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Home My WebLink AboutORD NO 4466 '" '" ORDINANCE NO. ~ AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONING MAP 104-07) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE TO CHANGE THE ZONING FROM R-1 (ONE-FAMILY DWELLING ZONE) TO R-21PUD (LIMITED MULTIPLE FAMILY DWELLING/PLANNED UNIT DEVELOPMENT) ON APPROXIMATELY 20 ACRES, GENERALLY LOCATED APPROXIMATELY SIX-HUNDRED FEET NORTH OF PALADINO DRIVE AND DIVIDED BY THE FUTURE ALIGNMENT OF RIVANI DRIVE (ZC 06-2254). 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 six-hundred feet north of Paladino Drive and divided by the future alignment of Rivani Drive; and WHEREAS, by Resolution No. 126-07 on July 5, 2007, the Planning Commission recommended denial of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 06-2254 as delineated on attached Zoning Map 104-07 marked Exhibit "A", more thoroughly described in attached Exhibit "B", 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, a Negative Declaration with mitigation was advertised and posted on May 11, 2007, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows for high-medium density residential development; and WHEREAS, the City Council conducted a public hearing on August 29, 2007 to consider the Planning Commission Resolution 126-07; and WHEREAS, the City Council 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 initial 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 compatible with the future development of surrounding uses. 5. The proposed project, as shown on Exhibit "A," is consistent with the Metropolitan Bakersfield General Plan. 1 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 104-07 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. 06-2254. 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. .........()()()......... 2 I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on OCT 1 0 2007 by the following vote: ~ ABSTAIN: ABSENT: COUNCILMEMBER: Q.ox~1 PJtn,ho.m1, We)V'"J CotA-Ck, HD.;~) ~v'cvnl Scv-;vne..r COUNCILMEMBER: l\..O)\JL COUNCILMEMBER: Y\LJV\.L COUNCILMEMBER: t"VrrIL- ~ HARVEY L. HALL Mayor of the City of Bakersfi APPROVED as to form VIRGINIA GENNARO City Attorney By: PtJW: m ~ Exhibit A - Zoning Map 104-07 B - Zone Change Legal Description C - Mitigation/Conditions of Approval RB - S:\GPA 2nd 2007\06-2254\ResOrd\CC ZC Ordinance 06-2254_revised.doc 3 EXHIBIT A: ZONING MAP 104-07 1"-. oi I II! ~ o I - I - Ii '. :' il Ii' if 1.'11 .. 1""'1' . .' II I ! I I! I .' Ii vi I 3 I ; a. I ' .. . . .. I . !!illElii~i!illll II. ~I. fljll,.! f ' II. IihiUi~ii:i:l!fl:lil.i!!lI!llidiiJ:. i.1 tl~!~~~~li!:!!f~I~; 1IIIi!;I-!I.II~=1 j I Z=;_II=o s-i,w..o.ul t ~~~I.iw~I"rJ"1 51 i hUiliihUiUUlitUdUiUUIUtll" I! liB s! ~, ..' 01 ! '. '1' . ... ~ II ~. ,tU n~t .: t =lt~tt:f~~n4C..noldh::1I :rlO".. ii: <(.~ CI):E~ ffi '. ~ .lD (!) Z ~-~ Zo ~O~ uNCI) ZONE CHANGE 06~2254 ; . .,.- *". - ~ - .. " + I , , I " " I I I I I I I I I ------.,...--.- I. " .. .: . - .. ",.. . I . I I I. ", .1 '~ ,J,., i . I . I. " f I . . r .Jr i . '. ,'" ..... . i . -" .' . ;.' . .- ".'. -,' ," .. . I " .! . 'r i'" ". . .' I . 'ii' " I . ,I ~I' " ". 'I' .., . '1 ,I '. . . I ., . I-:--~- --.--;..-------~..,.- .:.,---,+----.-j----- . ',.. " II ./', " " T, I I" i:!. I . ., " .....__ - . .., I'." :z: r . C , 't' ',,, . . , . ,,_.. I ,c , ~ . ., '"'' \ ' , .'" +. f..'.. . , . i' . ' . ',"" ,,!II: ,.+ . , ' ,\ I '" , . 'II: , .. " . . \' ,.' . ". '1 ' T ' .. I . .,.\ Iil' ,.', ,'. . '. ",1 '...,.... '\ i ':') , "L:': .' I I .. ~, '. I . I .. ~ \ I . I ' .. ,. , , \', : I . , ., I" '. . ".... I", " ,. ..... I .-t ! " ',- ,. -'.. -. -,' - - ."'""'.;:~ ~,' . " ---- I ' ...', 1 ., I',:' :. I , I , I I" :' I. , , " I" I" . 1 , I, 'I ",.~ t' -. I" c, : 'I \ II: .. I' a' I I . 'f ' 1 ~ I I, , <t ,. I, .). I I ' '. . i, I ! . , ' . ---------~--------~------ '.". . . '. .- '1 :..- -" f .' I I I . + ,.1. f oel ~::) 0: ":'N 0::. 