The URL can be used to link to this page

Home My WebLink AboutORD NO 4491 ORDINANCE NO. ~ AN ORDINANCE ADOPTING A NEGATIVE DECLARATION, UPHOLDING THE APPEAL, AND AMENDING SECTION 17.06.020 (ZONING MAPS 101-13 AND 101-24) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE TO CHANGE THE ZONING FROM A (AGRICULTURE ZONE) TO M- 1 (LIGHT MANUFACTURING ZONE) ON APPROXIMATELY 10 ACRES AND A (AGRICULTURE ZONE) TO E (ESTATE DWELLING ZONE) ON APPROXIMATELY 17 ACRES, GENERALLY LOCATED SOUTH OF HAGEMAN ROAD, WEST OF PIEDMONT AVENUE AND EAST OF THE BURLINGTON NORTHERN SANTA FE RAILROAD (ZC 07-1077). 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 south of Hageman Road, west of Piedmont Avenue, and east of the Burlington Northern Santa Fe railroad; and WHEREAS, by Resolution No. 189-07 on October 18, 2007, the Planning Commission recommended approval of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 07-1077 as delineated on attached Zoning Maps 101-13 and 101-24 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 July 17,2007, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows for light manufacturing and low-density residential development; and WHEREAS, the applicant, Jim Marino, has appealed the recommendation of the Planning Commission in a letter dated October 23,2007; and WHEREAS, the City Council conducted a public hearing on December 12, 2007 to consider the Planning Commission Resolution 189-07; 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 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. 1 ~ ~M~-9 o ~ :>- - I- rn _ r- o 0 ORIGINAL 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. The Appeal of the Planning Commission recommendation is hereby upheld. 4. 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 Maps 101-13 and 101-24, marked Exhibit "A" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "B ". 5. Such zone change is hereby made subject to the conditions of approval listed in attached Exhibit A - 1. 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. ---------000--------- 2 X ~M~-9 o ~ >- ... I- rt'1 _ r- o 0 ORIGINAL I HEREBY CERTIFY that the foregoingOrdinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on FEe 1 ~ 2008 by the following vote: AYES: NOES: ABSTAIN: ABSENT: CAR~N, BEN~, w~ CO&H, HAioN, i"III".\tl, SC~ER V\ ITvI /l.. ~~WlJnA COUNCILMEMBER: COUNCILMEMBER: COUNCILMEMBER: COUNCILMEMBER: PAMELA A. McCARTHY, CMC CITY CLERK and Ex Officio Cle k of the Council of the City of Bakersfield APPROVED APPROVED as to form VIRGINIA GENNARO City Attorney By: ~rn , ~ Exhibit A - Zoning Map 101-13 and 101-24 B - Zone Change Legal Description C - Mitigation/Conditions of Approval RB - S:\ZoneChange\yr 2007\07-1077\ResOrd\CC ZC Ordinance 07-1077.doc 3 ~ ~M~1> o % :>- - I- rn - r- o 0 ORIGINAL Exhibit A: Zoning Maps 101-13 and 101-24 ~ ~M~-9 o ~ >- ,.,.. I- m - r- C> 0 ORIGINAL iii r()~ -a; I o 90.. . ~<(: LL N :Q~f-' w X ~C) LLZ OZt2 >-0 . t::N~ u en !.':! ~ ~ 'l .. ~ .. a: ~~ i~ : ii! a: ~~ .. ~~cno. ~ w ~ ~ '=~G~ U"'"''''CL o Z 1&.1 t!) W J oj. o g a: ;;; 0: oj. , w _ e ;;; ~W ~~ ~;; ~5 99 94 z ~ ~ :r~ i~ ~ '" ~., g i! ~; ... 2 ~ 2 ~ ~~ ~= ~ ~ ~ ~ ~ E ~ s! ~~ = 3 2 ....:1. l wi", W ~:~ ~z",~-i-~-~~~~ ~w~ ~w ~~ ~2 ~ 2g~~~~2~;>;~~t2~~ ~~: .~ ~2w2~ ~ !~:~!~~~i~i~i~~~;t IIIJ;~ i: ~~2~~ ~ II: : (t: - a:: i:i _ ""'-;. 0,,; 111 0 Q. ~ Ill' ~ :! - ~ ~ \&I! ~ ~ ::: .. z III i~~~~~~~~w_~.o60~~S~~~ ~~~: OO~!8wll:~ ~~~~~~~~~~:i:~Z~!N<<~~~ 2N::W~;~~f~~~N ~ J...,.......-z... ""' "'! z we Oll:tEt. Ne" ~ ~ ~ 9 ~ ; ~ ~8 is:'''g ;:,! ~ 8 ~ Z u } ~ r: ~ g ~ ~ S N ;= ~ Cl ! ~ ... :! ~ ~~'~2;~io~ ~~.