HomeMy WebLinkAboutORD NO 5096ORDINANCE.NO. 5 0 9 6
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
SOUTHWEST CORNER OF FAIRVIEW ROAD AND SOUTH UNION
AVENUE. (ZC NO.21-0196).
WHEREAS, McIntosh and Associates for Ralph M. Palla Survivors Trust (property
owner), filed an application with the City of Bakersfield Development Services
Department requesting to change the zone district from R-1 (One -Family Dwelling) to C-
2 (Regional Commercial) on 11-acres and from R-1 (One -Family Dwelling) to M-1 (Light
Manufacturing) on 1 1-acres located at the southwest corner of Fairview Road and South
Union Avenue, as shown on attached Exhibit "A", (the "Project"); and
WHEREAS, the Planning Commission held a public hearing on April 7, 2022, and
approved Resolution No. 38-22, which recommended that the City Council approve the
Project; and
WHEREAS, the City Council has adopted a Mitigated Negative Declaration for 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 above recitals, incorporated herein, are true and correct.
2. The Planning Commission's findings as contained in its Resolution No. 38-22
are hereby adopted.
3. The Project is subject to mitigation measures found in the adopted
Mitigated Negative Declaration for the Project.
4. The Project is hereby approved 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 A and as specifically described in
Exhibit B, all of which are incorporated herein.
Page 1 of 2 KE;
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`ORIGINAL
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---------
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 June 1,
2022 by the following vote:
✓ ✓ ✓ ✓ ✓ V
AYE COUNCILMEMBER: ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, ?Ai
NOES: COUNCILMEMBER:
A AIN: COUNCILMEMBER:
ABSENT: COUNCILMEMBER: P Pk Rl
JULIE DRIMAKIS, MMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
APPROVED: JUN 0 12022
By
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO, CITY ATTORNEY
City Attor ey
B
VIRIDIANA GALLARDO-KING
Deputy City Attorney
Exhibits: A Conditions of Approval/Mitigation Measures
B Location Map
C Legal Description
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OORICMNAL
EXHIBIT A
CONDITIONS OF APPROVAL
ZONE CHANGE No. 21-0196
PUBLIC WORKS
Prior to the City's approval of any construction plans associated with any development
project, subdivision, or minor land division within the ZC area, the developer must submit
the following for review and approval by the City Engineer:
a. Fully executed dedication for Fairview Rd to collector standards and S Union Ave to
arterial standards for the full frontage of the ZC area, unless previously dedicated per
map or separate instrument and unless otherwise approved by the City Engineer.
Dedications must include sufficient widths for expanded intersections and additional
areas for landscaping as directed by the City Engineer.
b. Comprehensive drainage study of the ZC area is to be submitted for approval by the
City of Bakersfield Public Works Department Subdivision section. This project site is
included in a Planned Drainage Area to drain to an existing sump. The existing storm
drain and existing sump was sized to allow R-1(C=0.29) development only. The
developer shall demonstrate that the existing storm drain and existing sump can collect
the volume of additional runoff between R-1 and C-2/M-1 created by this zone
change, or the additional runoff between R-1 and C-2/M-1 shall be retained onsite and
shall be privately maintained.
c. Sewer study, which will assure that appropriate sewer service will be provided to the
entirety of the ZC area. The developer will be responsible for the initial extension of
the sewer line to serve the ZC area. This sewer line may be sized to serve a much
larger area than the project area as directed by the City Engineer. The developer
may also form a planned sewer area to provide a mechanism for the reimbursement
of oversizing costs to the developer.
2. Prior to the recording of any final map or issuance of any certificates of occupancy for
development within the ZC area, whichever is earlier, the developer must (a) construct all
infrastructure, both public and private, within the boundary of the ZC area, including, but
not limited to, any and all boundary streets to the centerline of the street as required by
the City Engineer and (b) construct, and acquire any necessary right-of-way to construct,
any off -site infrastructure required to support development of the ZC as determined by the
City Engineer. Phasing of the construction of the required infrastructure may be allowed
by the City Engineer. Per City Council Resolution 035-13, any development within the ZC
area must comply with the City's "complete streets" policy.
