HomeMy WebLinkAboutORD NO 4498
ORDINANCE NO.
4498--
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION
AND AMENDING SECTION 17.06.020 (ZONING MAP 101-01)
OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL
CODE TO CHANGE THE ZONING FROM A (AGRICULTURAL
ZONE) TO R-2 (LIMITED MULTIPLE FAMILY DWELLING) ON
40.39 ACRES AND A (AGRICULTURAL ZONE) TO 01
(DRILLING ISLAND ZONE) ON 3.86 ACRES, GENERALLY
LOCATED SOUTH OF SEVENTH STANDARD ROAD AND
WEST OF THE CALLOWAY CANAL (ZC 06-1698).
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 Seventh Standard Road and west of the Calloway Canal; and
WHEREAS, by Resolution No. 182-07 on October 18, 2007, the Planning Commission
recommended approval of an ordinance amending Title 17 of the Municipal Code to approve
Zone Change No. 06-1698 as delineated on attached Zoning Map 101-01 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
October 30,2007, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows for commercial
development; and
WHEREAS, the City Council conducted a hearing on January 30, 2008 to consider the
Planning Commission Resolution 182-07; 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.
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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 101-01 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.
06-1698.
SECTION 2.
This ordinance shall be posted in accordance with the Bakersfield Municipal
Code and shall become effective not less than thirty (30) days from and after the date of its
passage.
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ORIGIN^L
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 t-IAR 1 2 2008
by the following vote:
~ COUNCILMEMBER: CA sC>>;, BENH~, wE1R',/coL1cH', HAN~; SUL~,SCR~~R
~ COUNCILMEMBER:
ABSTAIN: COUNCILMEMBER:
ABSENT: COUNCILMEMBER:
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PAMELAA. McCART CMC
CITY CLERK and Ex fficio Clerk of the
Council of the City of Bakersfield
HA EY L. HALL
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
BY:~~
Exhibit A - Mitigation/Conditions of Approval
B - Zoning Map 101-01
C - Zone Change Legal Description
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ORiGINAL
EXHIBIT A
MITIGATION/CONDITIONS OF APPROVAL
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ORIGINAL
Mitigation/Conditions of Approval
Zone ChangelAnnexation No. 06-1698
Cultural Resources (Mitiaation Measures)
1. 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.
2. 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.
Traffic Conditions (Mitiaation Measure)
3. Prior to issuance of a building permit within the ZC area, the developer shall pay the applicable
Regional Transportation Impact Fee (RTIF) to the satisfaction of the Bakersfield Public Works
Department. Mitigation for potentially significant traffic impacts.
Hazards and Hazardous Materials (Mitiaation Measures)
4. P.G. & E shall be required to comply with all applicable federal, state, and local regulations, as
appropriate, for the waste and materials, including the submittal of all required plans and forms.
Mitigation for potentially significant hazards and hazardous materials impacts.
5. Prior to prior commencing construction activity on the P.G. & E. substation, an EMF Field
Management Plan shall be prepared and submitted to the Public Utilities Commission for approval.
A copy of the EMF Field Management Plan shall also be submitted to the City Planning Department.
Mitigation for potentially significant hazards and hazardous materials impacts.
City Attorney 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
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ORIGiNAL
Exhibit A-1
ZC 06-1698
Mitigation/Conditions of Approval
Page 2 of 4
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 Seventh Standard Road to expressway standards (see
Condition #11) and Shane Street to collector 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) This ZC 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 ZC area must be included within the
drainage area of adjoining property. Submit a comprehensive drainage study of the entire
drainage area, to be reviewed and approved by the City Engineer. The study shall show the
development's proportionate share of the necessary ultimate storm drainage facilities. The
developer shall participate in the development of a Planned Drainage Area, or shall provide
some other method for the construction of the ultimate facilities satisfactory to the City
Engineer. Any required retention site and necessary easements shall be dedicated to the
City.
c) The ZC area is within the service area of the North of River Sanitary District NO.1. Sewer
service in this area must conform to the NORSD's adopted Sewer Study, and construction of
sewer lines shall be per NORSD's requirements. All trench backfill and paving within the
public right-of-way shall require an Open Street Permit and be as per the City of
Bakersfield's adopted standards.
