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Home My WebLink AboutORD NO 4718ORDINANCE NO. 4 71 8 AN ORDINANCE OF THE BAKERSFIELD CITY COUNCIL ADOPTING A NEGATIVE DECLARATION AND APPROVING AN AMENDMENT TO TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE TO CHANGE THE ZONE DISTRICT FROM A PCD (PLANNED COMMERCIAL DEVELOPMENT) TO A C -C (COMMERCIAL CENTER) ZONE ON APPROXIMATELY 1.47 ACRES LOCATED ON THE WEST SIDE OF BAKER STREET, BETWEEN LAKE AND KENTUCKY STREETS, (ZC NO. 12- 0416). WHEREAS, Kern County Housing Authority, filed an application with the City of Bakersfield Planning Department requesting to change the zone district from a PCD (Planned Commercial Development) to C -C (Commercial Center) zone on approximately 1.47 acres located on the west side of Baker Street, between Lake and Kentucky Streets (the 'Project "); and WHEREAS, the Planning Commission held a public hearing on December 20, 2012, and approved Resolution No. 36 -12, which recommended on a 3 -2 voted that the City Council adopt a Negative Declaration and approve a C -C /PCD (Commercial Center/ Planned Commercial Development) combining zone; and WHEREAS, staff recommends adoption of a Negative Declaration and approval of a C -C (Commercial Center) zone in order to meet funding deadlines of the federal Neighborhood Stabilization Fund; and WHEREAS, the City Council considered all facts, testimony, and evidence concerning the Project, including the staff report, initial study, special studies (if any), deliberation, and action by the Planning Commission; and WHEREAS, the Project is consistent with the Metropolitan Bakersfield General Plan. SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Bakersfield City Council as follows: WHEREAS, the facts presented in the staff report, initial study, and special studies (if any), and evidence received both in writing and by verbal testimony at the above referenced public hearing support the following findings: All required public notices have been given. Hearing notices regarding the Project were mailed to property owners within 300 feet of the Project area and published in the Bakersfield Californian, a local newspaper of general circulation, 20 days prior to the hearing. > m -- r )RIGINAL 2. The provisions of CEQA, the State CEQA Guidelines, and the City of Bakersfield CEQA Implementation Procedures have been followed. Staff determined that the proposal is a project under CEQA and an initial study was completed. A Negative Declaration was prepared and properly noticed for public review. 3. A Negative Declaration for the Project is the appropriate environmental document to accompany its approval. In accordance with CEQA, staff prepared an initial study and indicated that because mitigation measures relating to cultural resources have been incorporated into the Project, the Project will not significantly impact the physical environment. 4. The Negative Declaration is hereby adopted. 5. Public necessity, general welfare, and good planning practices justify the change to the zoning district. 6. The change is compatible with the zone districts and development of surrounding properties, and is consistent with the Metropolitan Bakersfield General Plan. 7. The change to the zone district is hereby approved subject to the mitigation measures /conditions of approval in Exhibit A, and incorporating the change into the official zoning map as described in Bakersfield Municipal Code Section 17.06.020 as shown in Exhibit B and as specifically described in Exhibit C. SECTION 2. This ordinance must be posted in accordance with the Bakersfield Municipal Code and will become effective not less than 30 days from and after the date of its passage. --- - - - - -- 000 --- - - - - -- sAM o``�AKF9s r � O ORIGINAL HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting held on FEB 13 2013 by the following vote: COUNCILMEMBER MAXWELL, WEIR SMITH, HANSON. SULLIVAN. NOES: COUNCILMEMBER BST l- . COUNCILMEMBER '7b hnS O'r-- ABSENT: COUNCILMEMBER %Q.qv . FEB 13 2013 APPROVED HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attgf�n�y ANDREW HEGLUND Deputy City Attorney \-94 �2 - ROBERTA GAFFORD, CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield Exhibits: A Mitigation Measures /Conditions of Approval B Zone District Change Map C Legal Description Jeng / S: \ZoneChange \yr 2012 \ZC 12- 0416 \CC \CC ZC Ord.doc �0AKF9 >- m >- r rj G _ g _ �RIUINAi, EXHIBIT A CONDITIONS OF APPROVAL / MITIGATION MEASURES ZONE CHANGE 12 -0416 PLANNING 1. If cultural resources are encountered during ground disturbance, a qualified archaeologist shall be retained by the developer to evaluate the significance of the resources and to formulate a mitigation program if necessary. The archaeologist shall coordinate with the City of Bakersfield Planning Department. Mitigation measure for Cultural Resources. 2. Submission of precise development plans for Cornet Building, shall require evaluation relative to any National Register of Historic Places (NRHP) or California Register of Historical Resources (CRHR) eligibility and compliance with those applicable regulations. Mitigation measure for Cultural Resources. 3. If human remains are discovered during grading or construction activities, work would cease pursuant to Section 7050.5 of the California Health and Safety Code. If human remains are identified on the site at any time, work shall stop at the location of the find and the Kern County Coroner shall be notified immediately (Section 7050.5 of the California Health and Safety Code and Section 5097.98 of the California Public Resources Code which details the appropriate actions necessary for addressing the remains) and the local Native American community shall be notified immediately. Mitigation measure for Cultural Resources. 4. 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. By jeng S:2oneChangelyr 20122C 12- 04161MExhA.doc 1/3/2013 o``gAKF9� ~' r U C7 ORIGINAL Exhibit "A" Zone Change 12 -0416 Page 2 of 2 CITY ATTORNEY 5. 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 and 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. Byjeng S :VoneChange1yr2012VC 12- 04161MEMA.doc 1/3/2013 O��AKF9.c� s � r U O ORIGINAI N U ti co /,U U O N W Z Q 2 U W Z O N � E�ttJIBIT `B" g r s / w co N Z ° N uj rn N H C N U N U N U T m v / O ORIGINAL EXHIBIT C LEGAL DESCRIPTION FOR ZONE CHANGE # 12 -0416 PCD (Planned Commercial Development) to CC (Commercial Center) Zone Being Parcels 2 and 3 of Parcel Map Waiver No. 07 -0937 recorded on September 11, 2007 as Instrument Document No. 0207186324 of Official Records, also being a portion of the northeast quarter of Section 29, Township 29 South, Range 28 East, Mount Diablo Meridian, in the City of Bakersfield, County of Kern, State of California. Contains 1.47 acres S: \ZoneChange \yr 2012 \ZC 12 -0416 \legal des.docx o� 6 AKF9<t' 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 19th day of February, 2013 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4718, passed by the Bakersfield City Council at a meeting held on the 13thday of February. 2013 and entitled: AN ORDINANCE OF THE BAKERSFIELD CITY COUNCIL ADOPTING A NEGATIVE DECLARATION AND APPROVING AN AMENDMENT TO TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE TO CHANGE THE ZONE DISTRICT FROM A PCD (PLANNED COMMERCIAL DEVELOPMENT) TO A C -C (COMMERCIAL CENTER) ZONE ON APPROXIMATELY 1.47 ACRES LOCATED ON THE WEST SIDE OF BAKER STREET, BETWEEN LAKE AND KENTUCKY STREETS (ZC NO. 12- 0416). ROBERTA GAFFORD City Clerk and Ex Officio of the Council of the City of B*ersfie SADOCUMENIIFORMSWOP.ORD.wpd