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Home My WebLink AboutORD NO 4609 4609.-" ORDINANCE NO. 460 AN ORDINANCE ADOPTING ZONE CHANGE NO. 09-0604 BY AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE TO MODIFY CONDITION NO. 5 AND CONDITION NO. 17 FOR GPA/ZC NO. 05-0844, GENERALLY LOCATED AT THE SOUTHEAST CORNER OF SEVENTH STANDARD ROAD AND THE FUTURE ALIGNMENT OF ALLEN ROAD. (ZC 09-0604). 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 request to modify Condition No. 5 and Condition No. 17 for GPA/ZC No. 05-0844 in the City of Bakersfield generally located at the southeast corner of Seventh Standard Road and planned Allen Road; and WHEREAS, by Resolution No. 49-09 on September 17, 2009, the Planning Commission recommend approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 09-0604 by modifying Condition No. 5 and Condition No. 17 for GPA/ZC 05-0844 as shown on page marked Exhibit "A-1", 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, the Planning Commission, as a result of said hearing, did make several general and specific findings of fact which warranted a Notice of Exemption and modifications to Condition No. 5 and Condition No. 17 of GPA/ZC 05-0844 and the Council has considered said finidngs as restated herein and all appear to be true and correct; and WHEREAS, the general plan designation for this area allows for Suburban Residential; and WHEREAS, the City Council has considered and concurs with the following findings made by the Planning Commission as set forth in Resolution No. 49-09, adopted on September 17, 2009: 1. All required public notices have been given. 2. The provisions of the California Environmental Quality Act have been followed. 3. Significant environmental impacts were not identified with the project proposal; therefore, a Notice of Exemption was prepared by staff for the project site. 4. The proposed project is consistent with surrounding uses. 5. The proposed project, as shown on Exhibit "A-1," is consistent with the Metropolitan Bakersfield General Plan. 6. The public necessity, general welfare and good planning practices justify the requested modification, as shown on Exhibit "A-1." C~' a14~lAL 7. The laws and regulations relating to the preparation and adoption of the Notice of Exemption 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. A Notice of Exemption was prepared for the project in accordance with CEQA. 3. Title 17 of the Municipal Code of the City of Bakersfield be and the same is hereby amended by modifying conditions 5 and 17 for GPA/ZC 05- 0844 of that certain property in said City, the boundaries of which property is shown on Zoning Map marked Exhibit "A-2" attached hereto and made a part hereof. 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 Piadfi 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 nFe 1 6 20M by the following vote: YES: COUNCILMEMBER CARSON, BENHAM, WEIR, COUCH, SULLIVAN, SCRIVNER COUNCILMEMBER AB AI COUNCILMEMBER BSEN COUNCILMEMBER a Q• I'Y1L PAMELA A. McCARTHY, CM CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED DEC 16 2008 A AL HARVEY . HALL Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney By. Exhibit A-1 - Modification to Condition No. 5 and Condition No. 17 for GPA/ZC No. 05-0844 A-2 -Zoning Map BM - S:\GPA 3rd 2009\09-0604\Res\CC ZC Ordinance.doc 3, Exhibit A-1 Modify Condition No. 5 and Condition No. 17 For GPA/ZC 05-0844 ~~,~h1c *J ~1 Exhibit A-1 General Plan Amendment/Zone Change No. 09-0604 to Modify Condition No. 5 and Condition No. 17 for GPA/ZC 05-0844 Modified Condition No. 5 Prior to recordation of a final subdivision map on the project site the applicant shall submit a valid Phase I Environmental Site Assessment (ESA) to identify any environmental concerns in connection with hazardous materials on the project site (GPA/ZC 05-0844), to the satisfaction of the Bakersfield Fire Department (Prevention Services Division). If the Phase I ESA reveals the likelihood of site contamination the local Unified Program agency (Prevention Services Division, Bakersfield Fire Department) will require the applicant to submit a Phase II ESA. A Phase II ESA is a more detailed investigation that samples soil, groundwater and/or building materials for chemical analysis of hazardous substances and/or petroleum hydrocarbons. In the event hazardous substances and/or petroleum hydrocarbons are present on the site, a Remediation Plan shall be submitted prior to recordation of a final subdivision map to the satisfaction of the local Unified Program agency (Prevention Services Division, Bakersfield Fire Department). This will ensure the conversion to residential uses on the subject property does not constitute a risk to the public. Mitigation for public health. Modified Condition No. 17 17. The applicant shall: a. Notify the mineral owner of any and all development plans including sewer plans, grading plans, etc., approved for the project area and evidence shall be submitted to the City Planning Department. Proof of notification shall be provided to the Planning Department via return receipt from US Postal Service; b. Notify the mineral owner of any and all tract/parcel maps submitted to the City Planning Department. The tract/parcel maps shall show the existing locations of petroleum pipelines, wells and all attendant facilities within the project area, pursuant to 15.66.080 of the Bakersfield Municipal Code. Specifically for tentative maps, the information shown shall be pursuant to Bakersfield Municipal Code 16.16.030 S; and c. Provide a written or graphical plan to the City during the early stages of the development process that demonstrates how all existing petroleum related facilities will be protected and integrated into the proposed development including location of new pipeline corridors pursuant to Bakersfield Municipal Code 15.66.080. VO115 ^rP~aI~1A!- Exhibit A-2 Zone Change No. 09-0604 Location Map (Change in Conditions) x ,e 0 S g Cn w rn r- z~~$ 0 cn-m cq N N • 'i U i U' U j N U p Q U w Q Q. it N w N CO 133b1 O WZ AlNnoo O Q Z Q Z_ a i w V W W C AINnoo Z Z " Q W O= z J 9 N " U UL WO rt ao W rt Q h ~ w ~ rt A Nnoo N O b a ~a ' U i i i i O .n, 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 17th day of December, 2009 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4609, passed by the Bakersfield City Council at a meeting held on the 16th day of December. 2009 and entitled: AN ORDINANCE ADOPTING ZONE CHANGE NO. 09-0604 BY AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICPAL CODE TO MODIFY CONDITION NO. 5 AND CONDITION NO. 17 FOR GPA/ZC NO. 05-0844 GENERALLY LOCATED AT THE SOUTHEAST CORNER OF SEVENTH STANDARD ROAD AND THE FUTURE ALIGNMENT OF ALLEN ROAD (ZC 09-0604) PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield By: DEPUTY City Clerk SADOCUMENT\FORMSVWOP.ORD.wpd " isr. t p1~„ La` V