HomeMy WebLinkAboutORD NO 4789ORDINANCE NO. 4789
AN ORDINANCE OF THE BAKERSFIELD CITY COUNCIL
APPROVING AN AMENDMENT TO TITLE 17 OF THE BAKERSFIELD
MUNICIPAL CODE TO CHANGE THE ZONE DISTRICT LOCATED
ON THE NORTHWEST CORNER OF HAGEMAN ROAD AND
KNUDSEN DRIVE. (ZC NO. 14- 0101).
WHEREAS, McIntosh & Associates for Kern Land Partners, LLC, filed an application
with the City of Bakersfield Community Development Department requesting to
change the zone district from R -1 (One Family Dwelling) to C -2 /PCD (Regional
Commercial /Planned Commercial Development) on 11.29 acres located on the
northwest corner of Hageman Road and Knudsen Drive, as shown in attached Exhibit
"B," (the "Project "); and
WHEREAS, the Planning Commission held a public hearing on Thursday, June 5,
2014, and approved Resolution No. 22 -14, which recommended that the City Council
approve the Project; and
WHEREAS, the City Council has adopted a Negative Declaration with mitigation
measures for the Project; and
WHEREAS, staff determined that the Program Environmental Impact Report for
GPA /ZC No. P99 -0482 in conjunction with the Negative Declaration prepared for the
Project adequately addresses the potential environmental impacts of the Project; 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:
1. The Planning Commission's findings as contained in its Resolution No. 22 -14
are hereby adopted.
2. The Project is subject to mitigation measures found in the adopted
Negative Declaration for the Project and the Program Environmental
Impact Report for GPA /ZC No. P99 -0482.
3. The Project is hereby approved and incorporating the change into the
official zoning map as described in Bakersfield Municipal Code Section
17.06.020 located on the map as shown in Exhibit "B" and as specifically
described in Exhibit "C ", all of which are incorporated herein.
Page 1 of 2
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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.
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HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the
Council of the City of Bakersfield at a regular meeting held on SEP 2 4 2014
by the following vote:
AYES
RM-8:
ABSTAIN:
B NT:
COUNCILMEMBERRIVERA, MAXWELL, WEIR, SMITH, SULLIVAN, JOHNSON
COUNCILMEMBER kmv,%A
OBERTA GAFFORD, CMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
SEP 2 4 2014
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Att y
By:
ANDREW HEGLUND
Deputy City Attorney
Exhibits: A Conditions of Approval
B Zone Change Map
C Legal Description
By: CG \S: \ZoneChange \yr2014 \14- 0101 \CC ZC Ordinance 14- 0101.docx
Page 2 of 2
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Exhibit A
Conditions of Approval
Zone Change No. 14 -0101
Public Works
1. Prior to development of the project site, provide fully executed dedication for
Hageman Road to arterial standards between Knudsen Drive and Bergamo Drive.
Also provide fully executed dedication for Knudsen Drive between Hageman Road
and Basilicata Drive to standards consistent with the City's General Plan at time of
development, as necessary. 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.
For orderly development.
2. Along with the submittal of any development plan, prior to approval of improvement
plans or with the application for a lot line adjustment or parcel merger, the following
shall occur (If a tentative subdivision map over the entire ZC area is submitted, than
these conditions can be met with the map).
a. The existing sump adjacent to the south may have been sized to include this
area. Submit a supplemental drainage study to be reviewed and approved by
the City Engineer to see if the existing sump can be modified to except the
additional runoff generated through development under the new land use and
zoning. If sump cannot be modified the drainage is to be placed on -site and
privately maintained.
b. Submit verification to the City Engineer of the existing sewer system's capability
to accept the additional flows to be generated through development under
the new land use and zoning.
c. Developer is responsible for the construction of all infrastructure, both public
and private, within the boundary of the ZC area. This includes the construction
of any and all boundary streets to the centerline of the street, unless otherwise
specified. The developer is also responsible for the construction of any off site
infrastructure required to support this development, as identified in these
conditions. The phasing of the construction all infrastructure will be addressed
at the subdivision map or site plan review stage.
For orderly development.
3. Undeveloped parcels within an existing Maintenance District are required to update
Maintenance District documents. Updated documents, including Proposition 218
Ballot and Covenant, shall be signed and notarized.
For orderly development.
4. Access to Hageman Road and Knudsen Drive will be limited to right in /right out and
possibly left in which will be determined at time of division or development.
Determination of whether a right turn deceleration lane is required at the access
street(s) or entrances(s) will also be made at the time of division or development. No
full access opening will be allowed.
For orderly development.
5. A traffic impact analysis dated April 9, 2014 was prepared by McIntosh & Associates
for the project site. The project's land use will remain General Commercial. The
Page 1 of 2
EXHIBIT A
Conditions of Approval
ZC No. 14 -0101
current Metropolitan Bakersfield Regional Transportation Impact Fee Program -Phase
IV, in conjunction with the KernCOG traffic model used to prepare that impact fee
program, have accounted for this project area as General Commercial when
determining the transportation facilities list and proposed mitigation improvements
required for the year 2035. Therefore, the background and project generated traffic is
already accounted for and included in the KernCOG model.
For orderly development.
6. The development shall pay into the adopted Regional Traffic Impact Fee fixed rate
program.
For orderly development.
Planning
7. A Noise Study shall be completed by the developer and approved by the Planning
Director prior to the approval of any site plan.
For orderly development
8. As part of the Site Plan Review and /or Subdivision application, the applicant will
include local street access to the commercial use on the project site so to enhance
pedestrian and vehicular access from adjacent residential neighborhoods.