3. Prior to the City's approval of any construction plans associated with any development
project, subdivision, or minor land division within the ZC area, the developer must take all
actions necessary to add the ZC area to the Consolidated Maintenance District ("CMD")
and pay all fees for inclusion in the CMD or, if the development is already within the CMD,
update the maintenance district documents as provided in Bakersfield Municipal Code
section 13.04.021 or as otherwise required by the City Engineer.
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`ORIGINAL
Exhibit "A"
Zone Change 21-0196
Page 2 of 4
4. Install traffic signal interconnect conduit and pull rope for the frontage in all arterials and
collectors.
5. Prior to the City's approval of any construction plans associated with any development
project, subdivision, or minor land division within the ZC area, the developer must
construct, or pay its proportionate share of the estimated cost to construct, the median
(currently $100 per linear foot), as determined by the City Engineer, for the arterial frontage
of the property within the ZC area.
6. Prior to the City's issuance of any building permits for construction within the ZC area, or
an earlier time established through conditions of a subsequent City -approved subsequent
development project, subdivision, or minor land division within the ZC area, the developer
must pay all development fees for the ZC area including, but not limited to, the adopted
regional traffic impact fee, local mitigation fees, any major bridge and thoroughfare
district fees, and any planned sewer and drainage area fees.
7. The project location is within the benefit area boundary of the Fairview Planned Drainage
Area (58-81). The project is subject to fees associated with this PDA.
8. Prior to issuance of building permits, the applicant/developer shall provide proof to the
Planning Division of the project's participation in the Regional Transportation Impact Fee
program.
CITY ATTORNEY
9. 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.
T
'ORICIWI4 '
Exhibit "A"
Zone Change 21-0196
Page 3of4
PLANNING
Air Quality Impact Mitigation Measures:
10. The applicant/developer shall submit documentation to the Planning Division that they
will/have met all air quality control measures and rules required by the San Joaquin Valley
Air Pollution Control District (SJVAPCD) Regulation VIII, dust control measures, that ensure
compliance during grading and construction phases. (See page 7-1 of Air Quality Impact
Analysis Fairview-S Union Zoning Change, Bakersfield, CA by Trinity Consultants, Nov. 2021)
11. The applicant/developer shall submit documentation to the Planning Division that they
will/have comply with recommended measures to reduce Equipment Exhaust as
determined by GAMAQI guidance document. (See pages 7-1 and 7-2 of Air Quality
Impact Analysis Fairview-S Union Zoning Change, Bakersfield, CA by Trinity Consultants,
Nov. 2021)
12. The applicant/developer shall submit documentation to the Planning Division that they
will/have comply with the measures to reduce project air quality impacts including the
following See page 7-2 of Air Quality Impact Analysis Fairview-S Union Zoning Change,
Bakersfield, CA by Trinity Consultants, Nov. 2021)
a. Title 24 of the Uniform Building Code to minimize total energy consumption.
b. San Joaquin Valley Air Pollution Control District's "Air Quality Attainment Plan"
(ADAP), SJVAPCD Rules, Traffic Control Measure, Regulation VIII and, Indirect Source
Rule (Rule 9510).
Biological. Resources Impact Mitigation Measures:
13. Prior to ground disturbance, the applicant/developer shall have a California Department
of Fish and Wildlife (CDFW) approved wildlife biologist ("qualified biologist") survey the
location for species (i.e., Tipton kangaroo rat, San Joaquin kit fox, San Joaquin antelope
squirrel, and Bakersfield cactus) covered under the Metropolitan Bakersfield Habitat
Conservation Plan incidental take permit for urban development and comply with the
mitigation measures of the permit. Survey protocol shall be that recommended by CDFW.
The applicant/developer shall be subject to additional mitigation measures
recommended by the qualified biologist. A copy of the survey shall be provided to the
Planning Division and wildlife agencies no more than 30 days prior to ground disturbance.