0:: , , ~ I .. f.... , . , I, c , , '* . . , N. ... ~ C ~. ".PIt .". .. ~II .,!; '~ DI' I"UU I'h .:, UII . j ZONING MMI 104 -07 EXHIBIT B: ZONE CHANGE LEGAL DESCRIPTION I " . ... . . .. .. .' PROPOSED ZONE CHANGE LEGAL DESCRIPTION " BEING A PORTION OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAsT "QUARTER OF SECTI,ON.7, TOWNSHIP 29, SOlIn-l, RANGE 29 EAST, M.D.M., CITY OF BAKERSFIELD, COUNTY.,OF KERN, STATE OF C~L.IFORNIA; .~ORE PARTICULARLY DESCRIBp-q AS FOLLOWS: PROPOSED R-2 PUD (FROM R-1l . COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION, SAID POINT AlSO BEING ON THE CENTERLINE OF PAlADINO DRIVE; THENCE NORTH 00013'04" WEST, AlONG THE NORTH-SOUTH MID- SECTION LINE OF SAID SECTION, A DISTANCE OF 661.40 FEET TO THE POINT OF BEGINNING. SAID POINT AlSO BEING THE SOUTHWEST CORNER OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF ,THE SOUTHEAST QUARTER OF SAID SECTION; THENCE AlONG THE FOllOWING FOUR (4) COURSES: ' 1). CONTINUING AlONG SAID NORTH-SOUTH MID-SECTION LINE, NORTH 00013'04" WEST, A DISTANCE OF 661.40 FEET TO THE NORTHWEST CORNER OF SAID NORTH HALF; THENCE 2) NORTH 89048'21" EAST, AlONG THE NORTH LINE OF SAID NORTH HALF, A DISTANCE OF 1,317.27 FEET TO THE NORTHEAST CORNER OF SAID NORTH HALF; THENCE 3) SOUTH 00011'06" EAST, AlONG THE' EAST LINE OF SAID NORTH HALF, A DISTANCE OF 661.01 FEET TO THE SOUTHEAST CORNER OF SAID NORTH HAlF; THENCE 4) SOUTH 89047'21" WEST. AlONG THE SOUTH LINE OF SAID NORTH HALF, A DISTANCE OF 1.316.89 FEET TO THE 'POINT OF BEGINNING.' ' CONTAINING 19.99 ACRES, MORE OR lESS. \\, ,>0 ',Oed MciNTOSH & ASSOCIATES 2001 Wheelan Court Bakersfield, CA 93309 (661) 834-4814 P:\PROJECTS\06099\LEGALS\06099ZC01.dOC EBT 1113012006 . . . . DONE BY: EBT JOB NO. 06-099 DATE: 11/28/06 Parcel name: TIE-LINE TO PROPOSED R-2 PUD North: 2337710.1893 . East: 6291922.2768 line Course: N OQ-: 1'3-04 W Length: 661..40 North: 2338371.5845 East: 6291919.7628 line Course: N ()(} 13-04 W Length: 661..40 " . North: 2339032.9797 East: 6291917.2489 Une Course: N 89-48-21 E Length: .1317.27 ',' ' North: 2339037.4438 East: 6293234.5113 Une Course: S <<-40-26 W Length: 1866..43 North: 2337710.1882 East: 6291922.2791 Perimeter: 4506.50 Area: 871,241 sq.ft. 20.00 caes Mapcheclc Closure - (Uses listed courses. radii. and deltas) Error Closure: 0.0026 Course: S 63-32-44 E Error North: ~.00115 East: 0.00232 Precision 1: 1.733.269.23 Parcel name: EXISTING R-l TO PROPOSED R-2 PUD North: 2338371.5847 East: 6291919.7639 line Course: N ()(} 13-04 W Length: 661..co North: 2339032.9799 East: 6291917.2499 Une Course: N 89-48-21 E Length: 1317.27 North: 2339037.4439 East: 6293234.5124 Line Course: S ()(} 11..()6 E Length: 661.01 North: 2338376..c373 East: 6293236.6467 Line Course: S 89-47-21 W Length: 1316.89 North: 2338371.5915 East: 6291919.7656 Perimeter: 3956.~7 Area: 870.861, sq,ft. 19.99 acres Mapcheclc Closure - (Uses listed courses. radii. and deltas) Error Closure: 0.0071 Course: N 14-01-25 E Error North: 0.00689 East: 0.00172 Precision 1: 557.263.38 ,. , Page 1 -06099IC01.TXT ., \\, ~.OW '~TOSH &' ASSOC\ATES 2001 Wheelan Court Bakersfield, CA 93309 (661) 834-4814 ~..' ., '. .. . ':'. .' 1".',.' ":. '1,: " $i - p - 1 ~AR~L ~~..tjO. ,2879 fHAPJRSf~ " - J . ll'U11J& -', .;jd I~Mi 2.SA PARCEL...W..l"O. 681 L.A/RS-2.SA pARCEL MAP. .l'W... .~J i . .' ;;, il , , --., -- ~ ~'"E-::-- Mel .,.,,., . ..... . . . . .... '. . '~'::":,:~/:,:';r:}',:~ t~:;.:';,>;,~:~,.~:~,:~::.,>:..,:, '.~.,~'''.: "::~",,,,:,,,,_,,,;(:::-';"::':: "': ". :",::)>:~;"",':~~>:':'(~~'.~:;:~ :::"!f>'~:':::/.~:r"::":::5~:t~~?" ':,; '::-;'<:;(::<",~:::: ',:, '; .. 