~~~o~~o~...~~~~~ ~~~~~~~ %~t ~""~:::J"'~~w",S....~""zw.,I6I'W ~ :lnc:;J;t25~~~lI:o ~~...~~ ~~~~~~~i~i~~~;~iii~~i!~~~~~~~~~~go~i~~~ ~(t:~I(t:<<o~_~_~_~CU~VV~J~O~~~c~%ice~~o~I~1 l!l'" ~~ . ~~ o cS ~......~;s ~ ., :i%?:-':",!v,;-~",w ~ xV' 04:o.G. ,...z()~ tt ~ ~<<uuuu~~~o<<....~~iOClC~""'~""2~S ~i OJ ~ ~.~ ~ ..;" ,,=it w z 2 ~ ~ ~~ ~~::~ :al:.~ ~; ~ ~" i'2c "~i 00 ~~~ ~i~i ,.u ,-, "CO ;~;t &0......,.. ;~~a ..,el! i~~ ~f! ~..:z :;~ ~! .~ :-.a~ 5!gS ~!~~ !!;; asi .. .. n2 ~.;, -,., J!: II: ~ Ii: ZONE CHANGE 07-1077 i &:3 ~; a:~ II/-ZO' tI." _~ ~! ~~ .. h cZ: ~ "3/1;' .!Ir I ,... ere ~ --------------- cZ: ;; .. f cr .. 311M ~ f g ! 1S :l ~ .. - 0 .,.. .. <.> T a: ~ ......~.._ z il I I I,. IS I';' Id: I I _3 <:;& ~ O't'OH N3"" ..,- '01 ~." --s '7'U.II~I~ (li- d:'" <( ~ . ;~.~. ~1"l:rJi ~;.-!!. i~ ;~ o....~ ~~1 ~~.. :~~ !J~'IC~ :nD g::!i ;~~\J ~~&.,5~ !:~a; ow, !sb; ~i;Si ~:; :t., 1'5:~: !g~ .......-=0 l.AO , 2~ ~~ ~"6 :~! ..ow .u~ ...~: =::\ .~o~ ~~~ uuu f ~ - I I .. o 2 .. J C ~ o ~ + .. ... ~ ~ 'l a ~~ ~tl .;;~ i~ d~ ;J <I~ 2~ 3d -5 i: .. - ., '" ~~- <"~NN _ "J.~Ill~"; ~Cl\ I .... 1IIl:l o~s"i ~-Iolv~",s:.., 3l8-"'m=lol:5 ;;;~~ ~N la~ S!~CiI~i ~ '.". p.13-:: o8!.!l!!!:~ i~iS~U~ ~~~~~~~ ::.s.s;I!;:;o~E .. ~- .. S;~~ S~;} ;;:;~~i~~: ji:lcS"'111V ffti5J~Bi; iCi;~.!l816~~ ~~~i~:~~ ~"~ <1:5:1 R;g~i3~~ Q: 2'o~ I"~~~~~~~; !i":; ~~:i :E!!i~~!!ig;joo ii3:el!:;r!:i ~ , ! 11'\1 1'2 ~-9 ~ rn r- (.) 0 ORIGINAL ~, 1 ~ iii v~ C\I~ , Q aa.. -<(II ~:E.. 1&.1 :II: !C) Z ~z:; >-0 . 5N~ I! I i~ i ~ai I! g....'.~ ~ I U~ . III --- "-1- -- --w- 9 . I I . ... <( I ii- I !w ~5 ~ ~!l '9 .. i II .1- - --- '- --!--- . '-- I -- 2 · w I l! . :I. 2: v .... i ., I; ! ~ J I ~ I; I l;il~u!.j-iiillil.1 1,1 I, Ii II I I -1:2 1:2"'i~ .:l' N N ~2i ..2 INlr I .il ,hllll . ~ 2'- Ii I 2.. I I IIldhl:I:IU!uli,i IIII i~j'III,li ~~~~f~~i:i:folltl~;I;illi~~i~~I.illl!:llw llililili;a~o~t,:lii.~~a ~5;;I~I&~~WiiI4~~ e I ! II ; ! i ~j ~~ i 1 ! II ~ I ~ !! ! i II i! i ; i ! I ~ : I i I h I lla r ~'i. a c: . I' .1 I It!? .ia I - I~. --i! . .. i91- - ~ ..~ Sa I . I~~ i~ ~~ I ~ i" e ~ n! Iwp . .a~ i!_ !. ~l I I:~I r. .. J~ , fN ..10 ~ ..181 ' ~i1~! i i~I"- - :;~;. I rJ:9! it !~r · ~~.: J !:&~i ~ I~ aar" l iiJlI ~ s = a; :rt t~~t ... .. -' 0.....,0_.... I. !-~ , . :II.. I . , u. . .. Ill.. ~ . . ~.uwuu~.aIW.c&u el.t~.~lw ZONE CHANGE 07-1077 ~- *" .. -- y~ + 10/' "'i III '" III ,-- I I I I I .' III I I d:1~ -.1. I r I I ! .. f f 8 - -- . w Ill' . ~ III = r'~ f 1- ~I .! Ii . a I ----,----- I I I I I t I I , I I I I I I I I I I I 1 8 i r------ I II 1..------ ! ., II: I IIIII! I!II!~' Ilidi IJIIIII zdn: bin. I ! . i + . III Ii: "-IIN _ H, ZONING MAP 101-24 -9(j") ;..n rn r- (.) 0 ORIGINAL ~ :>- S: Exhibit B: Zone Change Legal Description 'QM~1> cJ- ~ >- - f- rn _ r- (.) 0 ORIGINAL Zone Change Legal Description Parcel "A" Being a Zone Change of all that portion of Lot 29 of Oder's Rosedale Subdivision filed in Book 2, Page 7, of Maps, located in the Northwest Quarter of Section 24, Township 29 South, Range.26 East, Mount Diablo Meridian, in the unincorporated area of the County of Kern, State of California, in the office of the County Recorder of said County, more particularly described as follows: Commencing at the Northwest comer of said Section; 1. Thence South 89011' 15" East along the North line of said Section, a distance of 62.15 feet to a point on the northeasterly railroad right-of way (100 feet wide) as shown on Parcel Map No. 2355 in Book 11, Page 11, of Parcel Maps, said point being on the prolongation of the southwesterly line of Lot 29 ofOder's Subdivision and being the "True Point