14. Prior to ground disturbance, a focused survey for burrowing owl shall be submitted to
California Department of Fish and Wildlife (CDFW) and Planning Division by the
applicant/developer. The survey shall follow the methodology developed by the
California Burrowing Owl Consortium (CBOC 1993).
If the survey results the presence of burrowing owl nests, prior to grading (including staging,
clearing, and grubbing), surveys for active nests shall be conducted by a qualified wildlife
biologist no more than 30 days prior to the start of any ground disturbance and in a
sufficient area around the work site to identify any nests that are present and to determine
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'ORIGINIAL�
Exhibit "A"
Zone Change 21-0196
Page 4 of 4
their status. A sufficient area means any nest within an area that could potentially be
affected directly and/or indirectly by the project. In addition to direct impacts, such as
nest destruction, nests might be affected by noise, vibration, odors, and movement of
workers or equipment. If the Project applicant identifies active nests, CDFW shall be notified
and recommended protocols for mitigation shall be followed, and a copy of the mitigation
protocols shall be submitted to Planning Division.
If any ground disturbing activities occur during the burrowing owl nesting season
(approximately February 1 through August 31), and potential burrowing owl burrows are
present within the project footprint, avoidance measures shall be implemented. In the
event that burrowing owls are found, the applicant/developer shall follow CDFW protocol
for mitigation and comply with the provisions of the Migratory Bird Treaty Act.
Cultural Resources Impact Mitigation Measures:
15. During construction, if human remains are discovered, further ground disturbance shall be
prohibited pursuant to California Health and Safety Code Section 7050.5. The specific
protocol, guidelines, and channels of communication outlined by the Native American
Heritage Commission, in accordance with Health and Safety Code Section 7050.5, Public
Resources Code 5097.97, and Senate Bill 447 shall be followed. In the event of the
discovery of human remains, at the direction of the county coroner, Health and Safety
Code Section 7O5O.5(c) shall guide Native American consultation.
Traffic Impact Mitigation Measures:
16. Prior to issuance of building permits, the applicant/developer shall provide proof to the
Planning Division of the project's participation in the Regional Transportation Impact Fee
Program.
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'ORIGIW,L�
ZC 21-0196 MH LEGEND -- -
M" 4 oMH C-2 ! (ZONE DISTRICTS)
EXHIBIT B " s -
`LOS NINOS MH MH r R-1 One Family Dwelling
ze
CITY OF BAKERSFIELD ; BRYANTST 6,000neFamilyDwen lot lli
R-1-4.5 One Family Dwelling
4,500 sq.ft. min lot size
R-1 R_1 M-2 E Estate
10,000 sq.ft. min lot size
-S Residential Suburban
M-2 GARDEN DR R
r 24,000 sq.ft./dwelling unit
O NEINEVI 3 R-S{)Residential Suburban
AVF RaHaello Palla �, m 1, 2.5, 5 or 10 min lot size
R-1 Elementary School ... R-2 Limited Multiple Family Dwelling