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
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ORIGINAL
Exhibit A-1
ZC 06-1698
Mitigation/Conditions of Approval
Page 3 of 4
(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. For orderly development.
e) The developer is responsible for the construction of all infrastructure, both public and private,
within the boundary of the ZC 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.
8. The entire area covered by this Zone Change shall be included in the Consolidated Maintenance
District. The applicant shall pay all fees for inclusion in the Consolidate 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. It is required that the developer join the North of
the River Park Maintenance District. For orderly development.
9. Payment of the proportionate share of the cost of the median for the arterial frontage 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, whichever occurs first. For orderly development.
10. Access to the project area from Snow Road 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.
11. The Seventh Standard Road, Jewetta Avenue and Snow Road crossings of the Friant Kern and
Calloway Canals and Etchart Road across the Calloway Canal need widening. Developer shall pay
their proportionate share of the cost and shall aid in the formation of a Major Bridge and
Thoroughfare District for the widening of the crossings. For orderly development.
12. Seventh Standard Road shall be constructed as a 126-foot wide, 6-lane Expressway with a 30-foot
landscaped parkway behind the standard sidewalk. Expanded full access signalized intersections
will be permitted at minimum half-mile spacing. No other intermediate street access will be
permitted. The applicant shall provide a waiver of direct access along the frontage of Seventh
Standard Road within the ZC area. For orderly development.
North of the River Recreation and Park District Conditions:
13. Prior to recordation of a final map, the subdivider shall pay an in-lieu fee based on a park land
dedication requirement 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 or decreases upon
recordation of a final map(s), the park land requirement will change accordingly. Refer to BMC
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Exhibit A-1
ZC 06-1698
Mitigation/Conditions of Approval
Page 4 of 4
Chapter 15.80 and the Planning Information Sheet regarding calculation and payment of in-lieu fee.
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 park land, pay an in-
lieu fee, reserve park land or a combination of these in order to satisfy the City's park land ordinance
for North of the River Recreation and Park District. Staff is recommending this condition in
accordance with BMC Chapter 15.80.
14. 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.
15. Prior to recordation of a final map, the subdivider shall pay the in-lieu park land fees in accordance
with Bakersfield Municipal Code Chapter 15.80. Subdivider is responsible for meeting the
requirements of BMC Chapter 15.80. In summary, the subdivider is to provide the following:
a) Approximately 6 weeks before the expected date of recordation of a final map, submit to
North of the River Recreation and Park District a "Complete Summary" appraisal prepared
by a qualified appraiser.
b) The appraisal shall be in the form of a "Complete Summary" appraisal in accordance with
City Council policy Resolution 59-95 and dated within 3 months of the expected date of
recordation of the final map. An appraisal dated more than 3 months may be acceptable
under certain specific circumstances.
c) The appraisal shall determine the fair market value of the land to be subdivided at its
unimproved state. The subdivider is responsible for all costs incurred in preparation, revision
or update of the appraisal. (See BMC Section 15.180.100).
d) Prior to recordation of a final map, the subdivider shall contact the North of the River
Recreation and Park District. It is recommended the subdivider contact the District at least 2
or 3 months prior to the expected date of recordation. For orderly development.
Department of Conservation Condition
16. 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.
1 f. Any documented wells on the subject property located outside the DI (Drilling Island) zone shall be
leak tested 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 welfare.
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ORIGINAL
EXHIBIT B
ZONE MAP 101-01
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EXHIBIT C
ZONE CHANGE LEGAL DESCRIPTION
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(4) THENCE SOUTH 09051 '00'; WEST ALONG SAID CENTERLINE OF
CANAL, 79.57 FEET TO AN ANGLE POINT;
(5) THENCE SOUTH 02019'59" WEST ALONG SAID CENTERLINE OF
CANAL, 154.56 FEET AN ANGLE POINT;
(6) THENCE NORTH 89057'42" WEST, 679.00 FEET;
(7) THENCE SOUTH 00002'18" WEST, 249.91 FEET TO. THE SOUTH
BOUNDARY LINE OF SAID PARCEL 5 .
