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HomeMy WebLinkAboutORD NO 4497 ORDINANCE NO. 4497---- AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONING MAP 103-24) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE TO CHANGE THE ZONING FROM C-2/PCD (GENERAL COMMERCIAL/PLANNED COMMERCIAL DEVELOPMENT) AND R-2 (LIMITED MULTI-FAMILY DWELLING RESIDENTIAL) TO C-O (COMMERCIAL OFFICE) ON APPROXIMATELY 13 ACRES, AND R-2 TO C-2/PCD ON 4 ACRES, GENERALLY LOCATED SOUTHWEST OF HIGHWAY 178 AND MORNING DRIVE (ZC 07-1715). 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 southwest of Highway 178 and Morning Drive; and WHEREAS, by Resolution No. 208-07 on December 20, 2007, the Planning Commission recommended approval of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 07-1715 as delineated on attached Zoning Map 103-24 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 Novemeber 28, 2007, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows for commercial development; and WHEREAS, the City Council conducted a public hearing on February 13, 2008 to consider the Planning Commission Resolution 208-07; 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 ~ <oAKt:''9 o ~ >.-. - I- m o G ORIGINAL 6. The public necessity, general welfare and good planning practices justify the requested zone change, as shown on Exhibit "B." 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 103-24 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. 07-1715. 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 <<. <oAK$"'9 o ~ >- f- m r- o CJ ORIGINAL I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on MAR 1 2 2008 by the following vote: ~ ~: ABSTAIN: ABSENT: ~ ,-- / ~ ~ ~ COUNCILMEMBER: CA ON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER: COUNCILMEMBER: COUNCILMEMBER: PAti.~!N I~ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED MAR 1 2 2008 APPROVED as to form VIRGINIA GENNARO City Attorney Bv:f#'7/l #wf,- Exhibit A - Mitigation/Conditions of Approval B - Zoning Map 103-24 C - Zone Change Legal Description RB - S:\GPA 4th 2007\07-1715\Res Ord\CC ZC Ordinance 07-1715.doc 3 y <:QAK$"~ cy ~ :"'" ,.. m .) r; ORIGINAL EXHIBIT A MITIGATION/CONDITIONS OF APPROVAL y 'D M$"'9 0' ~ >- f.. C) r'l r- CJ ORIGINAL Mitigation/Conditions of Approval General Plan AmendmentlZone Change 07-1715 Air aualitv (Mitiaation Measures) 1. The applicant/developer of the project site shall submit documentation to the Planning Department prior to approval of grading plans that they willlhave met the following air quality mitigation measures: a. Construction Equipment Mitigation Measures: i. Properly and routinely maintain all construction equipment, as recommended by manufacturer manuals, to control exhaust emissions; ii. Shut down equipment when not in use for extended periods of time to reduce emissions associated with idling engines; iii. Encourage ride sharing and use of transit transportation for construction employee commuting to the project sites; iv. Use electric equipment for construction whenever possible in lieu of fossil fuel- fired equipment; v. Curtail construction during periods of high ambient pollutant concentrations; this may include ceasing of construction activity during the peak-hour of vehicular traffic on adjacent roadways. b. Fugitive Dust Mitigation Measures: i. All disturbed areas, including storage piles, which are not being actively utilized for construction purposes, shall be effectively stabilized of dust emissions using water, chemical stabilizer/suppressant, covered with a tarp or other suitable cover, or vegetative ground cover; ii. All onsite unpaved roads and offsite unpaved roads shall be effectively stabilized of dust emissions using water or chemical stabilizer/suppressant; iii. All land clearing, grubbing, scraping, excavation, land leveling, grading, cut & fill, and demolition activities shall be effectively controlled of fugitive dust emissions utilizing application of water or by presoaking; iv. When materials are transported