'In sill IIiJ ! ' , illll lill' "\~ 1* ill ell . . il!11 Jd . lilll 1'1 I I I -- . ....._.u....a-._ IEEIAL P\.Nl ANENDIIEHTIZONE 0WII3E MAP " ; 1 I i , I " , .. ..' .. . ..' EXHIBIT C: MITIGATION/CONDITIONS OF APPROVAL Mitigation/Conditions of Approval General Plan Amendment/Zone Change/Annexation No. 06-2254 Air Quality lMitiaation Measures) 1. The applicant/developer of the project site shall submit documentation to the Planning Department prior to issuance of any building permit that they willlhave met the following air quality mitigation measures: a. PM'o mitigation measures: i. Water all unpaved or haul road surfaces twice each day construction activities occur; ii. Limit speed on all unpaved roads to 15 mph; Iii. Water any exposed ground surfaces twice each day construction activities occur; iv. Stabilize all disturbed areas including inactive storage piles and cowr with a tarp; v. Maintain at least a six-inch freeboard space during transport of materials and/or cover and wet to limit dust emissions; vi. Remove mud or dirt accumulations on public roadways immediately when track out exceeds fifty or more feet as well as at the end of the work day; vii. Cease grading activities during periods of high winds where entrainment of dust will exceed the SJV APCD twenty-percent opacity requirement. b. Construction Equipment Mitigation Measures: I. Limit idling to no more than twenty minutes at a time; ii. All construction equipment shall be maintained to manuactures' specifications; III. Where possible electric equipment shall be used in lieu of diesel or gas powered equipment; iv. Encourage employees at the construction sites to carpool to and from work as well as during the established lunch hours. Mitigation for potentially significant ai, quality impacts. Bioloaical Resources lMitiaation Measures) 2. Although no evidence of the kit fox was found on the project site, since they are known to exist in the general area all construction personnel be trained in sensitive species identification and avoidance techniques and be instructed to be on the lookout for kit fox sign during earth disturbance phases of construction. Any evidence, such as dens, shall be avoided and reported to the reviewing agencies for resolution. Mitigation for potentially significant biological resource impacts. 3. A preconstruction clearance survey shall be conducted within 30 days of initial ground disturbance In accordance with the provisions of the MBHCP. Any identified kit fox dens shall be monitored, excavated, and backfilled In accordance with the recommendations of the MBHCP, CDFG, and USFWS. Mitigation for potentially significant biological resource impacts. 4. Within 30 days of initial ground disturbance, the applicant shall conduct Califomia Department of Fish and Game protocol level Blunt-Nosed Leopard Lizard (BNLL) surveys to detennlne if BNLL are present on the project site. Any evidence shall be reported to the reviewing agencies for resolution. Mitigation for potentially significant biological resource impacts. Exhibit A-1 GPAlZC 06-2254 Mitigation/Conditions of Approval Page 2 of 5 Cultural Resources lMitiaation Measures) 5. 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 Depatment that they have met this requirement prior to commencement of ground-cJisturbance 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. 6. 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 anytime, work shall stop at the location of the find and the Kem 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 Conditions lMitiaation Measures) 7. Prior to the issuance of building permits, the project applicant shall participate in the RTlF program by paying the adopted residential fee in place at time of development. Mitigation for potentially significant traffic impacts. 8. 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 6 of the traffic study. An estimate and fee schedule should be developed by the applicant and approved prior to recordation of a map or issuance of a building pennit. Unit costs used In the traffic study may be outdated due to recent rises In construction costs and shall be updated as appropriate. Applicant shall participate In the improvements required on a pro-rata, fair share basis, prior to the issuance of building pennits, based upon the apjrOved estimates. Proportionate shares from the study as follows: a. Fairfax Rd & Paladino Dr, Add 1 WBL, 2 WBR, 1 NBT, 2 SBL, 0~87% project share b. Fairfax Rd & Panorama