For orderly development.
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.
CG: S: \ZoneChange \yr 2014\ 14 -0101 \Conditions Ex A.docx
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EXHIBIT C
ZONE CHANGE
LEGAL DESCRIPTION
PROPOSED C -2 (FROM R -1)
BEING THAT PORTION OF THE EAST HALF OF SECTION 15, TOWNSHIP 29 SOUTH,
RANGE 27 EAST, M.D.M., IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS.
BEGINNING AT THE CENTERLINE INTERSECTION OF KNUDSEN DRIVE AND BASILICATA
DRIVE AS SHOWN ON PARCEL MAP NO. 11010 PHASE 1 FILED APRIL 19, 2005 IN
PARCEL MAP BOOK 54, AT PAGES 5 AND 6, IN THE OFFICE OF THE KERN COUNTY
RECORDER; THENCE ALONG THE FOLLOWING FIFTEEN (15) COURSES:
1) SOUTH 00 °06'17" EAST, ALONG THE CENTERLINE OF KNUDSEN DRIVE, A
DISTANCE OF 135.02 FEET TO THE BEGINNING OF A CURVE, CONCAVE
EASTERLY, HAVING A RADIUS OF 1,750.00 FEET; THENCE
2) SOUTHERLY ALONG SAID CURVE AND SAID CENTERLINE, THROUGH A
CENTRAL ANGLE OF 10 °50'47 ", AN ARC DISTANCE OF 331.28 FEET; THENCE
3) SOUTH 10 °57'04" EAST, CONTINUING ALONG SAID CENTERLINE, A DISTANCE
OF 99.07 FEET TO THE CENTERLINE OF HAGEMAN ROAD AND TO THE
BEGINNING OF A NON - TANGENT CURVE, CONCAVE SOUTHEASTERLY,
HAVING A RADIUS OF 1,500.00 FEET, FROM WHICH POINT A RADIAL LINE
BEARS SOUTH 18 049'35" EAST; THENCE
4) SOUTHWESTERLY ALONG SAID CURVE AND SAID CENTERLINE, THROUGH A
CENTRAL ANGLE OF 29 °23'50 ", AN ARC DISTANCE OF 769.61 FEET; THENCE
5) SOUTH 41-46-36" WEST, CONTINUING ALONG SAID CENTERLINE, A
DISTANCE OF 95.48 FEET; THENCE
6) DEPARTING SAID CENTERLINE, NORTH 48 °13'24" WEST, A DISTANCE OF
261.22 FEET TO THE EASTERLY BOUNDARY LINE OF TRACT NO. 6013, PHASE
3 FILED FOR RECORD MAY 24, 2002 IN MAP BOOK 48, PAGES 109 THROUGH
111 (INCLUSIVE), IN THE OFFICE OF THE KERN COUNTY RECORDER;
THENCE
7) NORTH 30 °19'10" EAST, ALONG SAID EASTERLY BOUNDARY LINE, A
DISTANCE OF 161.21 FEET; THENCE
8) NORTH 36 °30'24" EAST, CONTINUING ALONG SAID EASTERLY BOUNDARY
LINE, A DISTANCE OF 142.94 FEET; THENCE
9) NORTH 29 °56'30" EAST, CONTINUING ALONG SAID EASTERLY BOUNDARY
LINE, A DISTANCE OF 140.00 FEET; THENCE
P:\PROJECTS\13047.00-HAGEKNUD\LEGALS\13047ZC01.DOCX
ZONE CHANGE
LEGAL DESCRIPTION
10) NORTH 28 °57'39" EAST, CONTINUING ALONG SAID EASTERLY BOUNDARY
LINE, A DISTANCE OF 79.10 FEET; THENCE
11) NORTH 23 °23'35" EAST, CONTINUING ALONG SAID EASTERLY BOUNDARY
LINE, A DISTANCE OF 87.17 FEET; THENCE
12) NORTH 17 °01'39" EAST, CONTINUING ALONG SAID EASTERLY BOUNDARY
LINE, A DISTANCE OF 87.17 FEET; THENCE
13) NORTH 09 °34'01" EAST, CONTINUING ALONG SAID EASTERLY BOUNDARY
LINE, A DISTANCE OF 104.85 FEET; THENCE
14) NORTH 00 °54'15" EAST, CONTINUING ALONG SAID EASTERLY BOUNDARY
LINE, A DISTANCE OF 175.51 FEET TO THE CENTERLINE OF BASILICATA
DRIVE; THENCE
15) SOUTH 89 °05'45" EAST, ALONG SAID CENTERLINE, A DISTANCE OF 487.19
FEET TO THE POINT OF BEGINNING.
CONTAINING 11.29 GROSS ACRES, MORE OR LESS.
CONTAINING 10.95 NET ACRES, MORE OR LESS. �t�D
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JEFFREY L. TIN DATE q
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EXPIRES 6 -30 -14
MCINTOSH
&AssocLATEs
661 - 834 -4814 - 661 - 834 -0972
2001 Wheelan Court - Bakersfield, CA 93309
P:\PROJECTS\13D47.00-HAGEKNUD\LEGALS\13047ZC01.DOCX
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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 26th day of September, 2014 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4789, passed by the
Bakersfield City Council at a meeting held on the 24th day of September, 2014 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 ON THE
NORTHWEST CORNER OF HAGEMAN ROAD AND KNUDSEN DRIVE
(ZC NO. 14 -0101)
ROBERTA GAFFORD
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By9PY4 DE C lerk