offsite, all materials shall be covered, or effectively wetted to limit visible dust emissions, and at least six inches of freeboard space from the top of the container shall be maintained; v. All operations shall limit or expeditiously remove the accumulation of mud or dirt from adjacent public streets at the end of each workday (the use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions; use of blower devices is expressly forbidden); vi. Following the addition of materials to, or the removal of materials from, the surface of outdoor storage piles, said piles shall be effectively stabilized of fugitive dust emissions utilizing sufficient water or chemical stabilizer/suppressant; vii. Within urban areas, trackout shall be immediately removed when it extends 50 or more feet from the site and at the end of each work day; viii. Any site with 150 or more vehicle trips per day shall prevent carryout and trackout; ix. Asphalt-concrete paving shall comply with San Joaquin Valley Air Pollution Control District Rule 4641 and restrict the use of cutback, slow-cure and .c, (?:J' K $" ~ o ~ rl ,- (J Y:{iGI1\IAL Exhibit A GPAlZC 07-1715 Mitigation/Conditions of Approval Page 2 of 8 emulsified asphalt paving materials; x. Cease grading activities during periods of high winds (greater than 20 mph over a one-hour period); xi. Limit construction-related vehicle speeds to 15 mph on all unpaved areas at the construction site; xii. Implementation of carryoutltrackout mitigation measures, such as gravel pads, in accordance with the requirements of the SJV APCD Regulation VIII. Mitigation for potentially significant impacts. Bioloaical Resources (Mitiaation Measures) The following are a general description of the biological resource mitigation measures for the proposed project site. A detailed comprehensive list of biological resource mitigation can be found in Appendix E of the submitted Biota Report from M.H. Wolfe and Associates (November 2007), and the applicant/developer shall be held to such standards: 2. Prior to approval of site plans, the project proponent shall identify in writing to both the US Fish and Wildlife Service and the Califomia Department of Fish and Game an environmental liaison. This person will be responsible for ensuring compliance with the environmental mitigation and take avoidance measures. Mitigation for potentially significant impacts. 3. Prior to approval of grading plans or ground disturbance, the environmental liaison shall draft and prepare an Environmental Education and Compliance Plan. The plan will be used to train employees and contractors to ensure that the required environmental compliance measures are implemented. Prior to initiation of construction, a preconstruction training session will be held to ensure all responsible parties are aware of what the environmental protection and mitigation measures are and how to ensure they are implemented. Mitigation for potentially significant impacts. 4. Where possible, all Bakersfield cacti shall be avoided during construction. All Bakersfield cactus that cannot be avoided shall be transplanted to special landscaped areas included in the development plan. Mitigation for potentially significant impacts. 5. In the Spring of 2008, BNLL surveys will be conducted according to the CDFG approved protocol. If any BNLL are found on the site, consultation with the CDFG is necessary because it is a fully protected species under Section 5050 of the Department of Fish and Game code. Mitigation for potentially significant impacts. 6. Potential kit fox dens were located on this site during the surveys. During implementation of the construction phases, new dens may be developed. Consequently, agency guidelines regarding tracking and excavation will be followed to prevent entrapment of animals in potential dens. Mitigation for potentially significant impacts. 