Dr, Add 1 WBL, 1.5% project share c. Morning Dr & Panorama Dr, Add 1 NBR, 1 EBl, 2 VVBL, 1 SBL, 4.49% project share d. Panorama Dr & Vineland Rd, Add 1 EBT, 1 WBL, 1 WBT, 1 NBR. 0.62% project share e. Masterson St & Panorama Dr, Add 1 EBR, 1 NBL, 1 SBR, 0.32% project 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 Mitigation for potentially significant traffic impacts. Exhibit A-1 GPAlZC 06-2254 Mitigation/Conditions of Approval Page 3 of 5 City Attomey Condition 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 ("Applicanr 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 attomey or outside law firm to defend the Cty 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 10. 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 Morning Drive and Rivanl Drive to arterial/collector standards for the full frontage of the area within the GPA request, as 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 documents. If a tentative subdivision map over the entire GPAlZC area Is submitted, dedication can be provided with the map. b. Provide dedication, as necessary, for the bike path along Moming Drive and Rivani Drive in conformance with the NE Bakersfield Parks and Trails Plan. c. This GPAlZC area is too small to support it's 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, and shall conform to the NPDES requirements. The developer shall participate in the development of a Planned Drainage Area, or shall Exhibit A-1 GPNZC 06-2254 Mitigation/Conditions of Approval Page 4 of 5 provide some other method for the construction of the ultimate facilities satisfactory to the City Engineer. Any required retention/detention site and necessary easements shall be dedicated to the City. d. Sewer service must be provided to the GPNZC 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 oversizing costs to the developer. e. In order to preserve the penneability 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 stonn drain system to remove or minimize the introduction of oil, grease, trash, and sediments to 1he 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. f. Developer Is responsible for the construction of all infrastructure, both public and private. within the boundary of the GPNZC area. This includes the construction of any and all boundary streets to the cente~ine 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 subdMsion map stage. For orderly development. 11. 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 br any portion of this GPA area. For orderly development. 12. Payment of the proportionate share of the cost of the median for the arterial frontage of the property within the GPNZC request is required prior to recordation of any map or approval of any improvement plan for the GPNZC area. For orderly development. 13. Access to the project area from Paladino Drive is provided by a sub-standard road. With the development of the project area. approved, improved access to the site must be provided. The required improvements shall be 32 feet of paving meeting City design standards for a collector road, with 8' graded shoulders. If it becomes necessary to obtain any off site right of way and if the developer is unable to obtain the required right of way. then he shall pay to the City the up-front costs for eminent domain proceedings and enter into an agreement and post security for the purchase and improvement of said right of way. For orderly development. 14. Prior to issuance of a building permit, the developer shall pay a major transportation facility fee in the amount of $2487 per dwelling unit for residential use and/or 35; per square foot for commercial/industrial use or the fees in effect at the time of building permit approval. If prior to issuance ofa building permit said fee is merged into the regional TIF program then payment of the Exhibit A-1 GPAlZC 06-2254 Mitigation/Conditions of Approval Page 5 of5 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. Fororderly development. Deoartment of Conservation Condition 15. Prior to approval of a tentative tract or approval of site plan, the applicant shall accurately plot all wells on plans and shall provide written confirmation from the Department of Conservation Division of Oil, Gas, and Geothermal Resources (DOGGR) to the Planning Director stating that all oil wells are accurately depicted on the proposed tentative tract or site plan. Police power to preserve public health, safety and welfare. 