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Home My WebLink AboutORD NO 4654ORDINANCE NO. 4654 AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020, OFFICIAL ZONE MAP OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM E TO E-CH ON 18.03 ACRES GENERALLY LOCATED AT THE NORTHWEST CORNER OF REINA AND OLD FARM ROAD (ZONE CHANGE NO. 11-0271) 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 at the northwest corner of Reina and Old Farm Road as shown on Exhibit "A-2"; WHEREAS, by Resolution No. 17-11 on October 20, 2011 the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change 1 1-0271 as delineated on attached as delineated on attached Zoning Map marked Exhibit "A-2", 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 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 for Zone Change 11-0271 was advertised and posted on September 30, 2011, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows church 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 proposed project is compatible with surrounding uses. 4. The proposed project is consistent with the Metropolitan Bakersfield General Plan. -1 - ogAKF9s T v ORIGINAL 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, of which the boundary is shown on Zoning Map marked Exhibit "A-2" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "A-3 4. Such zone change is hereby made subject to the conditions of approval listed in attached Exhibit "A-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 - o~~ A K m o v ORIGINAL 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 December fig. 2011 by the following vote: ✓ ✓ ✓ ✓ 6YE COUNCILMEMBER: SALAS, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, JOHNSON NOES: COUNCILMEMBER: D YLe- ABSTAIN: COUNCILMEMBER: ~'Yl Amp ABSENT: COUNCILMEMBER: ✓1,1!2- ROBERTA GAFFORD, CMkl CITY CLERK and Ex Offi io Clerk of the Council of the City of Bakersfield APPROVED NC 1 4 2011 Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO Ci By Conditions of Approval Location Map with Zoning Legal Description AJ \ S:\ZoneChange\yr 2011\ZC 11-0271\CC\0271-OZC-CC.doc -3 - ~PKF9 m ~ r v o ORIGINAL Exhibits: (Attached) A. Exhibits: A-1. A-2. A-3. EXHIBIT "A-1 " CONDITIONS OF APPROVAL/MITIGATION MEASURES ZONE CHANGE #11-0271 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. MITIGATION MEASURES 2. The current Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) expires in year 2014. Projects may be issued an urban development permit, grading plan approval, or building permit and pay fees prior to the 2014 expiration date under the current MBHCP. As determined by the City of Bakersfield, only projects ready to be issued an urban development permit, grading plan approval or building permit) before the 2014 expiration date will be eligible to pay fees under the current MBHCP. Early payment or pre-payment of MBHCP fees shall not be allowed. The ability of the City to issue urban development permits is governed by the terms of the MBHCP. Urban development permits issued after the 2014 expiration date may be subject to a new or revised Habitat Conservation Plan, if approved, or be required to comply directly with requests of the U.S. Fish and Wildlife Agency and the California Fish and Game Department. Orderly development. 3. Prior to ground disturbance, the subdivider shall have a qualified consultant survey the location for burrowing owl, and comply with the provisions of the Migratory Bird Treaty Act (MBTA) of 1918 (16 U.S.C. 703-711). A copy of the survey shall be provided to the Planning Department prior to ground disturbance. Survey protocol shall be that recommend by the State Department of Fish and Game. S:\ZoneChange\yr 2011 \ZC 1 1-0271 \Exh l.docx ~gAKF9 s 11/15/2011 R, r v o ORIGINAL EXHIBIT "A-1 " ZC 1 1-0271 CONDITIONS OF APPROVAL Pg2of2 The burrowing owl is a migratory bird species protected by international treaty under the Migratory Bird Treaty Act (META) of 1918 (16 U.S.C. 703-711). The MBTA makes it unlawful to take, possess, buy, sell, purchase, or barter any migratory bird listed in 50 C.F.R. Part 10, including feathers or other parts, nests, eggs, or products, except as allowed by implementing regulations (50 C.F.R. 21). Sections 3503, 3503.5, and 3800 of the California Department of Fish and Game Code prohibit the take, possession, or destruction of birds, their nests or eggs. To avoid violation of the take provisions of these laws generally requires that project-related disturbance at active nesting territories be reduced or eliminated during critical phases of the nesting cycle (March 1 - August 15, annually). Disturbance that causes nest abandonment and/or loss of reproductive effort (e.g., killing or abandonment of eggs or young) may be considered "taking" and is potentially punishable by fines and/or imprisonment. 