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HomeMy WebLinkAboutORD NO 4730.4730 9 ; N .1.>;01;L11•a AN ORDINANCE OF THE BAKERSFIELD CITY COUNCIL APPROVING AN AMENDMENT TO TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE TO CHANGE THE ZONE DISTRICT LOCATED AT THE SOUTHWEST CORNER OF RENFRO ROAD AND NORIEGA ROAD. (ZC NO. 12- 0463). WHEREAS, McIntosh and Associates for Black Ops Real Estate VIII, filed an application with the City of Bakersfield Community Development Department requesting to a zone change on 80 acres from County zoned R-1 (Low Density Residential) on 75 acres, County zoned E(5) RS PE (Estate 5 Acres, Residential Suburban Combining, Petroleum Extraction Combining) on 5 acres to the City zone district of R- 1 (One-Family Dwelling) on 80 acres, located southwest corner of Renfro Road and Noriega Road (the "Project "); and WHEREAS, the Planning Commission held a public hearing on March 21, 2013, and approved Resolution No. 06 -13, which recommended that the City Council approve the zone change and adopt a Negative Declaration; and WHEREAS, the City Council considered all facts, testimony, and evidence concerning the Project, including the staff report, Negative Declaration and the Planning Commission's deliberation, and action; 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: The Planning Commission's findings as contained in its Resolution No. 06 -13 are hereby adopted. 2. The Negative Declaration is hereby adopted. 3. The Project 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 located as shown in Exhibit B and as specifically described in Exhibit C, all of which are incorporated herein. 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--- - - - - -- Page 1 of 2 o�gAKF,9s,� > m P_ V O ORIGINAL I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting held on JUN 0 5 1013 by the following vote: AYES' ABSTAIN: ABSENT: APPROVED COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER JUN 0 5 1013 HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIg,GENNARO City At r ey , , Deputy City Attorney _2? ROBERTA GAFFORD, C CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield Exhibits: A Mitigation Measures /Conditions of Approval B Zone Change Location Map C Legal Description By: pe \ S: \ZoneChange \yr 2013\ 12- 0463 \CC \RES CC ZC Ordinance.doc Page 2 of 2 NK499 P � m r v o ORIGINAL EXHIBIT A CONDITIONS OF APPROVAL ZONE CHANGE 12 -0463 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 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 anyway 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. PLANNING From the Mitigated Negative Declaration for Zone Change 12 -0463: BIOLOGICAL RESOURCES 2. 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. 3. 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 o��AK�9s .� By Elisheva /S:VoneChangelyr 2013112 - 0463112 -0463 ExhA conditions. doc m r U O ORIGINAL Exhibit "A" Zone Change 12 -0463 Page 2 of 2 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 Wildlife Department. Orderly development. CULTURAL RESOURCES 4. Prior to ground disturbance, the developer shall have a qualified archaeologist conduct a field study of the project site. 5. 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 archaeologist. oIk 9�-n �- M I- r J Q) ORIGINAL OC �••� U U 2 I•• U co Co C I N > Q T 3 w N O w i Cc U Z ¢ 1S tl3JN3SS3W Q N U VNVH U LU ¢ Z O e O z O EXHIBIT B / Q<} �3 U U w O o co } v U W C U co CN O w a Z -LL fn g � W N U U � O Ski L pW` OW w' cr O 2 a LL LL ww 00 W` w W o U QW U AVM OU C114 QH4N=lH OW a UW CL Cj U vv e w i N 10301, O > p¢ U ❑ w U NI p <331di ONIUdS m iS W IS N3NIl Cj N Ol0 v 5i0 aidvis iW W_ al U V o OW z > O tq LL V � Q OW ¢ z is VIWVOVOVW Q U U 3 J CL a Zw a v a VM VUUMIVOZ© C i AVM ¢ ONWHOO Z �W M - AVM ONVkiOW CL 0 U K y 2 g U o�gAKF9s -� >- m F— r v � ORIGINAL EXHIBIT "C" ZONE CHANGE LEGAL DESCRIPTION PROPOSED R -1 (FROM A) BEING PARCEL "B" OF LOT LINE ADJUSTMENT NO. 43 -05 PER CERTIFICATE OF COMPLIANCE RECORDED OCTOBER 7, 2005 PER