7. Prior to approval of grading plans or ground disturbance, preconstruction surveys will be conducted to identify known dens of protected species and to ensure appropriate and/or necessary take avoidance measures are implemented. If known dens are encountered, agency guidelines will be followed to ensure no San JoaCluin kit foxes are entrapped in the burrows. Mitigation for potentially significant impacts. <.: 'OAk!:/,> () ',," > ~ f n L~) t; OFilGINAL Exhibit A GPAlZC 07-1715 Mitigation/Conditions of Approval Page 3 of 8 8. To minimize the potential for increased vehicular mortality of the San Joaquin kit fox, slow speed limits (20 mph or less) will be posted on the construction site. In addition, passage for the San Joaquin kit fox will be ensured under roadways that affect open habitat areas. Mitigation for potentially significant impacts. 9. Preconstruction surveys for Westem burrowing owls shall be conducted prior to disking or ground disturbance to prevent their entrapment. The commencement of construction shall avoid the nesting and fledging season from January through June, as the US Fish and Wildlife Service no longer authorizes permits for the relocation of eggs or young. Take avoidance measures for Westem burrowing owls shall be followed. Mitigation for potentially significant impacts. 10. During construction and development the following special mitigation measures are required to prevent take of ranging protected species and to help prevent indirect or direct take of species directly adjacent to the project area. These measures will also help prevent the adjacent properties from being significantly affected by the rezoning and potential development of this property: a. If any lands are disturbed during construction that are not being developed they shall be revegetated and returned to a state of natural habitat. b. Under Section 1600 of the CDFG code, notification will be submitted to CDFG regarding work in the drainages. A SWPPP (storm water pollution prevention plan> will be prepared and implemented to protect off site drainage from sediment accumulation according to regulatory requirements. c. Lighting will be shaded and directed away from adjacent habitat to protect nesting and roosting bird species off-site and to minimize the potential for increased predation off or on the proposed project and adjacent areas. This will also limit the number of flying insects attracted to the site which may draw predators such as the burrowing owl to the development where risk of injury or death would be higher. d. Both during and after construction, all food, garbage, paper and plastic shall be disposed of in closed containers and regularly removed from the site to minimize attracting ranging kit fox, or other animals to the site where they may be harmed. Kit fox and other animals may eat plastic sandwich bags or other non-food garbage items, which may cause their death. e. Extensive litter frequently accumulates around roads, buildings and fences. This can have an adverse effect on both humans and the adjacent wildlife habitats. Covered litter barrels or other types of receptacles shall be provided at appropriate locations during construction to help reduce this problem. The presence of human food attracts and concentrates larger than normal numbers of wildlife to a construction site or project area where they have a higher risk of being harmed. 1. All pipes, culverts or similar structures with a diameter of four inches or greater shall be kept capped to prevent entry or entrapment of kit foxes. If they are not capped or otherwise covered, they should be inspected twice daily, and also prior to movement, burial or closure to ensure no kit foxes or other wildlife becomes entrapped. g. Any excavations will be provided with escape ramps or otherwise be covered to prevent injury of wildlife or their entrapment. Excavations could otherwise be protected during < <:QAK(:-~ C) < <S' "" r.. r- CJ DM1GINAL >- j.-.