(8) THENCE NORTH 89055'13" WEST ALONG SAID SOUTH BOUNDARy
LINE OF PARCEL 5,A DISTANCE OF 1195.90 FEET TO THE WEST
BOUNDARY LINE OF SAID PARCEL 5;
(9) THENCE NORTH 00001 '00" EAST ALONG THE WEST BOUNDARY LINE
OF SAID PARCEL 5, A DISTANCE OF 1000.00 FEET TOA POINT OF
INTERSEcnON WITH THE CENTERLINE OF SEVENTH STANDARD .
ROAD
(10) THENCE SOUTH 89050'30" EAST ALONG SAID CENTERLINE OF
SEVENI'H STANDARD ROAD AND THE NORTH BOUNDARY LINE OF
SAID PARCEL 5, A DISTANCE OF 1988.80 FEET TO THE TRUE POINT OF
BEGINNING.
EXCEPTING THEREFROM THE WESTERLY 1,320.00 FEET OF THE
NORTHERLY 690.00 FEET IN THE NORTHEAST QUARTER OF SAID SECTION 1.
Contains: 19% GROSS ACRES
PARCEL-C
From Ag to DI
BEING A PORTION OF PARCEL 5 OF PARCEL MAP WAIVER NO. 10-95, AS
EVIDENCE BY CERTIFICATE OF COMPUANCE RECORDED NOVEMBER 21,
1996 IN DOCUMENT NO. 0196151074, OF OFFICIAL RECORDS AS FILED IN THE
OFFICE OF THE KERN COUNTY RECORDER, IN SECTION 1, TOWNSHIP 29
SOUlH, RANGE 26 EAST, M.D.M., IN THE UNINCORPORATED COUNTY OF
KERN, STATE OF CALIFORNIA, THEREOF AND MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
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GENERAL PLAN AMENDMENTfLONE CHANGE
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PARCBL-A
From Ag to R-2
BEING THE WESTERLY 1,320.00 FEET OF mE NORTHERLY 690.00 FEET OF
'PARCEL 5 OF PARCEL MAP WAIVER NO.l~95, AS EVIDENCE BY
CERTIFICATE OF .COMPLIANCE RECORDED NOVEMBER 21, 1996 IN DOC. NO.
0196151074, OF OFFICIAL RECqRDS AS FILED IN THE OFFICE OF THE KERN
COUNTY RECORDER, IN TIm NORTHEAST QUARTER OF SECTION 1,
TOWNSHIP 29.S0UTH"RANGE 2~ EASr~M.D.M.,.~ THE COUNTY OF KERN,
STATE OF CALIFORNIA: ACCORDING TO THE OFFICIAL PLAT.
. Contah1s: 20* GROSS ACRES
,PARCEL -B
From Ag to R-2
BEING A PORTlON.OF PARCEL 5 OF PARCEL MAP WAIVER NO~ 10-95, AS
EVIDENCE BY CERTIFICATE OF COMPUANCE RECORDED NOVEMaER 21,
1996 IN DOCUMENT NO. 0196151074, OF OFFICIAL RECORDS AS FILED IN THE
OFFICE OF THE KERN COUNTY RECORDER, IN. SECl10N 1, TOWNSIDP 29
SOUTH, RANGE 26 EAS'{, M.D.M.', IN THE UNINCORPORATED COUNIY OF
KERN, STATE OF CALIFORNIA, THEREOF AND MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECI10N 1, nmNCE
NORTH 89050'30" WEST ALONG THE cENTERLINE OF SEVEN1H STANDAND
ROAD (COUNTY ROAD NO. 151), 659.99 FEET TO THE TRUE POINT OF
. BEGINNlNG (I' .P.0.8.);
(2)
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THENCE SOUTH 01040'30" EAST ALONG THE CENTERLINE OF THE
CALLOWAYCANALPERAMENDEDPARCELMAPNO.134O .