of Beginning;" 2. Thence South 89011' 1 5" East along the north line of said Section, a distance of 814.63 feet to the northwest comer of Parcel 1 of Parcel Map No. 11071 in Book 53, Page 109 through 110, of Parcel Maps; 3. Thence South 00042'17" West along the west line of Parcel 1 of said parcel map, a distance of 475.00 feet to the southwest comer of said parcel; 4. Thence South 89011' 15" East along the south line of said parcel, a distance of 275.00 feet to a point on the west line of Parcel 1 of Parcel Map No. 2355; 5. Thence South 00042'17" West along the west line of said Parcell of Parcel Map No. 2355, a distance of 309.08 feet to the southwest comer of said parcel; 6. Thence South 89011 ' 15" East along the south line of Par~els 1, 2, and 3, of Parcel Map No. 2355, a distance of 500.00 feet to the east line of Parcel Map 2355, said east line being the centerline of Piedmont Avenue; 7. Thence South 00042' 17" West along said centerline and the extension thereof, a distance of 804.02 feet to the northeasterly railroad right-of-way (100 feet wide as shown on Tract 4980-Phase 2) and being the southwesterly comer of Tract 4980- Phase 2; ~ ~Ak~-9 o U> :>- ""' I- m - r- (.) <::J ORIGINAL 8. Thence North 44016'08" West along said right-of-way, a distance of 2249.1 1 feet to the "True Point of Beginning." Containing 16.98 Acres, more or less. Attached hereto is a sketch labeled Exhibit "B" and by this reference made part hereof. End of Legal Description ~ ~~K~-9 o ~ :>- - f- m _ r- o 0 ORIGINAL Zone Change Legal Description Parcel "B" Being a Zone Change of all that portion of Lot 26 and Lot 27 of Sales Map of Lands of Kern County Land Company in Section 13, Township 29 South, Range 26 East, Mount Diablo Base and Meridian, in the unincorporated area of the County of Kern, State of California, according to the Sales Map of the Kern County Land Company filed November 24, 1891 in the office of the County Recorder of said county, more particularly described as follows: Commencing at the Southwest Comer of said section; 1. Thence South 89011' 15" East along the south line of said Section, a distance of 645.22 feet to the southeast comer of Lot 25 of said Sales Map and being the "True Point of Beginning;" 2. Thence North 00047'53" East along said east line of said Sales Map lot, a distance of 588.47 feet to the beginning of a non-tangent curve concave southwesterly having a radius of 1370.00 feet, a radial line to said curve bears North 00051 '41" East; 3. Thence easterly and southeasterly along said curve through a central angle of 38046'15" an arc length of 927.05 feet to a reverse curve, concave northeasterly having a radius of 1430.00 feet; 4. Thence southeasterly along said curve through a central angle of 11026'34" an arc length of 285.59 feet to a reverse curve concave southeasterly having a radius of 20.00 feet; 5. Thence southeasterly and southerly along said curve through a central angle of 88001 '26" and arc length of 30.73 feet; 6. Thence South 26012'48" West, a distance of5.86 feet to the beginning ofa curve concave northwesterly having a radius of 120.00 feet; 7. Thence southwesterly along said curve through a central angle of 64035'57", an arc length of 135.30 feet to a point on a line lying 30 feet northerly and parallel with the southerly line of said section; 8. Thence North 89011 'IS" West along said parallel line, a distance of 421.65 feet to the beginning ofa curve concave northeasterly, having a radius of25.00 feet; ~ ~t>.k~-9 o % :>- - I- rn - r- o 0 ORIGINAL 9. Thence northwesterly along said curve through a