N R-1 R-1 a PRICE ST• 4,500 sq.ft. min lot size (single family)
y d z 6,000 sq.ft. min lot size (multifamily)
R-2 • 0 2,500 sq.ft. lot areo/dwelling unit
M-1 R-3 Multiple Family Dwelling
M-2 ^ 6,D00 sq.ft. min lot size
JyMSON SPERRY ST 1,250 sq.ft. lot arealdwelling unit
ST R-4 High Density Multiple Family Dwelling
KERN COUNTY 6,000 sq.ft. min lot size
600 sq.ft. lot area/dwelling unit
- FAIRVIEW RD - R R-H Residential Holding
E FAIRVIEW RD. 20 acre min lot size
-- A Agriculture
R-1 R-1 i 6,000 sq.ft. min lot size
A-20A Agriculture
GIUSEPPE :; - JUMIUCKLN - FROM: R-1 Fairview 20 acre min lot size
—LT z BURCHFIELD AVE REKLAND ElementaryPUD Planned Unit Development
TO: C-2
CD 9 ACRES PARK TT R-1R-1 q9a� R_1 _ School MHTMobilehol�ePark
•EEN MARIA - - -- - BOOMERANG DR--- •-- C-0 Professional and Administrative Office
_1J CT — C-1 Neighborhood Commercial
R-1 3 • MALIBAR AVE (-2 Regional Commercial
(-C Commercial Center
RUSSEII AVE o�ti AUSSIE AVE - C-B Central Business
PCD Planned Commercial Development
�v R-1 R-1 FROM: R-1 o Q M-1 Light Manufacturing
R-1 KINGSCROSS AVE TO: M-1 o M-2 General Manufacturing
(� M-3 Heavy Industrial
T� NY� P Automobile Parking
—v_(T ` - BUCKLEY AVE - RE Recreation
R-1 a R-1 % Z7 FUTURE Ch Church Overlay
PARK SITE R.1 ......... • • •• OS Open Space
US a R-1 R_1 HOSP Hospital Overlay
1"11
R-1
JU
EUBANKS AVE
R-1
R-1 a o
MARGE AVE - o a �� FP Architectural Design Overlay
_ U U FP•P Floadploin Primary
OS R-1 R-1 o V CHAPULTEPE(-AVE �� -. FP-S Floodplain Secondary
C-2111R.C.D. R-1 AA Airport Approach
R-1 _ R-1 z R-1 DI Drilling Island
LINNELLWAY o PE Petroleum Extraction Combining
SALAZAR AVE - ` SC Senior Citizen Overlay
R-1 R-1 R-1 R-1 _ HD Hillside Development Combining
JALPAN R-1 R_1 WM- West Ming Specific Plan
RADICCHIG AVE•- s AVE R-1 CORREGIDORA AVE
R-1 C-2111R.C.D.
R-1 ER2R-1 R-1 R_1a BAKERSFIELD
LITTLEJONN AVE• - TESS WAY � •' SABUGO T � J � CANDIA�AVE nC2 R_1 R-1
--777777— PANAMA LN E PANAMA LN
C-2 C-1 R-1 3 R-1 R-1
F Feet F
MIRAFLORES AVE C-2 - DAGENHAM CT° KIRKLEES CT R-1 0 SOO rSOO
R-1 R_1 = R-1 C-2 R-1 0
R-1 R-1 R-1 R-1
2022 02 08zc
ZONE CHANGE NO.21-0196 - EXHIBIT C
EXHIBIT "A"
CERTIFICATE OF COMPLIANCE
LEGAL DESCRIPTION
ALL THOSE PORTIONS OF LOTS 11 AND 12 OF SALES MAP NO. 1 OF LANDS OF J.B.
HAGGIN OF SECTION 19, TOWNSHIP 30 SOUTH, RANGE :28 EAST, MOUNT DIABLO
MERIDIAN FILED MAY 3,1889 IN THE OFFICE OF THE KERN COUNTY RECORDER BEING
LOCATED IN THE CITY OF BAKERSFIELD, KERN COUNTY, CALIFORNIA MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL 1
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 11, THENCE SOUTH 0036'54"
WEST ALONG THE EAST LINE OF SAID LOT, 660.74 FEET, TO THE SOUTHEAST CORNER
THEREOF; THENCE NORTH 89'30'56" WEST ALONG THE SOUTH LINE OF SAID LOT, 732.42
FEET TO A POINT ON THE EAST LINE OF TRACT NO. 6209, PHASE 1 RECORDED IN MAP
BOOK 55 AT PAGES 11 AND 12 IN THE KERN COUNTY RECORDER'S OFFICE; THENCE
NORTH 0036' 12" EAST .ALONG SAID EAST LINE., 660.76 FEET TO A POINT ON THE NORTH
LINE OF SAID LOT; THENCE SOUTH 8T30'50" EAST ALONG SAID NORTH LINE, 732.50 FEET
TO THE POINT OF BEGINNING.
