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HomeMy WebLinkAboutORD NO 4626ORDINANCE NO. 4626 AN ORDINANCE ADOPTING ZONE CHANGE NO. 10-0157 BY AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE TO MODIFY CONDITION NOS. 5a, 7, 8, AND 11 FOR ZONE CHANGE NO. 06-0463, LOCATED ALONG THE SOUTH SIDE OF BERKSHIRE ROAD, GENERALLY WEST OF ASHE ROAD. (ZC 10-0157). 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 Nos. 5a, 7, 8, and 11 for zone change 06-0463 in the City of Bakersfield located along the south side of Berkshire Road, generally west of Ashe Road; and WHEREAS, by Resolution No. 18-10 on June 17, 2010, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 10-0157 by modifying Condition Nos. 5a, 7, 8, and 11 for zone change 06-0463 as shown on page marked Exhibit "A", by this City 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 Nos. 5a, 7, 8, and 1 1 of GPA/ZC 06-0463 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 the project area allows for residential and light industrial uses; and WHEREAS, the City Council has considered and concurs with the following findings made by the Planning Commission as set forth in Resolution No. 18-10, adopted on June 17, 2010: I . All required public notices have been given. 2. The provisions of the California Environmental Quality Act (CEQA) 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. s o~OAxF~,n m r JORIGINAL 5. The proposed project, as shown on Exhibit "B", 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". 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 5a, 7, 8, and 11 for GPA/ZC 06-0463 of that certain property in said City, the boundaries of which property is shown on Zoning Map marked Exhibit "B" 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 o~®AKF,9~ b 3RIGINAL 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 SEP 0 8 2010 by the following vote: AYES: COUNCILMEMBER CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER S: COUNCILMEMBER nriY'a- ABSTAIN: COUNCILMEMBER +r\0-y\!k..- ABSENT: COUNCILMEMBER 4'1 QX\S-, ROBERTA GAFFORD, CMC/J CITY CLERK and Ex Offici Clerk of the Council of the City of Bakersfield APPROVED SEP 0 8 2010 Mayor of the City of Bakersfi APPROVED as to form VIRGINIA NARO City Atto e By ~~~C w-cc~hv l Exhibit A - Modification to Condition Nos. 5a, 7, 8, and 11 for GPA/ZC No. 06-0463 B - Zone Change Location Map DL:\S:\GPAs\GPA 2nd 2010\10-0157\Res Ord\CC ZC Ordinance.doc 3 o"I 0AKF9J' m r ORIGINAL EXHIBIT A MODIFY CONDITION NOS. 5.a, 7, 8, AND 11 FOR GPA/ZC 06-0463 O - O ORIGINAL EXHIBIT A GENERAL PLAN AMENDMENT/ZONE CHANGE NO. 10-0157 TO MODIFY CONDITION NO. 5A, 7, 8, AND 11 FOR GPA/ZC 06-0463 Modified Condition No. 5.a Provide fully executed dedication for McCutchen Road to arterial standards and Berkshire Road and Reliance Drive to collector standards for the full frontage of the area within the GPA request. Provide fully executed dedication for McCutchen Road from the east boundary of the GPA/ZC area to the intersection of Ashe Road. The offsite improvements may be phased with the phases of the map, as per the City Engineer's direction. 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 GPA/ZC area is submitted, dedication can be provided with the map. For orderly development. Modified Condition No. 7 Payment of median fees for the arterial frontage of the property within the GPA/ZC request is required prior to recordation of any map or approval of any improvement plan for the GPA/ZC area. The total cost may be apportioned between the phases and shall be paid prior to the recordation of each phase. For orderly development. Modified Condition No. 8 This site has no improved access. 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 the appropriate City design standards, with 8' graded shoulders. The offsite improvements may be phased with the phases of the map, as per the City Engineer's direction. 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. Modified Condition No. 11 Construct full improvements on the north side of McCutchen Road from the east boundary of the GPA/ZC area to the intersection of Ashe Road upon further development of the GPA/ZC parcel. The offsite improvements may be phased with the phases of the map, as per the City Engineer's direction. For orderly development. ~gAKF9 r rr r ORIGINA1. EXHIBIT B ZONE CHANGE LOCATION MAP n~~PKF9~ Fn r 7 O ')RIGINAL U) ILI Z O O O Q W Z O zU az U uJ W zz O~ N= U Y,yJ J ~Y a 0 N -J o o - 8 w ti _ o C2 F CD r i' a t V I ~ ~ i I I ALA ~ Q i 11 I I 1 o ' U a U Q M i - - - o g ~AKF a j < j ON 9cP U C i I! ~ j C ORIGINAL, AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) ss. County of Kern ) ROBERTA GAFFORD, 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 9th day of September, 2010 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4626, passed by the Bakersfield City Council at a meeting held on the 8th_day of September. 2010 and entitled: AN ORDINANCE ADOPTING A ZONE CHANGE NO 10-0157 BY AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE TO MODIFY CONDITION NOS. 5A, 7,8 AND 11 FOR ZONE CHANGE NO. 06-0463, LOCATED ALONG THE SOUTH SIDE OF BERKSHIRE ROAD GENERALLY WEST OF ASHE ROAD. (ZC 10- 0157). ROBERTA GAFFORD City Clerk and Ex Officio of the Council of the City of Bakersfield By: DEPI~ JTY City Jerk S:\DOCUMENT\FORMSWOP.ORD.wpd ~~AKF9 O ~-r m ~ORIGINAC