central angle of620W'55", an arc length of27.13 feet to a reverse curve concave southeasterly, having a radius of 50.00 feet; 10. Thence northwesterly, westerly, southwesterly and southerly along said curve through a central angle of 175046'37" an arc length of 153.39 feet to a point on the southerly line of said section; 11. Thence North 89011 'IS" West along said Section line, a distance of 460.50 feet to the "True Point of Beginningo" Containing 9.95 Acres, more or less. Attached hereto is a sketch labeled Exhibit "B" and by this reference made part hereof. End of Legal Description ~ fl,.K ~ -9 ~ ~ :>- ~ I- rn - .. (.) CJ ORIGINAL EXHIBIT wBw SEC. 14 5ALf5 MAP Of LANDS Of KERN COUNlY LAND COMPANY LOT 25 SEC. 13 "THIS MAP IS PROVIDfD fOR ILLU5TATION PURfQ5E5 ONLY" ,.'t;..t ,'~ ,- dt~,- ,- ~'/~ /~v' TRACT 5994 L12 ~/ Co/ 1\1r)/ ."J'/ 0)/ '?(Q' &)~ ~'t. ~c? ~~\J7 fct.~;V ~J5' L11 ~ ::..OJ; ~~. 7~ C3 P.O.C. (PARCELS "A" AND "6") N.w. COR. SEC. 24 T. 295., R. 2G E., M.D.M. en ...J PARCEL "8" APN:527-0JO...Q I 1-=400' SEC. 23 IU -~ ,,< . oQ..1lt l'--~O ...J -< .('l')O ~1l1- o..:~- 10 P.M.2355 61<... I I AT PG. I I . O.R 2 3 2 <n- '<tl- ~~ I- PARCEl"A" ... APN; 4GS...Q20-GO. SEC. 24 2 <nN '<tl- lJz ~::l I- ~ I -~-I ~ I 400' 1600' LENGTH 927.05 285.59 30.73 135.30 27.13 153.39 o 800' JANUARY, 2007 20250070 ~C- ~~ Stantec Stantec Consulting Inc. 1400 18th Street Bakersfield. CA 93301 Tel. 661.616.0000 f(Jx. 661.616.2400 www .stc:lI1tec~om CliInt/Projlct CRAIG HUMMEL 33 ACRE MI)(ED USE COMMERCIAL SITE r... NIl. 1 TIlII ~ ~p.,K~-9 o ~ GPAlZC 00 0000 ;: m COUNTY OF KeR~OR t; IGINAL Exhibit C: Mitigation/Conditions of Approval ,. 'O"'II\~~ cY .~ i= f;1 - . c> D ORIGINAL Mitigation/Conditions of Approval Zone Change/Annexation No. 07-1077 Cultural Resources (Mitigation 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 (Le. 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 Conditions (Mitigation Measures) 3. Prior to the issuance of building permits, the project applicant shall participate in the RTIF program by paying the adopted residential fee in place at time of development. Mitigation for potentially significant traffic impacts. Noise Conditions (Mitigation Measures) 4. Outdoor activity areas of residential areas shall be designed such that noise from trains does not exceed 65 dB CNEL. The project applicant shall retain a qualified acoustical consultant to design treatments for residences located adjacent to the BNSF track such that exterior train noise does not exceed 65 dB CNEL at outdoor activity areas. Treatments may include methods such as construction of a sound wall or earth berm between the new residences and the track or placement of building structures between the track and outdoor activity areas. With submittal of a subdivision application, the acoustical consultant shall provide a report detailing the acoustical treatments and subdivision design standards to be used for compliance with this performance standard. The report must be reviewed and approved by the City with any proposed tentative tract or issuance of a building permit, whichever comes first. The design of project buildings will reflect the approved report. Mitigation for potentially significant noise impacts. 