RECORDED JANUARY 7, 1974 IN BOOK 8 OF PARCEL MAPS AT PAGE
118, 173.97 FEET TO AN ANGLE POINT;
THENCE SOUTH 11054'30" WEST ALONG SAID CENTERLINE OF
CANAL, 80.78 FEET TO AN ANGLE POINT;
THENCE SOUTH 17"33'00" WEST ALONG SAID CENTERLINE OF
CANAL, 273.68 FEET TO AN ANGLE POINT;
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COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 1, TIIENCE
. NORTH 89050'30" WEST ALONG TIlE CENTERLINE OF SEVENTH STANDAND
ROAD (COUNTY ROAD NO. 151), 659.99 FEET TO TIlE TRUE POINT OF
BEGINNING (T.P.O.B.);
(1) THENCE SOUTH 01040'30" EAST ALONG THE CENlERLINE OF TIlE
CALLOWAY CANAL PER AMENDED PARCEL MAP NO. 1340
RECORDED JANUARY 7, 1974 IN BOOK 8 OF PARCEL MAPS AT PAGE
118, 173.97 FEET TO AN ANGLE POINT;
(2) THENCE SOUTH .11054 '30" WEST ALONG SAID CENfERLINE OF
CANAL, 80.78 FEET TO AN ANGLE POINT;
(3) THENCE SOUTH 17033'00" WEST ALONG SAID CENfERLINE OF
CANAL, 273.68 FEET TO AN ANGLE POINT;
(4) THENCE SOUTH 09051 '00" WEST ALONG SAID CENfERLINE OF
CANAL, 79.57 FEET TO AN ANGLE POINT;
(5) THENCE SOUTH 02019'59" WEST ALONG SAID CENfERLINE OF
CANAL, 154.56 FEET AN ANGLE POINT;
(11) THENCE SOUTH 02019'59" WEST ALONG SAID CENfERLINE OF
CANAL, 250.60 FEET TO AN ANGLE POINT:
(12) THENCE NORTH 89055'13" WEST ALONG THE SOUTH BOUNDARY
LINE OF PARCEL 5, A DISTANCE OF 668.97 FEET:
(13) THENCE NORTH 00002'18" EAST, 249.91 FEET;
(14) THENCE SOUTH 89057'42" EAST, 679.00 FEET TO THE TRUE POINT OF
BEGINNING.
Contains: 3::1: GROSS ACRES
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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. 4498 ,passed
by the Bakersfield City Council at a meeting held on the 12th day of MARCH. 2008
and entitled:
AN ORDINANCE APPROVING A NEGATIVE DECLARA nON AND
AMENDING TITLE 17 (ZONE MAP NO 101-01) OF THE MUNICIPAL
CODE BY CHANGING THE ZONING FROM A TO R-2 ON
APPROXIMATELY 40 ACRES AND A TO DI ON APPROXIMATELY 4
ACRES LOCATED GENERALLY SOUTH OF SEVENTH STANDARD
ROAD AND WEST OF THE CALLOWAY CANAL. (ZC 06-1698)
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By:~~J~~
DEPUTY City Clerk
S:\DOCUMENT\FORMS\AOP .ORD. wpd
3/10/2008
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ORIGINAL
. ,r---' POSTED 0-;--
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by City Clerk's Office
City of
Bakersfield
. by 31 f2>)D'O
ORDINANCE NO.
4498--
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION
AND AMENDING SECTION 17.06.020 (ZONING MAP 101-01)
OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL
CODE TO CHANGE THE ZONING FROM A (AGRICULTURAL
ZONE) TO R-2 (LIMITED MULTIPLE FAMILY DWELLING) ON
40.39 ACRES AND A (AGRICULTURAL ZONE) TO 01
(DRILLING ISLAND ZONE) ON 3.86 ACRES, GENERALLY
LOCATED SOUTH OF SEVENTH STANDARD ROAD AND
WEST OF THE CALLOWAY CANAL (ZC 06-1698).
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 Seventh Standard Road and west of the Calloway Canal; and
WHEREAS, by Resolution No. 182-07 on October 18,2007, the Planning Commission
recommended approval of an ordinance amending Title 17 of the Municipal Code to approve
Zone Change No. 06-1698 as delineated on attached Zoning Map 101-01 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
October 30, 2007, in accordance with CECA; and
WHEREAS, the general plan designation for this area allows for commercial
development; and
WHEREAS, the City Council conducted a hearing on January 30, 2008 to consider the
Planning Commission Resolution 182-07; 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 CECA.
4. The proposed project is compatible with the future development of surrounding
uses.
5. The proposed project, as shown on Exhibit liB," is consistent with the
Metropolitan Bakersfield General Plan.
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ORIGINAL