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HomeMy WebLinkAboutORD NO 4507ORDINANCE NO. 4 5 ~ 7 AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO. 103-22) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM R-1 (ONE-FAMILY DWELLING) ZONE TO R-3/P.U.D (MULTI-FAMILY DWELLING /PLANNED UNIT DEVELOPMENT) ZONE ON 9.76 ACRES GENERALLY LOCATED SOUTH OF BERNARD STREET BETWEEN NEW MARKET WAY AND OSWELL STREET (FILE # 07-1977) 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 south of Bernard Street between New Market Way and Oswell Street as shown in attached Exhibit "2"; and WHEREAS, by Resolution No. 52-08 on April 3, 2008 the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change 07-1977 as delineated on attached Zoning Map No. 103-22 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 R-1 (One-Family Dwelling) zone to an R-3/P.U. D. (Multiple-Family Dwelling/ Planned Unit Development) zone 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 March 13, 2008, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows HR (High Density 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. 3. The public necessity, general welfare and good zoning practice justify the requested change of zone from the existing zoning district to R-3/P.U.D. zone. 4. Pursuant to BMC Section 17.52.070 for PUD find that: o` ~ F ~F9.T, -1 - F ~-: ~j p O(=s1G11JAL A. The proposed planned residential development zone and preliminary development plan is consistent with the General Plan and objectives of this ordinance. B. The proposed development will constitute a residential environment of sustained desirability and stability, and it will compliment and harmonize with the character of the surrounding neighborhood and community. C. The proposed development justifies exceptions from the normal application of this code in that it integrates such elements as the location of structures, circulation pattern, parking, landscaping and utilities, together with a program for provision, operation and maintenance of all areas, improvements, facilities and services provided on the property. 5. The overall design of the project, as conditioned, is consistent with the goals and policies of all elements of the general plan. 6. The conditions of approval, attached hereto as Exhibit "1" are needed to provide for orderly development, and the public health, welfare and safety. SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: 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. 103-22 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. ------- -000--------- -2 - << ~ A ~F9 O ~~, F' f:l r- c~ O ~~ +'Gii~f,'~L 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 MAY ~ ~ 2~~A by the following vote: YES' COUNCILMEMBER: CAR50N, BEAINAh9, WEIR, COUCH HANSON, SULLI AN, SCRIVNER S: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: I'm~ ABSENT: COUNCILMEMBER: 8U~-1-~a,w1 PAMELA A. McCARTHY C CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorne By: ~ Exhibits: 1. Conditions. 2. Location Map. 3 Zone Map 4. Legal Description Elisheva \ S:\ZoneChange\yr 2008\07-1977\CC docs\OZC-CC.DOC 5/2/2008 -3 - 4 g A Kr~n O' c~ r- ~~' r- ~l r~ f 7 ~_.~,~AL APPROVED MAY 2 i 2008 EXHIBIT "1" ZONE CHANGE 07-1977 CONDITIONS OF APPROVAL CITY ATTORNEY 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 2. The zone change shall be R-3/P.U.D. (Multi-Family Dwelling/Planned Unit Development) zone. Orderly development. 