DOCUMENT NO. 0205277017 OF OFFICIAL RECORDS, AND LOTS 19 AND 20 ACCORDING TO THE SALES MAP OF LANDS OF KERN COUNTY LAND COMPANY FILED DECEMBER 29, 1890, BOTH IN THE OFFICE OF THE KERN COUNTY RECORDER LOCATED IN THE EAST HALF OF SECTION 15, TOWNSHIP 29 SOUTH, RANGE 26 EAST, M.D.M., IN THE COUNTY OF KERN, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 15, SAID POINT ALSO BEING ON THE CENTERLINE OF RENFRO ROAD; THENCE NORTH 00 046'56" EAST, ALONG THE EAST LINE OF SAID SECTION AND SAID CENTERLINE, A DISTANCE OF 1,320.17 FEET TO THE POINT OF BEGINNING, SAID POINT ALSO BEING THE NORTHEAST CORNER OF TRACT NO. 6252 PHASE "A" FILED FOR RECORD JULY, 18, 2006 IN MAP BOOK 55 AT PAGES 143 THROUGH 147, IN THE OFFICE OF THE KERN COUNTY RECORDER; THENCE ALONG THE FOLLOWING EIGHT (8) COURSES: 1) DEPARTING SAID EAST LINE, NORTH 89 °18'57" WEST, ALONG THE NORTHERLY LINE OF SAID TRACT NO. 6252 PHASE "A ", A DISTANCE OF 2,642.54 FEET TO THE NORTHWEST CORNER OF SAID TRACT, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF LOT 20 OF SAID SALES MAP; THENCE 2) NORTH 00 °46'15" EAST, ALONG THE WESTERLY LINE OF SAID LOT 20, A DISTANCE OF 1,320.38 FEET TO THE NORTHWEST CORNER OF SAID LOT; THENCE 3) SOUTH 89 °18'40" EAST, ALONG THE NORTHERLY LINE OF SAID LOTS 20,19 AND SAID PARCEL "B ", A DISTANCE OF 2,642.80 FEET TO THE NORTHEAST CORNER OF SAID PARCEL "B ", SAID POINT ALSO BEING ON THE EAST LINE OF SAID SECTION 15; THENCE 4) SOUTH 00 °46'56" WEST, ALONG THE EASTERLY LINE OF SAID PARCEL "B" AND THE EAST LINE OF SAID SECTION, A DISTANCE OF 670.00 FEET TO THE NORTHEAST CORNER OF PARCEL "A" OF SAID LOT LINE ADJUSTMENT; THENCE 5) DEPARTING THE EAST LINE OF SAID SECTION, NORTH 89 °18'40" WEST, ALONG THE NORTHERLY LINE OF SAID PARCEL "A ", A DISTANCE OF 660.89 FEET TO THE NORTHWEST CORNER OF SAID PARCEL "A "; THENCE 6) SOUTH 00 °46'23" WEST, ALONG THE WESTERLY LINE OF SAID PARCEL "A ", A DISTANCE OF 330.00 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL "A "; THENCE 81 ip" > m v � ORIGINAL EXHIBIT "C" ZONE CHANGE LEGAL DESCRIPTION (CONTINUED) 7) SOUTH 89 °18'40" EAST, ALONG THE SOUTHERLY LINE OF SAID PARCEL "A ", A DISTANCE OF 660.84 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL "A" SAID POINT ALSO BEING ON THE EAST LINE OF SAID SECTION; THENCE 8) SOUTH 00 °46'56" WEST, ALONG SAID EAST LINE, A DISTANCE OF 320.17 FEET TO THE POINT OF BEGINNING. CONTAINING 75.09 ACRES, MORE OR LESS. JEFFREY L. qARTIN DATE L.S. 5798 EXPIRES 6 -30 -14 MCINTOSH A ssocIATES /? 661 -834 -4814 • 661 -834 -0972 2001 Wheelan Court • Bakersfield, CA 93309 P: \PROJECTS\ 12068. 00- BOPRUDD \Legals \12068ZC01.docx SAND s�'9 JEFFREY MARTIN 0 � EXP •3� • 1 LS 5798 A 8-�AKF9's.� >. m � o J ORIGINAL EXHIBIT `°C" ZONE CHANGE LEGAL DESCRIPTION PROPOSED R -1 (FROM A) BEING A PORTION OF SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 29 SOUTH, RANGE 26 EAST, M.D.M., IN THE COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL "A" OF LOT LINE ADJUSTMENT NO. 43 -05 PER CERTIFICATE OF COMPLIANCE RECORDED OCTOBER 7, 2005 PER DOCUMENT NO. 0205277017 OF OFFICIAL RECORDS, IN THE OFFICE OF THE KERN COUNTY RECORDER. CONTAINING 5.01 ACRES, MORE OR LESS. SAID %�AN D S& JEFFREY 1. MARTIPJ EXPL *) - \ LS 5798 j JEFFREY L. DATE L.S. 5798 EXPIRES 6 -30 -14 M Assocons-J,I., 661 -834 -4814. 661 -834 -0972 2001 Wheelan Court - Bakersfield, CA 93309 P: \PROJECTS \12068.00 -BOPRU D D\Lega ls\12068ZCO2.docx m v 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 11th day of June, 2013 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4730, passed by the Bakersfield City Council at a meeting held on the 5th day of June. 2013 and entitled: AN ORDINANCE OF THE BAKERSFIELD CITY COUNCIL APPROVING AN AMENDMENT TO TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE TO CHANGE THE ZONE DISTRICT LOCATED AT THE SOUTHWEST CORNER OF RENFRO ROAD AND NORIEGA ROAD. (ZC NO 12- 0463). ROBERTA GAFFORD City Clerk and Ex Officio of the Council of the City of Bakersfield By: DEPUV City Clerk SAD000MENIIF0RMSW0P.0RD.wpd