HomeMy WebLinkAboutORD NO 4494
ORDINANCE NO. --.AA....9 4
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND
AMENDING SECTION 17.06.020 (ZONE MAP NO. 102-06) OF
TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY
CHANGING THE ZONING FROM AN A (AGRICULTURE) ZONE TO
A C-2/PCD (REGIONAL COMMERCIAL /PLANNED COMMERCIAL
DEVELOPMENT) ZONE ON 15.1 ACRES; TO AN R-2 (LIMITED
MULTIPLE DWELLING FAMILY) ZONE ON 7.7 ACRES; TO AN E
(ESTATE) ZONE ON 7.8 ACRES; AND TO AN E (ESTATE) ZONE
ON 40.3 ACRES (07-1893) GENERALLY LOCATED SOUTH SIDE
OF SEVENTH STANDARD ROAD, ON THE EAST AND WEST
SIDES OF VERDUGO LANE (FILE # 07-1893)
WHEREAS, in accordance with the procedure 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 on the south side of Seventh Standard Road, on the east and west
sides of Verdugo Lane as shown on Exhibit "2";
WHEREAS, by Resolution No.06-08 on January 3, 2008, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve Zone Change No. 07-1893 as delineated on attached Zoning Map
No. 102-06 marked Exhibit "3", by this Council and this Council has fully considered the
recommendations made by the Planning Commission as set forth in that Resolution; and
WHEREAS, the Planning Commission, as a result of said hearing, did make
several general and specific findings of fact which warranted a negative declaration of
environmental impact and changes in zoning of the subject property from an A (Agriculture)
zone to an R-2 (Limited Multiple Dwelling Family) Zone on 7.7 acres; to an E (Estate) zone on
7.8 acres; and to an E (Estate) zone on 40.3 acres to allow for future commercial and residential
development and the Council has considered said findings and all appear to be true and correct;
and
WHEREAS, the law and regulations relating to the preparation and adoption of
Negative Declarations, as set forth in CEQA and City of Bakersfield's CEQA Implementation
Procedures, have been duly followed by city staff, Planning Commission and this Council; and
WHEREAS, a Negative Declaration was advertised and posted on December 14,
2007, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows commercial and
residential development; and
findings:
WHEREAS, the City Council has considered and hereby makes the following
1. All required public notices have been given
2. The provisions of the California Environmental Quality Act (CEQA) have been
followed.
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3. The public necessity, general welfare and good zoning practice justify the
requested change of zone from the existing zoning district to C-2/PCD; R-2 and
E zones, as described above.
4. The overall design of the project, as conditioned, is consistent with the goals and
policies of all elements of the general plan.
5. The conditions of approval, attached hereto as Exhibit "1" are needed to provide
for orderly development, and the public health, welfare and safety; and
SECTION 1.
as follows:
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield
1. All of the foregoing recitals are hereby found to be true and correct.
2. The Negative Declaration is hereby approved and 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. No. 102-06
marked Exhibit "3" attached hereto and made a part hereof, and are more specifically described
in attached Exhibit "4 ".
4. Such zone change is hereby made subject to the conditions of approval
listed in attached Exhibit "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.
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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
~AR 1 2 70nR by the following vote:
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ABSTAIN:
ABSENT:
,/ /././ /' / ...-/
CARSON, BENHAM, WEfR, COlltH, HANSON, SULLIVAN, SCRIVNER
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COUNCILMEMBER:
COUNCILMEMBER:
COUNCILMEMBER:
COUNCILMEMBER:
APPROVED as to form
VIRGINIA GENNARO
City Attorney
BY:~~ A1v1r
Exhibits:
1. Conditions.
2. Location Map
3. Zone Map
4. Legal Description
Jeng \ S:\ZoneChange\yr 2007\07-1893\CC\OlC-CC.DOC
February 15, 2008
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EXHIBIT "1"
CONDITIONS OF APPROVAL
ZONE CHANGE 07-1893
PUBLIC WORKS
1. Developer shall be required to improve 7th Standard Road in accordance with adopted Resolution
No. 112-07.
Orderly development.
CITY ATTORNEY
2. 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 proceeding, 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.
PLANNING
3. Prior to development, or issuance of any building permit or other development permit from the City
of Bakersfield, whichever occurs first, applicant shall be required to subdivide the property in
accordance with the City's Subdivision Ordinance, dividing the parcel into corresponding zone
designations.
For orderly development.
4. Upon development of the C-2/PCD or the R-2 portion, whichever occurs first, developer shall
provide a local (east-west) street between the C-2/PC and R-2 portions from Verdugo.
Design/alignment of the street shall be as approved by the City Engineer and Planning Director.
For orderly development. The intent of the condition is to provide local street access from the
adjacent residential development to the commercial center to limit use (i.e. congestion) of collector
or arterial streets.