- Exhibit A GPAlZC 07-1715 Mitigation/Conditions of Approval Page 4 of 8 construction with wildlife exclusion fencing which would reduce the possibility of ranging animals from being harmed during construction. Excavations, trenches, pipes and other areas where kit fox could become entrapped shall be inspected twice daily by project foremen or the designated responsible person to ensure that no entrapment occurs. If wildlife are found entrapped, a qualified biologist will be called to help free them if they are unable to leave on their own. h. Notification of the environmental regulatory compliance requirements shall be provided to anyone purchasing or conducting activities on these parcels under contract, lease or other transfer or assignment. This requirement will ensure that under any type of management or operational changes, the environmental protection, compensation and mitigation measures will continue to be implemented. L All construction vehicles will carry, water, shovels, and/or fire extinguishers to enhance the prevention and control of man-caused fires. Use of protection mats, shields, and windbreaks will be required as appropriate for welding and grinding. Further, Occupation Safety and Health Administration (OSHA) and fire prevention requirements should be enforced. Welding and grinding should be prohibited if winds are gusty or exceed an average of seven miles per hour. j. Areas of exposed soils will be watered at regular intervals each day in accordance with City and County regulations. Adjacent areas of natural lands should not be flooded. If water is not used, other forms of dust control accepted under those regulations will be adequate provided it is limited to disturbed areas and not applied to the remaining habitat areas. Adjacent areas of habitat are not to be flooded. Water trucks or hydro tests in it may adversely affect species of concem. k. All chemicals and petroleum products will be stored in proper containers. Vehicles and equipment will be kept in proper working order to prevent leaks of petroleum products onto the ground. If spills or leaks occur, they will be cleaned up immediately and disposed of according to applicable disposal regulations. Mitigation for potentially significant impacts. 11. The presence of any previously unidentified protected species that may be encountered during construction should be avoided and evaluated by a qualified biologist. The US Fish and Wildlife Service and California Department of Fish and Game should be notified of previously unreported protected species. Any take of protected wildlife will be reported immediately to the CDFG and USFWS. Mitigation for potentially significant impacts. Cultural Resources (Mitioation Measures) 12. 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 ~ <oAK$"'9 o u~ ...,. >-. f-' rCl CJ f; O;lIGINAL Exhibit A GPAlZC 07-1715 Mitigation/Conditions of Approval Page 5 of 8 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 impacts. 13. 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 theKem 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 impacts. 14. If paleontological resources are encountered during construction, a qualified paleontologist shall be retained. by the developer to evaluate the significance of the resources and formulate a mitigation program if necessary. The paleontologist shall coordinate with the City of Bakersfield Planning Department. Mitigation for potentially significant impacts. Traffic and Circulation (Mitiaation Measures) 15. Prior to the issuance of any building permit within the GPAlZC 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 impacts. 16. Prior to issuance of the first building permit within the GPAlZC area, the developer shall pay the proportionate share contributions for the intersection and roadway improvements and mitigation not covered by the RTIF as identified in the submitted project traffic study (Ruettgers & Schuler, October 2007): a. The intersection of Moming Drive and Panorama Drive requires the following mitigation due to the addition of project generated traffic: add 1 EBL, 1 EBT, 1 WBL, 1 WBT - 1.19% proportionate share. b. The intersection of Moming Drive and SA 178 requires the following mitigation due to the addition