16. All documented wells on the subject property shall be leak tested and abandoned to the satisfaction of the Department of Conservation Division of Oil, Gas and Geothermal Resources (DOGGR). Written confirmation of this action from DOGGR shall be provided to the Planning Director prior to issuance of building permits on the subject property or recordation of the Final Map. Police poWer to preserve public health, safety, and v.e/fare. Plannina Deoartment Conditions 17. Planned Unit Development plans shall Include a heavily landscaped buffer along the east property line adjacent to the R-S 2.5-acre zoning and a minimum 100-foot setback for any two story structures. For orderly development. 18. Prior to or concurrently with recordation of any final map, the subdivider shall record a covenant on all lots within the subdivision disclosing any potential impacts from uses on adjacent properties. Said covenant shall be reviewed and approved by the City Attomey and Planning Director prior to recordation. Police power to preserve public health, safety, and v.e/fare. RB:\\S:\GPA 2nd 2007\06-2254\ResOrd\Exhlblt A-1 (1 ).doc 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 11th day of OCTOBER, 2007 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4466 ,passed by the Bakersfield City Council at a meeting held on the 10th day of October. 2007 and entitled: AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17,06,020 (ZONING MAP 104-07) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM R-1 (ONE FAMILY DWELLING) TO R- 2/PUD (LIMITED MULTIPLE FAMILY DWELLING/PLANNED UNIT DEVELOPMENT) ON APPROXIMATELY 20 ACRES, GENERALLY LOCATED APPROXIMATELY SIX-HUNDRED FEET NORTH OF PALADINO DRIVE AND DIVIDED BY THE FUTURE ALIGNMENT OF RIVANI DRIVE (ZC 06-2254), PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield BY~~~ cXl,--,~ DEPUTY City Clerk S:\DOCUMENT\FORMS\AOP, ORD, wpd 10/11/2007 ~ If A a a ... '''. "J ORDINANCE NO. ~ POSTED ON by ~~';Offk:e City of Bakersfield IbY~ '-- AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONING MAP 104-07) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAl.. CODE TO CHANGE THE ZONING FROM R-1 (ONE-FAMILY I DWELLING ZONE) TO R-21PUD (LIMITED MULTIPLE FAMILY DWELLING/PLANNED UNIT DEVELOPMENT) ON APPROXIMATELY 20 ACRES, GENERALLY LOCATED APPROXIMATELY SIX-HUNDRED FEET NORTH OF PALADINO DRIVE AND DIVIDED BY THE FUTURE Al..IGNMENT OF RIVANI DRIVE (ZC 06-2254). 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 six-hundred feet north of Paladino Drive and divided by the future alignment of Rivani Drive; and WHEREAS, by Resolution No, 126-07 on July 5, 2007, the Planning Commission recommended denial of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 06-2254 as delineated on attached Zoning Map 104-07 marked Exhibit "A", more thoroughly described in attached Exhibit "B", 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, a Negative Declaration with mitigation was advertised and posted on May 11, 2007, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows for high-medium density residential development; and WHEREAS, the City Council conducted a public hearing on August 29, 2007 to consider the Planning Commission Resolution 126-07; and WHEREAS, the City Council 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 initial 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 compatible with the future development of surrounding uses, 5. The proposed project, as shown on Exhibit "A," is consistent with the Metropolitan Bakersfield General Plan, 1