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Home My WebLink AboutORD NO 4488 ORDINANCE NO. 4488 AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONING MAP 103-31) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE TO CHANGE THE ZONING FROM C-2 (REGIONAL COMMERCIAL) AND R-2 (LIMITED MULTI-FAMILY DWELLING RESIDENTIAL) TO R-3/PUD (MULTIPLE FAMILY DWELLING/PLANNED UNIT DEVELOPMENT) ON APPROXIMATELY 2.34 ACRES, AND C-2 TO C-2/PCD (PLANNED COMMERCIAL DEVELOPMENT) ON APPROXIMATELY 0.25 ACRES, GENERALLY LOCATED AT 701 UNION AVENUE (ZC 07-2017). 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 at 701 Union Avenue; and WHEREAS, by Resolution No. 217-07 on December 20, 2007, the Planning Commission recommended approval of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 07-2017 as delineated on attached Zoning Map 103-31 marked Exhibit "B", more thoroughly described in attached 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 restated herein; and WHEREAS, a Negative Declaration with mitigation was advertised and posted on Novemebr 21,2007, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows for high density residential development and commercial; and WHEREAS, the City Council conducted a public hearing on January 16, 2008 to consider the Planning Commission Resolution 217-07; 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 "B," is consistent with the Metropolitan Bakersfield General Plan. 1 ~f:...K(";)> ~ ~ >- - I- m _ r- <..) <::::1 ORIGINAL 6. The public necessity, general welfare and good planning practices justify the requested zone change, as shown on Exhibit "8." 7. The laws and regulations relating to the preparation and adoption of Negative Declarations as set forth in CEQA, the State CEOA Guidelines, and the City of Bakersfield CEOA 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 103-31 marked Exhibit "B" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "C ". 4. Such zone change is hereby made subject to the "Mitigation/Conditions of Approval" listed in attached Exhibit "A", subject to approval of GPA No. 07-2017. 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. ---------()o()--------- 2 ~ ~t\K(";)> () ~ >- - I- m _ r- <..) <::::1 ORIGINAL 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 JAN ~ 0 2008 by the following vote: ~~ ES: ABSTAIN: ABSENT: ./ ./ ../ ./ /' .,/ Q.\RGBH, BENt1AM, W~IR, COUCH, HANSON, SULLIVAN, SCRIVNER t'\~ (l~ COUNCILMEMBER: COUNCILMEMBER: COUNCILMEMBER: COUNCILMEMBER: fMd~ &n PAMELA A. McCARTHY, C CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED H . HALL Mayor of the City of Bakersfi APPROVED as to form VIRGINIA GENNARO City Attorney By: ~1rl ~ Exhibit A - Mitigation/Conditions of Approval B - Zoning Map 103-31 C - Zone Change Legal Description RB - S:\GPA 4th 2007\07-2017 (inc)\Res-Ord\CC ZC Ordinance 07-2017.doc 3 ~ 'Qt\Kc-~ () ~ ~ ~ (3 t3 ORIGINAL EXHIBIT A MITIGATION/CONDITIONS OF APPROVAL ~M(")jl ~ ~ >- .- I- ~ <3 0 ORIGINAL Mitigati()n/C()nditi()ns ()f Appr()val General Plan AmendmentlZ()ne Change 07-2017, Planned Devel()pment 07-2162 Cultural Resources (Mitioation Measures) 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. Traffic and Circulation (Mitioation Measures) 3. Prior to the issuance of any building permit within the GPA area, the developer shall pay the applicable Regional Transportation Impact Fee (RTIF) to the satisfaction of the City of Bakersfield Public Works Department. Mitigation for potentially significant traffic impacts. Public Works Conditions 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. Submit a comprehensive drainage study of the entire drainage area, to be reviewed and approved by the City Engineer. Any storm water routed on Union Avenue will need approval from Caltrans. b. 