of project generated traffic: Install signal, south approach -100% project share. c. The intersection of Morning Drive and Kem Canyon Road requires the following mitigation due to the addition of project generated traffic: 1 SBL, 1 SBT - 3.03% project share d. The intersection of Morning Drive and Breckenridge Road requires the following mitigation due to the addition of project generated traffic: 1 EBL, 1 WBL 1 - 3.84% project share. e. The intersection of Moming Drive and Edison Highway requires the following mitigation due to the addition of project generated traffic: 1EBL, 1WBL, 1NBL, 1NBT, 1SBL, 1SBR o <oM$"~ 0' ~ >- ~..__ ft c) D Crl!Glr'JJ\L Exhibit A GPAlZC 07-1715 Mitigation/Conditions of Approval Page 6 of 8 - 3.13% project share. f. The intersection of Moming Drive and East Brundage Lane requires the following mitigation due to the addition of project generated traffic: 1EBL, 1EBT, 1WBL, 1WBT, 1 NBL, 1 NBR, 1 SBL, 1 SBR - 2.19% project share. g. The road segment of Moming Drive from Pioneer Drive to Breckenridge Road requires the following mitigation due to the addition of project generated traffic: Add 2 lanes - 3.47% project share. h. The road segment of Moming Drive from Breckenridge Road to Edison Highway requires the following mitigation due to the addition of project generated traffic: Add 2 lanes - 2.79% project share. i. The road segment of Morning Drive from Edison Highway to Brundage Lane requires the following mitigation due to the addition of project generated traffic: Add 2 lanes 1 - 1.96% project share. j. The road segment of Morning Drive from Brundage Land to SA 58 re3uires the following mitigation due to the addition of project generated traffic: Add 2 lanes - 1.62% project share. NB=Northbound, SB=Southbound, WB=Westbound, EB=Eastbound, L=Left-Tum Lane, T = Through Lane, R=Right- Tum Lane 1 = Striping improvements only Mitigation for potentially significant impacts. Public Works Conditions 17. 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 to Caltrans standards for the full frontage of 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. Note: Moming Drive veers to the east near the GPA area, which may limit or eliminate access. b. This GPAlZC area is within the Shalimar Drainage Area. Developer shall pay required fees and construct improvements as necessary. 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. 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 ;,... ~. '?JAg$" c~ 'Zr> ~'\ n r-- c) {J ORJGli~AL Exhibit A GPAlZC 07-1715 Mitigation/Conditions of Approval Page 7 of 8 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 oversizingcosts to the developer. 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. The project applicant shall provide the City of Bakersfield with a phasing plan of the' onsite and required offsite roadway improvements to be reviewed and approved by the City Engineer. 1. 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. g. Prior to issuance of a building permit, developer shall pay a major transportation facility fee in the amount of $0.35 per square foot for commercial buildings. If prior to issuance of a building permit said fee is merged into the regional TIF program then payment of the regional TIF fee will be deemed to have satisfied the intent of this condition. This fee is a component of the City Council approved action plan to pursue funds needed to complete construction of major transportation facilities to serve growth and development within Metropolitan Bakersfield. For orderly development 18. The entire area covered by this General Plan Amendment shall be included in the Consolidated Maintenance District. The applicant shall pay all fees for inclusion in the Consolidated Maintenance District with submittal of any development plan, tentative subdivision map, Site Plan Review, or application for a lot line adjustment for any portion of this GPA area. For orderly development. 