5. Interior areas of residential units shall be designed such that noise from trains does not exceed 45 dB CNEL. The project applicant shall retain a qualified acoustical consultant to ensure that ~t>.Kt--9 ~ ~. :>- r; I- r <:) C ORIGINAL Exhibit C ZC 07-1077 Mitigation/Conditions of Approval Page 2 of 4 interior noise levels from trains at residences does not exceed 45 dB CNEL. If treatments are necessary, treatments may include installing acoustically rated doors and windows, and blocking sound transmission paths through vents or other openings in the building shell. The acoustical consultant will prepare and submit to the City a report detailing compliance with the interior noise performance standard or, if necessary, the acoustical treatments to be applied to the building for compliance with the interior noise performance standard. The report must be reviewed and approved by the City with any proposed tentative tract or issuance of a building permit, whichever comes first. Mitigation for potentially significant noise impacts. City 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 ("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 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 7. 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 Hageman Road to arterial 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. b) Submit a comprehensive drainage study of the entire ZC area. The sump is to be designed to city standards. The study shall be approved and any required retention site and necessary drainage easements dedicated to the City. ~ ~M~1> o % >- - I- rn - ,.... (.) C" ORIGINAL Exhibit C ZC 07-1077 Mitigation/Conditions of Approval Page 3 of 4 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. 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. e) Developer is responsible for the construction of all infrastructure, both public and or private, within the boundary of the ZC area. The developer is also responsible for the construction of any off site infrastructure required to support this development, as identified in these conditions. For orderly development. 8. 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. 9. Payment of median fees for the arterial frontage, Hagemen 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. 10. Access to Hageman Road is limited and shall be determined and approved at site plan review. For orderly development. 11. A future grade separation (not a requirement of the developer) will be constructed on Hageman Road at the railroad tracks. Access to the site may be altered or reduced. For orderly development. 12. 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. 13. At the time of the development for the industrial parcel, the developer shall construct pavement, curb & gutter on both sides of Hageman Road from the northwest corner of the property and west side of Tract 5594 to Allen Road. Improvements would generally be along the south side of Assessor's Parcel 527-020-10 (approximately 640 feet), the north side of Assessor's Parcel 527-020-11 and within the existing right-of-way. For orderly development. a. The south side of Hageman Road shall be widened from the west edge of the subject property to Santa Fe Way. The north side of Hageman Road shall be widened from the west edge of the subject property to Allen Road ~ ~A.K~-9 o ~ >- - I- rn _ r- (.) 0 ORIGINAL Exhibit C ZC 07-1077 Mitigation/Conditions of Approval Page 4 of 4 Park District Conditions (NOR) 14. Park development fees must be paid to help mitigate the cost of developing park improvements to meet the needs of NOR residents. For orderly development. 