3. Prior to approval of a site plan review, issuance of a building permit or any other development permit, the developer shall submit and obtain approval and recordation of the appropriate subdivision procedure to create a separate lot(s) for the subject property to eliminate the split zoning of the current property created upon approval of this zone change. Orderly development. MITIGATION MEASURES Air Quality 4. If the developer proposes 220 units or more when the project is reviewed in the P.U. D. approval process or during site plan review, an air quality analysis shall be required. By elishevaS:IZoneChangelyr2008107-1977107-1977ZCExh1.DOC1 4~~,A1(F~n 3/21/2008 rJ ~~ c~~ :. ~ C.~;'ta.'v:^1L Exhibit "1" ZC Page2of2 Cultural Resources 5. If during construction activities or ground disturbance, cultural resources are uncovered, the subdivider shall stop work and retain a qualified archeologist for further study. Subdivider shall notify the proper authorities and be subject to any mitigation measures required of the archeologist. Mitigation measure as recommended the Southern San Joaquin Valley Information Center at CSUB states in their January 25, 20081etter i <;; r-. s<<~ By elisheva S:1ZoneChangelyr 2008107-1977107-1977 ZCExh1.DOC1 ~~ ~ 3/21/2008 }> r- c:~ r~ fL ~T V , r~ N O W C~ Z Q 2 U w a Z O N U a EXHIBIT " 2" 133b1S ll3MS0 o LL 0 V ~ Y N ~ ~ Z ~'$Q o NI N M (n o CV N ~ O 133a1S ll3MS0 0 U ~'~ ti ~ ~ -1 I r r- ~- C, ,~, i_ °_'.I EXHIBIT " 3" 6 r _ W_ € ~~ - . V ~ Y ° g ~ ~ 1 ~ ~ 1 ~ _ ~ ~ .wp ~ 2 O a~ ~ V Qi w < ~ r v . !~ ~~ J J -~ ~ yi N a !r ~'ii w ~ r /F~~ ~ ~ ~ ~p FY F te: $.°. W~~ ! O O w ? w O lj~ .$ ~ V r ~' C J S O ~ 2~ Y O y N ~ G ~ p 1 V S C == j r~F~ ;t~°. r. z <- vn°r 3V b~gV N"'~:~ ~M~; VJJ VOYZOJ, F F ~ Gi z C~ t r lC~ T ~J W Y Q. w Q t w C ~ a~^+ V ~ = aJ JJ0<` ij O wO D<t V i ~Q .G `t'~_ Jlyj ~eOiVr OYyy~ V Y ~ <~-~0~ J V l1<t tJJ j~ i W 2 2 == a ON p` J` V i! O C V O I i n<~~~ V ~ r~} p G; y j a "~ ' '~~ G ~ CD. ~rb7 w 3?~=~ d =mss ~i ~~'v~*}'~zir$ei°O-Sn°°.i1 $o~~7_~ . ~ ~ ~~ 1 LLZ u~i;e i a a:: oa3 3 .A'Siiiiu S s ~'afi ~'~~~ ~_a=i'~c~- '~ar u ~ O r~ ~N ~ I < h' W A N N ~ I i ' ~~ J ^' ~ a s s !~ ~~+i~ ww~N n < ji?-r~~-a _~ p<de ,~ • ,• sac eccc a e aevuvvsl=STis<av Oa<ww3~i .-. ZONE CHANGE 07-1977 . - R.~ .a..~ . ~~ .. ;. -} ~ S i ~e ~i ~. ~ _ ~~ r a } rs-For .ar ws ~~~x ~~~ . ~E~ ._ ~+ j~~g~. w wwE ~= o ~R~~ " ~ ~ v ~g ~~ p _. gw~~ n~ ~s ,~~ ~~:~~~~ n.. sa ~s8~8~~ s«s w '~~ RRA~R~¢~¢ ~~5€~~b ~~ &a S'sgqaT33 ~y~~~ NNQ XyiyA 6~yy y~y 3fM'1 ~~~~~~ a ~ ~~~~~~~.. $? -` Eb SB ~~b ~.sostsa3 r, ~ ZONING MAP 103-22 ,~" ,:' ¢~ ~ a s a3_' e~~ ~ 80. t . ~i r `s4:E ``' F,<, ~Un -., f-. ~ ~_> ,. _ EXHIBIT "4" ZONE CHANGE N0.07-1977 BEING A DIVISION OF PARCEL 1 OF PARCEL MAP WAIVER N0. 34-91, IN THE CIlY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, AS PER CERTIFICATE OF COMPLIANCE RECORDED MARCH 30, 1992 IN BOOK 6651, PAGE 2475 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, ALSO BEING A PORTION OF THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 29 SOUTH, RANGE 28 EAST, MOUNT DIABLO MERIDIAN, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 22; THENCE (1) SOUTH 89°20'34" WEST, ALONG THE SOUTH LINE OF THE NORTH HALF OF SAID SECTION 22, 580.41 FEET; THENCE (2) NORTH 00°25'32" WEST, 100.00 FEET; THENCE (3) SOUTH 89°19'22" WEST, 109.00 FEET; THENCE (4) NORTH 31°49'42" WEST 38.17 FEET; THENCE (5) NORTH 00°36'56" WEST 483.44 FEET TO A POINT ON ANON-TANGENT CURVE CONCAVE TQ THE SOUTH WITH A RADIUS OF 1254.82 FEET, THE CENTER OF WHICH BEARS SOUTH 03°41'57" EAST, SAID CURVE ALSO BEING THE SOUTHERLY RIGHT-OF-WAY LINE OF BERNARD STREET; THENCE (6) EASTERLY ALONG SAID CURVE AND SAID RIGHT-OF-WAY LINE, THROUGH A CENTRAL ANGLE OF 03°01'09", AN ARC DISTANCE OF 66.18 FEET; THENCE (7) CONTINUING ALONG SAID RIGHT-OF-WAY LINE, NORTH 89°1922" EAST, A DISTANCE OF 544.75 FEET; THENCE (8) SOUTH 00°25'32" EAST, 618.06 FEET TO THE TRUE POINT OF BEGINNING; EXCEPTING THEREFROM THAT COUNTY OF KERN PUBLIC ROAD MORE COMMONLY KNOWN AS PICO AVENUE. CONTAINING 9.76 GROSS ACRES MORE OR LESS ,,,`; ~ I -- f" ~_ C; ~~"?I/~.