19. Payment of the proportionate share of the cost of the median for the arterial frontage of the property within the GPAlZC request is required prior to recordation of any map or approval of any improvement plan for the GPAlZC area. For orderly development. 20. Access to the project area from Morning Avenue is provided by a sub-standard road. With the development of the project area, approved, improved access to the site must be provided. The required improvements shall be 32 feet of paving meeting City design standards for a collector road, with 8' graded shoulders. If it becomes necessary to obtain any off site right of way and if the developer is unable to obtain the required right of way, then he shall pay to the City the up-front costs for eminent domain proceedings and enter into an agreement and post security for the purchase and improvement of said right of way. For orderly development. <<. 'OAK$"'9 o 0" ;,.. ."" f- r" c) ~; ORIGiNAL Exhibit A GPAlZC 07-1715 Mitigation/Conditions of Approval Page 8 of 8 Plannina Condition 21. A reciprocal access easement for pedestrian and vehicular acoessbetween the C-O zone and adjacent C-21PCD zone shall be recorded with any subdivision of the property or prior to final site plan approval, whichever occurs first. For orderly development. 22. Development plans shall demonstrate attractively-landscaped vehicular and pedestrian access (minimum one vehicular access point and two pedestrian access points) with the adjacent commercial PCD zone, subject to the approval of the Planning Director. For orderly development. City Attomev Condition 23. 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 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 r~ardless 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 City at the sole (:ost 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\07-1715\Res Ord\Exhibit A-1 (1).doc _~ '0P,/<~ -~.) ~ ~-- r: 1 U r; ()nIGJi'J/\L EXHIBIT B ZONING MAP 103-24 A. f- <<. <0 f',K (:' ~ o cr -<I r; ,.- o t:J ORIGifJ,<\L -..-' - . . -.... -. .--... -- -: I i- I 'Il ! I ~w ~I i~ i' :1:' . I~ I 1"- ill I (\j~ I' II ~ I ! I ~ I ci :! ~~! . ~ II Ii 3 ~ I! i I I let ~s I 0 I 90-. I! I Ilt.hl~i!inllll II =1 Ii II I I~ I I hi. i l;t, 111:1 .1..' .Ir. I ~<(cn IIMlh:~~~:fl!IIIIII!!1 ::lil1il ~:E~ !~ . ... '/f5i~.iii:lil~.I~iIJIElll'I!!;.I!;'1 ~ ll.. !Ii: ~<!) ~ I '.l'''' D. ..KI- ..~_;t illi i!ili!ih \!u !dili hid nlli; i II 1~li I fli Z P ~Z~ II il~ ?~ " ~o . III .. 11"- !::N~ t"" ""r~ .. · . ._"UU-~ ' . Wi . . I" .. 4&." ~ U II) ........ ~luuuu...I.c...~ ..tc.~.~1 ZONE CHANGE 07-1'715 ~~ i'le u ~..tN - ... ~ z.:) :l i I . l';l II: G 1 z \ + I , I ' I I I'. I ____J is ,------ I I .' I I S I I 118 : , , 'i . 1 . 1 J e L____I I . 1 ~8 I _______________..A___ iii: ____________________________________..J '= .MIl -I--~.~... l -~----------------------------------------------------------~ , I I ' I . I 1: __~------------------------------~ I it .- -'...- ...~. I - - - - - - - - - - __ - - --.-------------------------------1 I I . I _ I I c I IjI I . I C I -----------------------J~-~---..----------------------------~ --r---------.,.--------- -;II____~_____~_.:~~_u~<!.---..---------- r I I . . I I. I " I I I I .... I . I d !! .... I I I ~. &;1 I C ~ ' . . I \ \ 1.------------------ " ., , % :l .~ 0" , '. !il idl '1"1111111 I_illl . ~L llIlUI ;k i ~ I,~ -I ,,~-'.. ,.-, ~ , ,- CJ C.i::)!G:r.JM_ EXHIBIT C ZONE CHANGE LEGAL DESCRIPTION ( 'OM:(A 0< "c0 >- -\: M ,- CJ (~F?! c;: r'J/\L Page 1 of 2 LEGAL DESCRIPTION PROPOSED ZONE CHANGE APN 434-010-41,46,48,50 & 57 PART 1& PROPOSED C-O ZQNE THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 29 SOUTH, RANGE 28 EAST, MOUNT DIABLO MERIDIAN, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, AS DESCRIBED IN LOTS "A" AND "B" OF LOT - ~INE ADJUSTMENT NO. 06-0011 PER CERTIFICATE OF COMPLIANCE "RECORDED FEBRUARY 9, 2007 AS INSTRUMENT NO. 0207032333, OF OFFICIAL RECORDS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF 'SAID SECTION 24; THENCE ALONG THE EASTERLY LINE OF SAID NORTH~AS~ QUARTER NORTH 00034'54" EAST 711.00 FEET TO THE TRUE POINT OF BEGINNXNG