15. Prior to recordation of a final map, the subdivider shall pay an in-lieu fee base on a parkland dedication of 2.5 acres per 1000 population in accordance with Chapter 15.80 of the Bakersfield Municipal Code. If the number of dwelling units increases of decreases upon recordation of the final map(s), the parkland requirement shall change accordingly. Refer to BMC Chapter 15.80 and the Planning Information Sheet regarding calculation and payment of in-lieu fees. This subdivision is located within the boundaries of the North of the River Recreation and Park District. In accordance with Government Code Section 66020(d), you are hereby notified that the 90-day period in which you may protest the imposition of this fee has begun. BMC Chapter 15.80 requires the Planning Commission to determine if a subdivider is to dedicate parkland, pay an in-lieu fee, reserve parkland or a combination of these in order to satisfy the City's parkland ordinance for North of the River Recreation and Park District. Staff is recommending this condition in accordance with BMC Chapter 15.80. For orderly development. 16. Prior to recordation of a final map, the subdivider shall provide the Planning Department written proof/verification from North of the River Recreation and Park District that said project is within the NOR Park Maintenance District. For orderly development. RB:\\S:\ZoneChange\yr 2007\07-1 077\ResOrd\Exhibit A-1 (1 ).doc ~ ~M~-9 o % >- - I- rn _ r- (.) t:;J 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 14th day of February, 2008 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4491 ,passed by the Bakersfield City Council at a meeting held on the 13th day of February, 2008 and entitled: AN ORDINANCE ADOPTING A NEGATIVE DECLARATION, UPHOLDING THE APPEAL, AND AMENDING TITLE 17 (ZONE MAP NOS. 101-13 AND 101-24) OF THE MUNICIPAL CODE TO CHANGE THE ZONING FROM A TO M-1 ON APPROXIMATELY 10 ACRES AND A TO E ON APPROXIMATELY 17 ACRES GENERALLY LOCATED SOUTH OF HAGEMAN ROAD, WEST OF PIEDMONT AVENUE AND EAST OF THE BURLINGTON NORTHERN SANTA FE RAILROAD (ZC 07-1077) PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield BY:'--P~~ DEPUTY City Clerk S:\DOCUMENT\FORMS\AOP.ORD.wpd 2/14/2008 ~ ~AK(-9 o ~ >- - t- m - r- C> D ORIGINAL ORDINANCE NO. ~ AN ORDINANCE ADOPTING A NEGATIVE DECLARATION, UPHOLDING THE APPEAL, AND AMENDING SECTION 17.06.020 (ZONING MAPS 101-13 AND 101-24) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE TO CHANGE THE ZONING FROM A (AGRICULTURE ZONE) TO M- 1 (LIGHT MANUFACTURING ZONE) ON APPROXIMATELY 10 ACRES AND A (AGRICULTURE ZONE) TO E (ESTATE DWELLING ZONE) ON APPROXIMATELY 17 ACRES, GENERALLY LOCATED SOUTH OF HAGEMAN ROAD, WEST OF PIEDMONT AVENUE AND EAST OF THE BURLINGTON NORTHERN SANTA FE RAILROAD (ZC 07-1077). POSTEDON- ~11~08 _ : by City Clerk's Office i City of by, B~ield 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 south of Hageman Road, west of Piedmont Avenue, and east of the Burlington Northern Santa Fe railroad; and WHEREAS, by Resolution No. 189-07 on October 18, 2007, the Planning Commission recommended approval of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 07-1077 as delineated on attached Zoning Maps 101-13 and 101-24 marked Exhibit "A", more thoroughly described in attached Exhibit liB", 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 July 17, 2007, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows for light manufacturing and low-density residential development; and WHEREAS, the applicant, Jim Marino, has appealed the recommendation of the Planning Commission in a letter dated October 23, 2007; and WHEREAS, the City Council conducted a public hearing on December 12, 2007 to consider the Planning Commission Resolution 189-07; 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 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. 1 ~Mt-s> ~ ~ >- rn f- r -0 0 ORIGINAL