commission's decision was submitted by Jim
Marino; and
WHEREAS, the City Council held a public hearing on the petition to change the land use
zoning of those certain properties being annexed to the City of Bakersfield generally located at
the northwest corner of East Panama Lane and Cottonwood Road and the applicant's appeal of
the Planning Commission's June 21, 2007 recommendation; and
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WHEREAS, the City Council reviewed the matter, including additional testimony and
supplemental information on August 29, 2007; 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 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 land uses.
5. The proposed project, as shown on Exhibit liB", 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 liB".
7. The proposed land use designation is consistent with the Kern County
Airport Land Use Compatibility Plan.
SECTION 1.
as follows:
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 approved and adopted.
3. The proposed land use designation is consistent with the Kern County
Airport Land Use Compatibility Plan.
4. The appeal is hereby upheld.
5. 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 being annexed to said City, the
boundaries of which property is shown on Zoning Map 124-20 marked
Exhibit "B" attached hereto and made a part hereof, and are more
specifically described in attached Exhibit "C ".
Page 2 of 4
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ORIGINAL
6. Such zone change is hereby approved subject to the
"Mitigation/Conditions of Approval" listed in attached Exhibit "A", and
subject to approval of GPA No. 06-2275.
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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ORIGINAL
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 SEP 2 6 2007 by the
following vote:
c;;;;?
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
.......-- ..--- ....--. ..---' t..--- L--
CARSON. BENHAM. WEIR. COUCH. HANSON. SULLIVAN. SCRIVNER
PAMELA A. McCARTHY, CM
CITY CLERK and Ex Officio C rk of the
Council of the City of Bakersfield
SEP 2 6 2007
APPROVED as to form
VIRGINIA GENNARO
City Attorney
By:~j}7h~
Exhibit A - Mitigation/Conditions of Approval
B - Zoning Map 124-20
C - Legal Description
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ORIGINAL
Exhibit A
Mitigation/Conditions of Approval
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ORIGINAL
EXHIBIT A
Mitigation/Conditions of Approval
General Plan Amendment/Zone Change No. 06-2275
Cultural Resources
1. 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.
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.
Odor
3. Prior to the issuance of any building permit within the GPAlZC boundary or within a
smaller area identified by the Planning Director, the owner/subdivider shall install the
following:
a) A seven (7) foot high block wall on the perimeter property lines, extending a
minimum distance of 1,150 feet south and at least 650 feet west from the
northeast corner of the proposed project site shall be constructed to serve as an
artificial barrier.
b) Landscaping along the seven (7) foot high block wall with 24 inch box trees such
as Gracilior Fern Pine (Podocarpus), Sideroxyllon (eucalyptus), Umbellularia
(California Laurel), or Eldarica Pine shall be spaced no farther apart than 25 feet
to provide a natural barrier and filter. The trees shall be placed within a private
landscape lot at least seven (7) feet wide and located between the solid wall and
the area used for a poultry farm (east of Cottonwood Road).
c) All inhabitable structures shall be setback at least 25 feet from the wall.
Mitigation for potentially significant odor impacts.
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ORIGINAL
Exhibit A
GPAlZC 06-2275
Mitigation/Conditions of Approval
Page 2 of 5
4. Prior to recordation of final subdivision maps within the GPAlZC area, a notice shall be
recorded on the deeds of all residential lots disclosing that the properties are in an area
subject to a potential off-site source of odor, specifically the existing poultry ranch at
6007 Cottonwood Road, and as a result, residents may experience inconveniences,
annoyances and discomfort arising from the odors of such operations. The notice shall
also state that residents of property near said agricultural use should, therefore, be
prepared to accept such inconveniences, annoyances and discomfort from normal
poultry ranch operations. The notice shall be submitted to the Planning Director and
City Attorney for review and approval, prior to its concurrent recordation with the
aforementioned land division. Mitigation for potentially significant odor impacts.
Bakersfield Municipal Airport Compatibility
5. With the recordation of a final subdivision map within the GPAlZC area, the property
owner of the GPAlZC area shall dedicate an avigation easement to the City of
Bakersfield. The easement is dedicated for the benefit of Bakersfield Municipal Airport.
The avigation easement shall grant all rights deemed necessary by the City of
Bakersfield for the project site to: ensure that the development of said property will
neither impede airport operations nor result in flight hazards; provide the right of flight in
the airspace above the Federal Avigation Regulation Part 77 imaginary surfaces above
the property; restrict the height of structures, trees and other objects; and permit access
to the property for the removal or aeronautical marking of objects exceeding the
established height limit; to regulate or prohibit light emissions which might interfere with
pilot vision. An example of an Avigation Easement is located within the Kern County
Airport Land Use Compatibility Plan. This avigation easement will ensure that
prospective buyers of the property within this zone will be informed of the potential
inconvenience, annoyance and discomfort associated with aircraft over flights.