AT THE SOUTHEASTERLY CORNE~ OF SAID LOT "B"; THENCE 1. ALONG THE SOUTHERLY LINE OF SAID LOT "BN NORTH 89025'06" WEST 1230.14 FEET; THENCE 2. LEAVING SAID SOUTHERLY LINE NORTH 533.64 FEET; THENCE .3. EAST 132.59 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE 4. CONTINUING EAST 664.06 FEET; THENCE 5. SOUTH 204.65 FEET; THENCE 6. EAST 436.89 FEET TO THE EASTERLY LINE OF SAID NORTHEAST QUARTER OF SECTION 24; THENCE 7. ALONG SAID EASTERLY LINE SOUTH 00034'54" WEST 341.50 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 13.22 ACRES, MORE OR LESS. PART 2: PROPOSED C-2JPCD ZONE THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 29 SOUTH, RANGE 28 EAST, MOUNT DIABLO MERIDIAN, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, AS DESCRIBED IN LOT "B" OF LOT LINE ADJUSTMENT NO. 06-0011 PER CERTIFICATE OF COMPLIANCE RECORDED FEBRUARY 9, 2007 AS INSTRUMENT NO. 0207032333, OF OFFICIAL RECORDS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: >- f-_. 'Q~}( "0 t;'"> ," n ('-- c) ; r~/\L ..\Admln\word Doc.\~\SXhlblc.\8000 exblblc.\8331 Exb.doc Exhibit "A" Page 2 of 2 BEGINNING AT SAID POINT "A" DESCRIBED IN PART 1 ABOVE; THENCE 1. EAST 365.02 FEET TO THE EASTERLY LINE OF SAID LOT "Bn; THENCE 2. ALONG SAID EASTERLY LINE NORTH 00034' 54" EAST 477.43 FEET TO THE SOUTHEASTERLY CORNER OF THE LAND DESCRIBED IN BOOK 6032 PAGE 1434, OF OFFICIAL RECORDS, RECORDS OF SAID COUNTY; THENCE 3. ALONG THE SOUTHERLY BOUNDARY OF LAST SAID LAND NORTH 89025' 06 WEST 300.00 FEET TO THE SOUTHWESTERLY CORNER OF LAST SAID LAND; THENCE 4. ALONG THE PROLONGATION OF SAID SOUTHERLY BOUNDARY NORTH 89025'06 WEST 65.00 FEET; THENCE 5. SOUTH 00034'54" WEST 481.14 FEET TO THE POXNT OF BEGX~NG. CONTAINING 4.02 ACRES, MORE OR LESS. 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N It) 0:1: il.L~ . ....N~ ......01 it)GON ~ .:w" (,,)oFci (I)~~",= ~.~ N~ ~~ <w a.Z ~; ~ w Z w :a I ~ ~ ~ I~ ~i @5 .... ~ Q:: 0 a. @5 Q:: Q. i Cl .... ,., ,., GO ~ i 53- I!! iD i: X , " Z ~ z G z , ~ 10 g 1 .... -0 ;. o Z < <<.~ o ..,., t.0 .. :;.,-'\ X r' (.) ,. CI OFlIGii'-l/\! 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 13th day of MARCH, 2008 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4497 ,passed by the Bakersfield City Council at a meeting held on the 12th day of MARCH. 2008 and entitled: AN ORDINANCE APPROVING A NEGATIVE DECLARATION AND AMENDING TITLE 17 (ZONE MAP NO 103-24) OF THE MUNICIPAL CODE BY CHANGING THE ZONING FROM C-2/PCD AND R-2 TO C-O ON APPROXIMATELY 13 ACRES AND R-2 TO C-2/PCD ON 4 ACRES GENERALLY LOCATED SOUTHWEST OF HIGHWAY 178 AND MORNING DRIVE. (ZC 07-1715) PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield By:"H~u:/~L0/\QA/\L~ DEPUTY City Clerk S:\DOCUMENT\FORMS\AOP ,ORD,wpd 3/10/2008 ~AKt'9 ~ v~ >- n f- r c,) D OFiIGit'>J/\l ORDINANCE NO. 4497----- -~..~-.".._-- I POSTEDON-- I' 3ij3)O~ by City Clerk's Office I City of I Bakersfield I ~ J lb i__Y~ AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONING MAP 103-24) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE TO CHANGE THE ZONING FROM C-21PCD (GENERAL COMMERCIAUPLANNED COMMERCIAL DEVELOPMENT) AND R-2 (LIMITED MULTI-FAMILY DWELLING RESIDENTIAL) TO C-O (COMMERCIAL OFFICE) ON APPROXIMATELY 13 ACRES, AND R-2 TO C-21PCD ON 4 ACRES, GENERALLY LOCATED SOUTHWEST OF HIGHWAY 178 AND MORNING DRIVE (ZC 07-1715). 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 southwest of Highway 178 and Morning Drive; and WHEREAS, by Resolution No. 208-07 on December 20, 2007, the Planning Commission recommended approval of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 07-1715 as delineated on attached Zoning Map 103-24 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 Novemeber 28, 2007, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows for commercial development; and WHEREAS, the City Council conducted a public hearing on February 13, 2008 to consider the Planning Commission Resolution 208-07; 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 <oM$"~ d- <.f\ ,,-, .).... rl t::: r- o v OF11GINl\L