By jeng/ S:\ZoneChangelyr 2007\07-1893ICClExh1 con.doc
February 15. 2008
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ZONING MAP 102.06
EXHIBIT "4"
Zone Change Legal Description
ALL THOSE PORTIONS OF PARCEL 2 OF PARCEL MAP WANER NO 10-95 PER
CERTIFICATE OF COMPLIANCE RECORDED NOV. 21, 1996 AS DOCUMENT NO
0196151074 OF OFFICIAL RECORDS, AND BEING A PORTION THE NORTH
HALF OF SECTION 6, T. 29 S., R. 27 E. M.D B&M IN THE COUNTY OF KERN,
STATE OF CALIFORNIA.
PARCEL 1 .... PROPOSED C-2 PCD
THE NORTHERLY 650 FEET OF THE NORTHEAST ~ OF THE NORTHWEST ~
OF SECTION 6, LYING EASTERLY OF THE EASTERLY RIGHT OF WAY LINE
OF THE FRIANT KERN CANAL AS IT NOW EXISTS.
CONTAINING 15.1 ACRES MORE OR LESS
PARCEL 2 .... PROPOSED R-2
THE SOUTHERLY 328 FEET OF THE NORTHERLY 978 FEET OF THE
NORTHWEST ~ OF SECTION 6, LYING EASTERLY OF THE EASTERLY RIGHT
OF WAY LINE OF THE FRIANT KERN CANAL AS IT NOW EXISTS.
CONTAINING 7.7 ACRES MORE OR LESS
PARCEL 3 PROPOSED E
THE NORTHEAST % OF THE NORTHWEST ~, EXCEPT THE NORTHERLY 978
FEET OF SECTION 6 LYING EASTERLY OF THE EASTERLY RIGHT OF WAY
LINE OF THE FRIANT KERN CANAL AS IT NOW EXISTS.
CONTAINING 7.8 ACRES MORE OR LESS
PARCEL 4 .... PROPOSED E'
THE NORTHWEST ~ OF THE NORTHEAST ~ OF THE SECTION 6.
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CONTAINING 40.3 ACRES MORE OR LESS
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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. 4494 ,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 102-06) OF THE MUNICIPAL
CODE BY CHANGING THE ZONING FROM A TO C-2/PCD ON 15.1
ACRES; TO R-2 ON 7.7 ACRES; TO E ON 7.8 ACRES; AND TO E ON
40.3 ACRES LOCATED ON THE SOUTH SIDE OF SEVENTH
STANDARD ROAD, ON THE EAST AND WEST SIDE OF VERDUGO
LANE. (ZC 07-1893)
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
BY:~OJ)~~
DEPUTY City Clerk
S:\DOCUMENT\FORMSIAOP .ORD.wpd
3/10/2008
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ORIQINAL
ORDINANCE NO. --.AA....9 4
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND
AMENDING SECTION 17.06.020 (ZONE MAP NO. 102-06) OF
TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY
CHANGING THE ZONING FROM AN A (AGRICULTURE) ZONE TO
A C-21PCD (REGIONAL COMMERCIAL /PLANNED COMMERCIAL
DEVELOPMENT) ZONE ON 15.1 ACRES; TO AN R-2 (LIMITED
MULTIPLE DWELLING FAMILY) ZONE ON 7.7 ACRES; TO AN E
(ESTATE) ZONE ON 7.8 ACRES; AND TO AN E (ESTATE) ZONE
ON 40.3 ACRES (07-1893) GENERALLY LOCATED SOUTH SIDE
OF SEVENTH STANDARD ROAD, ON THE EAST AND WEST
SIDES OF VERDUGO LANE (FILE # 07-1893)
r---POSTEOON"--
~
by City Clerk's Office
City of
Bakersfield
by
WHEREAS, in accordance with the procedure 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 on the south side of Seventh Standard Road, on the east and west
sides of Verdugo Lane as shown on Exhibit "2";
WHEREAS, by Resolution No.06-08 on January 3, 2008, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve Zone Change No. 07-1893 as delineated on attached Zoning Map
No. 102-06 marked Exhibit "3", by this Council and this Council has fully considered the
recommendations made by the Planning Commission as set forth in that Resolution; and
WHEREAS, the Planning Commission, as a result of said hearing, did make
several general and specific findings of fact which warranted a negative declaration of
environmental impact and changes in zoning of the subject property from an A (Agriculture)
zone to an R-2 (Limited Multiple Dwelling Family) Zone on 7.7 acres; to an E (Estate) zone on
7.8 acres; and to an E (Estate) zone on 40.3 acres to allow for future commercial and residential
development and the Council has considered said findings and all appear to be true and correct;
and
WHEREAS, the law and regulations relating to the preparation and adoption of
Negative Declarations, as set forth in CEQA and City of Bakersfield's CEQA Implementation
Procedures, have been duly followed by city staff, Planning Commission and this Council; and
WHEREAS, a Negative Declaration was advertised and posted on December 14,
2007, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows commercial and
residential development; 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 (CEQA) have been
followed.
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ORIGINAL