Mitigation for potentially significant airport impacts.
6. The portion of the GPAlZC site within the Airport Land Use Compatibility Plan B2 zone is
limited to development for non-inhabitable uses. This will be required, unless the B2
zone is eliminated on the project site. Mitigation for potentially significant airport
impacts.
City Attorney Condition
7. 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
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ORIGINAL
Exhibit A
GPAlZC 06-2275
Mitigation/Conditions of Approval
Page 3 of 5
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
8. 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 and East Panama Lane
to arterial standards for the full frontage of the area within the GPA 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 GPAlZC area is submitted, dedication can be provided with the
map. For orderly development.
b) This GPAlZC area is too small to support its own storm drainage sump. The City
will allow no more than one sump per 80 acres; therefore, this GPAlZC area
must be included within the drainage area of adjoining property. Submit a
comprehensive drainage study of the entire drainage area, to be reviewed and
approved by the City Engineer. The study shall show the development's
proportionate share of the necessary ultimate storm drainage facilities. The
developer shall participate in the development of a Planned Drainage Area, or
shall provide some other method for the construction of the ultimate facilities
satisfactory to the City Engineer. Any required retention site and necessary
easements shall be dedicated to the City. For orderly development.
c) Sewer service must be provided to the GPAlZC area. The developer shall be
responsible for the initial extension of the sewer line to serve the property. This
sewer line must necessarily be sized to serve a much larger area that the project
area. The City is willing to aid the developer in the formation of a Planned Sewer
Area and/or an Assessment District to provide a mechanism for the
reimbursement of over-sizing costs to the developer. 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 detentio~<< ~AK<t1>
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ORIGINAL
Exhibit A
GPAlZC 06-2275
Mitigation/Conditions of Approval
Page 4 of 5
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 costs. For orderly development.
e) Developer is responsible for the construction of all infrastructure, both public and
private, within the boundary of the GPAlZC 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 all infrastructure will be addressed at
the subdivision map stage. For orderly development.
9. 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.
10. Payment of the proportionate share of the cost of the median for the Cottonwood Road
and East Panama Lane 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.
11. The E. Panama Lane and E. Fairview Road crossing of the Kern Island Canal, Central
Branch needs widening. The developer shall pay their proportionate share of the cost
and shall aid in the formation of a Bridge and Major Thoroughfare District for the
widening of the crossings, prior to recordation of any subdivision map or issuance of a
building permit on the GPA area. For orderly development.
12. Access to the arterial streets will be limited and determined at time of division or
development. Determination of whether a right turn lane is required at the access
street(s) will also be made at the time of division or development. A full access opening
will only be considered if the developer funds and installs a traffic signal at the site
entrance. Said signal will only be permitted if a signal synchronization study is
submitted and approved, which shows progression is not adversely affected. For
orderly development.
Local Mitioation:
13. Pay the proportionate share of the following mitigation measures (not paid for by the
Regional Transportation Impact Fee nor included with normal development
improvements) as indicated in Table 7 of the traffic study. An estimate and fee
schedule should be developed by the applicant and approved prior to recordation of ~f>-K.t
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Exhibit A
GPAlZC 06-2275
Mitigation/Conditions of Approval
Page 5 of 5
map or issuance of a building permit. Proportionate shares from the study as follows:
a) Cottonwood Rd & White Ln, Add 1 NBL, 1 SBL, 2.72% share
b) Cottonwood Rd & Pacheco Rd, Install Signal, Add 1 EBL, 1 EBT, 1 EBR, 1 NBL,
1 NBT, 1 NBR, 1 SBL, 1 SBT, 1 SBR, 5.7% share
c) Cottonwood Rd & Fairview Rd, Install signal, Add 1 NBL, 1 SBR, 6.33 % share
d) Panama Ln & So. H St, Add, 1 WBL, 1 WBT, 1 NBL, 1 NBT, 1 SBT, 1 SBR, 2.44
% share
e) Union Ave & Panama Ln, Add 2 WBL1, 2 WBT1, 1 WBR1, 2.8% share
f) Sparks St & Panama Ln, Install signal, 4.7% share
g) Cottonwood Rd & Panama Ln, Add 1 WBL, 1 WBT, 1 NBL, 1 NBT, 1 SBL, 1
SBT, 4.46% share
Notes: NB - north bound, SB - South bound, WB - west bound,
EB - east bound, L -left turn lane, T - Through lane, R - Right
turn lane, 1 Striping only
For orderly development.