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. 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. ~ ~t\K("-9 () ~ >- - I- m _ r- <..) 0 ORIGINAL Exhibit A-1 GPA 07-0619 Mitigation/Conditions of Approval Page 2 of 2 Citv Attornev Condition 6. 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 ("Applicanf' 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 CEOA 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. RB:\\S:\GPA 4th 2007\07-2017 (inc)\Res-Ord\Exhibit A-1 (1).doc ~ 'Q~Kc-~ C) ~ ;:,... ?' I- ~ <3 :; ORIGINAL EXHIBIT B ZONING MAP 103-31 ~t\K(";)> ~ ~ :>- m I- .- <:) 0 ORIGINAL Is .. r fl ., .. 0"- tu .' ~~ r=' ,~~. ~i~ I' I I~-. ~. !e~ out lit " J ~'l i .....-. I- US l/~ :;~ll 65 IPi tl; ~ I Ius ;:;d.. i~~ fJ. ,~~. 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'~~0 ~JillllS . t;:J1 I-II I HI Ii: ~I t-II I I-II I~i ;sJ i-l ~n.u @q--J / 1.~1I1 ~ ~ ~ r;J ~ [tl] c:tiJ 1m] tJml lEJ D:!] liW r;Jml51 t-*l Jt[tlJ5~i l ~mlE HI !~EG;;:;: Ulun 0 I ~~~[ie J Dim [E) [IT] (TIJ I UlIUS, D ~~ ~~N ~[] ~ I!IJ l~::} ~ ~ ~" ... ~ '? '? '? '? ~ "I' "I' : ~ r;J1II [f!J CW [E] l '? I Ill: I:: I:: I:: cr: cr: It: i .tJ~ IT[] (EJ [E] _ II: , I blEl!~l!ffiJ'~1![ill5t~~~Slt[E]5WJi08~B' E I i~" I ~ ~1E=CillllffiJ"[E].~E@![illEI ~-lIlt ':' ':' ~ '? "I' E "I'! ~ t; ~ !::: ~ LSwn . II: II: 10 c U (,) 1-_., N I li !;1lEllI[J 1d-E-il1 [!E] lEJ em [B] [E] r _ljiLJ:'~ __________ u L t.JmJ [ill [ill [E] [ill rEJ CEJ [EJ ITTI [ill 1-:> z.:> ....11I.. ltJUJN3 rel 1m [E] [IT] [E] (EJ IE] [TI] [IT] ___LZ-:> t---~~---J l2: --l o. rAlli3 @ [tl] m lliJ [E] ~ mJ t-If--- _ c1-NI J ,___r~! ~! Ulan OlE (!iJ ~-~:~~ IT:[] [ill.[illI!CITJI!~ ___J.:~L- !_ _t.:~___lyl___~:.!'.....__~ l.fiTil t:j1El IE] 0-:> [E] [ffi"ro:5"1.(EJ"~ o.:>..c 0-:> JH[ 0.:> ]- (J I (J + ~ + t ". liif '" ri:, ~ .1 ~ ,-t-- ::! 0,88ill .-II(}I . _ .... ZONING MAP 103-31 I'- ~ N I I'- 0 W (9 Z <( 'I () W ~ Z .-. 0 li! I N l !i I!l: n H Nil :r... .... II "'- U! I!f :~IlIlHI id I fum 'U~Ui i~Uin iUUii EXHIBIT C ZONE CHANGE LEGAL DESCRIPTION ~Mc;)> ~ ~ >- rn I- r (3 D ORIGINAL LEGAL DESCRIPTION GPAlZC 07-2017 GENERAL PLAN DESIGNATION - General Commercial (GC) ZONE CHANGE DESIGNATION - RegionaJ Commercial Zone (C-2 - PCD) AIUhat portion of Parcel 2 of Parcel Map 5894 in the City of Bakersfield, County of Kern, State of California as per map recorded September 30, 1980 in Book 25, Page 152 of Parcel Maps in the Office of the Kern County Recorder. Together with the South HaW of Lot 3 of Block 3 of California Avenue Park Tract in the City of Bakersfield, County of Kern, State of California, a!l per map recorded April 12, 1920 in Book 3, Page 29 of Maps, in the Office of the Kern County Recorder, more particularly described as follows: The north 154 feet of the east 70 feet. Contains 10,780 square feet, more or less . . ~ ~t\K("~ o ~ >- - I- m - r- <..) C:1 ORIGINAL -- LEGAL DESCRIPTION GP AlZC 07-2017 GENERAL PLAN DESIGNATION - High Density Residentiat (HR) ZONE CHANGE DESlGNA TION - Multi-Family Dwelling Zone (R-3 - PUO) All that portion of Parcels 1 and 2 of Parcel Map 5894 in the City of Bakersfield, County of Kern, State of California as per map recorded September 30, 1980 in Book 25, Page 152 of Parcel Maps in the Office of the Kern County Recorder. Together with the South Half of Lot 3 of Block 3 of California Avenue Park Tract in the City of Bakersfiefd, County of Kern, State of California, as per map recorded April 12, 1920 in Book 3, Page 29 of Maps, in the Office of the Kern County Recorder, more particularly described as follows: All of said Parcels 1 and 2 and said South half of Lot 3 excluding the north 154 feet of the east 70 feet. Contains 2.34 acres (102,090 square feet), more or less . 5kr,~€..O 1\ 1,2. /1:17 'Q t\ K (";)> ~ ~ >- m I- r- (3 <::::1: . 0 R' GlblA\-.-;. '0 '" j - -- ...-__~ ___ ~ 1Gt__1,",1~. I'Illltll.-u 1 · ;,. It') .... 3nNJAV NOrNn lOL -I t.)! ~' "~' tJ ~ N I U /z ~Ak.~ ~ ~ 1Ti <..) G 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 31 st day of JANUARY, 2008 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4488 ,passed by the Bakersfield City Council at a meeting held on the 30th day of January. 2008 and entitled: AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO 13-31) OF THE MUNICIPAL CODE BY CHANGING THE ZONING FROM C-2 (REGIONAL COMMERCIAL) AND R-2 (LIMITED MULTI-FAMILY DWELLING RESIDENTIAL) TO R-3/PUD (MULTIPLE FAMILY DWELLING/PLANNED UNIT DEVELOPMENT) ON APPROXIMATELY 2.34 ACRES AND C-2 TO C-2/PCD (PLANNED COMMERCIAL DEVELOPMENT) ON APPROXIMATELY .25 ACRES GENERALLY LOCATED AT 701 UNION AVENUE. (ZC 07-2017) PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield BY:~~~ DEPUTY City Clerk S:\DOCUMENT\FORMS\AOP .ORD.wpd 2/1/2008 ORDINANCE NO. 4488 AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONING MAP 103-31) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE TO CHANGE THE ZONING FROM C-2 (REGIONAL COMMERCIAL) AND R-2 (LIMITED MULTI-FAMILY DWELLING RESIDENTIAL) TO R-3/PUD (MULTIPLE FAMILY DWELLING/PLANNED UNIT DEVELOPMENT) ON APPROXIMATELY 2.34 ACRES, AND C-2 TO C-2/PCD (PLANNED COMMERCIAL DEVELOPMENT) ON APPROXIMATELY 0.25 ACRES, GENERALLY LOCATED AT 701 UNION AVENUE (ZC 07-2017). POSTED ON \ \31 \c5 by City Clerk's Office City of Ba~sfield by trI'-- 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 at 701 Union Avenue; and WHEREAS, by Resolution No. 217-07 on December 20, 2007, the Planning Commission recommended approval of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 07-2017 as delineated on attached Zoning Map 103-31 marked Exhibit "B", more thoroughly described in attached 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 restated herein: and WHEREAS, a Negative Declaration with mitigation was advertised and posted on Novemebr 21,2007, in accordance with CEOA; and WHEREAS, the general plan designation for this area allows for high density residential development and commercial; and WHEREAS, the City Council conducted a public hearing on January 16, 2008 to consider the Planning Commission Resolution 217-07; 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 CEOA. 4. The proposed project is compatible with the future development of surrounding uses. 5. The proposed project, as shown on Exhibit "B," is consistent with the Metropolitan Bakersfield General Plan. 1