4. Prior to ground disturbance, the subdivider shall have a qualified consultant survey the location for kit fox, and comply with the provisions of the Metropolitan Bakersfield Habitat Conservation Plan. Survey protocol shall be that recommended by the State Department of Fish and Game. Subdivider shall be subject to the mitigation measures recommended by the consultant. A copy of the survey shall be provided to the Planning Department prior to ground disturbance. 5. Prior to any ground disturbance, all employees, contractors or other persons involved in the construction of the project shall attend a "tailgate" session informing them of the biological resource protection measures which will be implemented for the project. The orientation shall be conducted by a qualified biologist and shall include information regarding biological resources of the local area, reasons why biological resources are to be preserved and reviewed by a qualified biologist to determine significance, examples of possible biological resources, summary of applicable environmental law, procedures to follow if a possible listed species is found, and measures intended to reduce impacts. 6. Within 15 days of holding said "tailgate" session, the biologist shall submit a summary report to the Planning Director verifying the following: 1) when and where the session took place; 2) topics discussed in the session; 3) session attendance roster. Submittal of said report will signify completion of the program to mitigate impacts on biological resources. Mitigation measures (Condition Numbers 2-6) as recommended by Pruett & Associates, Preliminary Biological Assessment, Jan. 2011) 7. 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. 8. If human remains are discovered during ground disturbance, all work shall stop and provisions of the state Health and Safety Code section 7050.5 shall be observed by qualified professionals. Mitigation measures (Condition Numbers 7-8) as recommended by Hudlow, Cultural Resources Survey, Jan 2011). SAZoneChange\yr 2011 \ZC 11-0271 \Exh I.docx 1111512011 0AKF9~ o J O ORIGINAL N O W CD Z NQ P~ aU =W ~Z XO wN OC O LL V Z z O N i WL ~I=LU~,~ ~ i I'I it I II_ii-1 L!j °trl,l j-I'`I a I' I~ E~F u -FWT- 7 F - I Tw to 1 0 1ELD U ZQ J I~ ~ x(11 ° U- U w o= WW W I jeiLi of 0 ~ln J /144/ ifQ /CN \ 1 N i i EXHIBIT 16A=3" PROPOSED ZONE CHANGE LEGAL DESCRIPTION PROPOSED E-CH (FROM E) BEING A PORTION OF THE REMAINDER OF PARCEL 10 OF PARCEL MAP NO. 9826, FILED FOR RECORD IN BOOK 44 OF PARCEL MAPS AT PAGES 131 AND 132, AS EVIDENCED BY THAT THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED MARCH 23, 2005 AS DOCUMENT NO. 0205070758 OF OFFICIAL RECORDS, BOTH IN THE OFFICE OF THE KERN COUNTY RECORDER; ALSO BEING A PORTION OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 29 SOUTH, RANGE 26 EAST, M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL 10, SAID POINT ALSO BEING THE SOUTH QUARTER CORNER OF SAID SECTION; THENCE ALONG THE FOLLOWING FOUR (4) COURSES: 1) NORTH 89-16'59" WEST, ALONG THE SOUTHERLY LINE OF SAID PARCEL 10 AND THE SOUTH LINE OF SAID SECTION, A DISTANCE OF 985.63 FEET; THENCE 2) NORTH 00-46-51" EAST, A DISTANCE OF 797.66 FEET TO THE NORTHERLY LINE OF SAID DESIGNATED REMAINDER; THENCE 3) SOUTH 89°09'56" EAST, ALONG SAID NORTHERLY LINE, A DISTANCE OF 986.26 FEET TO THE EASTERLY LINE OF SAID DESIGNATED REMAINDER, SAID EASTERLY LINE ALSO BEING THE CENTERLINE OF OLD FARM ROAD; THENCE 4) SOUTH 00°49'35" WEST, ALONG SAID EASTERLY LINE AND SAID CENTERLINE, A DISTANCE OF 795.64 FEET TO THE POINT OF BEGINNING. CONTAINING 18.03 (GROSS) ACRES, MORE OR LESS. JEFFREY L. MAIN DATE L.S. 5798 EXPIRES 6-30-12 MCINTOSH 04 c&AssocLAMS 661-834-4815 • 661-834-0972 2001 Wheelan Court • Bakersfield, CA 93309 ?5~O LAN D SL F~ E FREY L MARTNV 0 EXP U*. 4 _ LS 5798 ~A~ gAKs9 E-- m U p 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 16th day of December, 2011 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4654, passed by the Bakersfield City Council at a meeting held on the 14th day of December, 2011 and entitled: AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020, OFFICIAL ZONE MAP OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM E TO E-CH ON 18.03 ACRES GENERALLY LOCATED AT THE NORTHWEST CORNER OF REINA AND OLD FARM ROAD (ZONE CHANGE NO. 11-0271) ROBERTA GAFFORD City Clerk and Ex Officio of the 4UCity e City of Bakersfield Clerk S ADOCUMENT\FORMS\AOP. ROl.wpd o``~AK~9,cs m F- r V 0 ORIGINAL