ReQional Transportation Impact Fee:
14. Pay the standard residential fees, as adopted at time of development. For orderly
development.
Transportation Condition
15. Prior to issuance of a building permit, the developer shall pay a major transportation facility fee in
the amount of $2,487 per dwelling unit or the fee in effect at the time of building permit approval.
If prior to issuance of a building permit said fee is merged into the regional TIF program then
payment of the regional TIF fee will be deemed to have satisfied the intent of this condition. This
fee is imposed per City Council approved action plan to pursue funds needed to complete
construction of major transportation facilities to serve growth and development within
Metropolitan Bakersfield. For orderly development.
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ORIGINAL
EXHIBIT A-2
Location Map
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Exhibit C
Zone Change Legal Description
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ALL. THAT PORTION OF THE SOUTH HALF OF THE SOUTH HALF OF SECTION 20,
TOWNSHIP 30 SOUTH, RANGE 28 EAST, M.D.M., KERN COUNTY,CAUFORNIA,
LYING EAST OF THE WEST LINE OF THE CENTRAL BRANCH.CANAL, SAID WEST
LINE DESCRIBED AS BEGINNING AT A POINT ON THE NORTH LINE OF SAID SOUTH
.HALF OF THE SOUTH HALF FROM WHICH POINT THE NORTHEAST CORNER
THEREOF BEARS S89030'55"E, "1652.60 FEET; THENCE S4050'38"E, 470.55 FEET
AND S3041'25"W, 853.83 FEET, TO THE SOUTH LINE OF SAID SECTION 20.
CONTAINING 49.52 ACRES, MORE OR LESS._
DELMARTER AND DEIFEL
J es K. Delmarter
.C.E. 17564' ExpIres: 6-30-2007
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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 27TH day of September. 2007 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4463 passed by the
Bakersfield City Council at a meeting held on the 26TH day of September. 2007 and
entitled:
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION
AND AMENDING SECTION 17.06.020 (ZONING MAP 142-02)
OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL
CODE BY CHANGING THE ZONING FROM A (AGRICULTURE)
(RESIDENTIAL SUBURBAN-20 ACRES MINIMUM ZONE)
TO R-1 (ONE FAMILY DWELLING) ON 49.52 ACRES,
GENERALLY LOCATED AT THE NORTHWEST CORNER OF
EAST PANAMA LANE AND COTTONWOOD ROAD (ZC NO.
06-2275). (WARD 1 UPON ANNEXATION).
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
BY:~~^M..LlfJddlJv~lM ~
DEPUTY City Clerk
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r~".- POSTED ON
9, ;) 7, 01
by City Clerk's Office
City of
Bakersfield
ORDINANCE NO. 4 4 6 3
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION
AND AMENDING SECTION 17.06.020 (ZONING MAP 142-(2)
OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL
CODE BY CHANGING THE ZONING FROM A (AGRICULTURE)
TO R-1 (ONE FAMILY DWELLING) ON 49.52 ACRES,
GENERALLY LOCATED AT THE NORTHWEST CORNER OF
EAST PANAMA LANE AND COTTONWOOD ROAD (ZC NO. 06-
2275). (Ward 1 upon annexation).
by
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 being annexed to the
City of Bakersfield generally at the northwest corner of East Panama Lane and Cottonwood
Road; and
WHEREAS, the Planning Commission, as a result of said hearing, did make several
general and specific findings of fact on the negative declaration and changes in zoning of the
subject property from A (Agriculture) to R-1 (One Family Dwelling) on 49.52 acres, and the
Council has considered said findings and all appear to be true and correct; and
WHEREAS, 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; and
WHEREAS, a Negative Declaration with mitigation was advertised and posted on
February 8,2007, in accordance with CEQA; and
WHEREAS, the general plan designation for this area, with prior adoption of General
Plan Amendment No. 06-2275, allows low density residential development; and
WHEREAS, the general plan designations for the surrounding areas allow residential
development; and
WHEREAS, by Resolution No. 106-07 on June 21, 2007, the Planning Commission
recom mended denial of an ordinance amending Title 17 of the Municipal Code for Zone
Change No. 06-2275 as delineated on attached Zoning Map 124-20 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
WHEREAS, an appeal of the Planning Commission's decision was submitted by Jim
Marino; and
WHEREAS, the City Council held a public hearing on the petition to change the land use
zoning of those certain properties being annexed to the City of Bakersfield generally located at
the northwest corner of East Panama Lane and Cottonwood Road and the applicant's appeal of
the Planning Commission's June 21, 2007 recommendation; and
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