CONTAINING 11.11 ACRES, MORE OR LESS
PARCEL 2
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 12, THENCE NORTH 89'31'03"
WEST ALONG THE SOUTH LINE OF SAID LOT, 732.29 FEET TO THE SOUTHEAST CORNER
OF TRACT NO. 6209, PHASE 4 RECORDED IN MAP BOOK .61 AT PAGES 90 AND 91 IN THE
KERN COUNTY RECORDER'S OFFICE; THENCE NORTH 0°36' 12" EAST ALONG THE EAST
LINE OF SAID TRACT AND NORTHERLY EXTENSION THEREOF,. 660.76 FEET TO A .POINT
ON THE NORTH LINE OF SAID LOT 12; THENCE SOUTH 89'30'56" EAST ALONG SAID
NORTH LINE, 732.42 FEET TO THE NORTHEAST CORNER OF SAID LOT 12-, THENCE SOUTH
0036'54" WEST ALONG THE EAST LINE OF SAID LOT, 660.74 FEET TO THE POINT OF
BEGINNING.
CONTAINING 11.11 ACRES, MORE OR LESS
661-834-4814 • 661-834-0972
2001 Wheelan Court • Bakersfield, CA 93309
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P:IPROJECTSI21008.00-PALLASWC1Legals\Certificate of Compliance Legal Description.docx JKD 042021
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'ZONE CHANGE NO.21-0196 - EXHIBF C
EXHIBIT "'B"
PLAT FOR CERTIFICATE OF COMPLIANCE
C/L FAIRVIEW ROAD
N. LINE. LOT 11
N. LINE SE 1 /4 ROGER A. McINTOSH, LS 4383 DATE
_SEC. 19 30/28 � � 9 t" �
E 1 /4 COR. SEC.19
& NE COR. LOT 11
439� �P
SURVEYOR
II McINTOSH & ASSOCIATES
m 2001 WHEELAN COURT
r- (PORTION OF LOT 11) ^ BAKERSFIELD, CA 93309
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I PHONE: 661-834-4814
PARCEL 1 to CONTACT: ROGER A. McINTOSH
M 11.11 AC. I I00
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w N89 30'56"W 732.42' ",
N 0 V) V)
N M S. LINE LOT 11 CD Z I0 't
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Li o. NE COR. LOT 12 0
Ox Z I NIOLLJ
ZLi
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o (PORTION OF LOT 12) o w
0 PARCEL 2 I I BASIS OF BEARINGS:
`-' THE BEARING OF N89'30'50"W
11.11 AC.
I SHOWN FOR THE CENTERLINE OF
FAIRVIEW ROAD PER TRACT NO.
I 1531.0 — 2 RECORDED IN MAP BK.
40 AT PG. 164 WAS TAKEN FOR
THE BASIS OF BEARINGS SHOWN
SE COR. LOT 12 I I ON THIS MAP.
S. LINE LOT 12 I
N89'31'03"W 732.29'
PORTION OF SALES MAP NO. 1 OF LANDS OF
J.B. HAGGIN OF SEC. 19, T. 30 S., R. 28 E., M.D.M. SCALE: 1" = 200'
JOB NO.21-008
M- clwm RALPH M. PALLA SURVIVORS TRUST DATE: 4-20-21
PORTION LOTS 11 & 12 SALES MAP N0.1 FILE N0. 21-008 PALLA
DONE BY. JKD
amt M*MM� aum�, u � (ram) ax-+ei� CERTIFICATE OF COMPLIANCE SHEET 1 OF 1
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'ORIGINPIL
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern )
JULIE DRIMAKIS, 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 3rd day of June, 2022 she posted on the Bulletin Board at City Hall, a
full, true and correct copy of the following: Ordinance No. 5096, passed by the
Bakersfield City Council at a meeting held on the 1st day of June, 2022 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 SOUTHWEST CORNER OF
FAIRVIEW ROAD AND SOUTH UNION AVENUE. (ZC NO. 21-0196)
JULIE DRIMAKIS, MMC
City Clerk.and Ex Officio of the
Council: of the City -of Bakersfield
DiW� 1 � J.' r <A&
7 Clerk
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