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.
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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.
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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
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
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Exhibit A - Modification to Condition Nos. 5a, 7, 8, and 11 for GPA/ZC No. 06-0463
B - Zone Change Location Map
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EXHIBIT A
MODIFY CONDITION NOS. 5.a, 7, 8, AND 11
FOR GPA/ZC 06-0463
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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.
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EXHIBIT B
ZONE CHANGE LOCATION MAP
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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
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