HomeMy WebLinkAboutORD NO 4161ORDINANCE NO. 4 I 6 I
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO.
102-20 BY CHANGING THE ZONING FROM PCD (PLANNED
COMMERCIAL DEVELOPMENT) TO C-2 (REGIONAL
COMMERCIAL) ZONE ON 16.86 ACRES LOCATED AT THE
NORTHWEST CORNER OF COFFEE ROAD AND GRANITE
FALLS DRIVE. (GPA 03-0774) (Ward 4).
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 by Gregory D. Bynum for Granite Falls, LLC to change the land use zoning of those certain
property in the City of Bakersfield located at the northwest comer of Coffee Road and Granite Falls
Drive.
WHEREAS, by Resolution No. 141-03 on October 2, 2003, the Planning Commission
recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to
approve C-2 (Regional Commercial) zone as delineated on attached map marked Exhibit "B", and
this Council has fully considered the recommendations made by the Planning Commission as set
forth in that Resolution; and
WHEREAS, the Planning Commission, as a result of said headng, did make several general
and specific findings of fact which warranted a negative declaration of environmental impact and
changes in zoning of the subject property from PCD (Planned Commercial Development) to C-2
(Regional Commercial) zone and the Council has considered said findings and all appear to be true
and correct; 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, the Planning Commission and this Council; and
WHEREAS, a Negative Declaration for the proposal was advertised and posted on August
15, 2003, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows commercial development; and
WHEREAS, the City Council has considered and hereby makes the following findings:
The above recitals and findings are true and correct and constitute the findings of the
Planning Commission in this matter.
2. All required notices have been given.
The provisions of the Califomia Environmental Quality Act (CEQA) have been
followed.
Based on the initial study and comments received, staff has determined that the
proposed project could not have a significant effect on the environment. A Negative
Declaration was prepared and sent to responsible agencies and property owners
within 300 feet of the project site. A Negative Declaration was prepared for this
ORIGINAL
project in accordance with CEQA.
The public necessity, general welfare and good zoning practice justify the
recommended change of zone to C-2 (Regional Commercial) zone on 16.86 acres
located at the northwest comer of Granite Falls Ddve and Coffee Road.
The project site, with pdor approval of General Plan Amendment No. 03-0774, is
designated GC (General Commercial) on the Metropolitan Bakersfield General Plan
Land Use Plan.
The recommended zone change will reflect the previously adopted General Plan
Amendment No. 03-0774.
8. The recommended zone change is compatible with the surrounding uses.
The recommended zone change is consistent with the Metropolitan Bakersfield
General Plan, subject to prior approval of General Plan Amendment No. 03-0774.
10.
That the applicant by prior agreement agreed to comply with all adopted mitigation
measures contained within the Negative Declaration for this project.
11.
That Zone Change No. 03-0774 is hereby approved as recommended by staffwith
mitigation measures adopted in the Negative Declaration.
12.
That Section 17.06.020 (Zoning Map) of the Municipal Code of the City of
Bakersfield be amended by changing the land use zoning to C-2 (Regional
Commercial) zone on 16.68 acres on Map No. 102-20, of that certain property being
annexed to the City of Bakersfield as described in Exhibit 'C" herein attached.
13.
That Zone Change No. 03-0774, as outlined above, is hereby recommended for
approval with mitigation and conditions of approval shown on Exhibit "A", subject to
pdor approval of General Plan Amendment No. 03-0774.
SECTION 1.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows:
1. All of the foregoing recitals are hereby found to be true and correct.
The Negative Declaration is hereby approved and adopted.
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 in the City, the boundaries of which property is shown on the map marked
Exhibit "B" attached hereto and made a part hereof, and are more specifically
described in attached Exhibit "C".
Such zone change is hereby made subject to the conditions of approval listed in
attached Exhibit "A", and subject to pdor approval of General Plan Amendment No.
03-0774.
SECTION 2.
2
ORIGINAL
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 ........
I HEREBY CERTIFY that the foregoing Ordinance was pas_s..e,.d a.n(;[ a~ed by the Council
of the City of Bakerstield at a regular meeting thereof held on UI-U '1 U /_uu.~ , by the
following vote:
~ COUNClLMEMBER COUCH, CARSON. BENHAM. MAGGARD, HANSON, SULLIVAN. SALVAGGIO
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
PAMELA A. McCARTHY, Clt~
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED DEC 1 0 2003
MAYOR ofih
APPROVED as to form:
VIRGINIA GENNARO
City Attomey
Attachments: Exhibit A - Conditions of Approval
Exhibit B - Map
Exhibit C - Legal Description
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S:~GPA 3rd 2003\03q)774~ResolutJons~ozc-cc,doc
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ORIGINAL
EXHIBIT A
Conditions of Approval
ORIGINAL
EXHIBIT A
Conditions of Approval
General Plan Amendment I
Zone Change /
RiverLakes Ranch Specific Plan Amendment
No. 03-0774
Any site plan review for the project site shall have the requirement for public notice to
property owners 300' from the project site. (Planning Commission Condition).
If human remains are discovered at any time on the project site, work shall halt and the
Kern County Coroner shall be notified immediately (Section 7050.5 of the Health and
Safety Code) and the local Native Amedcan community, shall be notified. (Mitigation
Measure).
The City of Bakersfield Water Resources Department's normal fire protection service
flows are 2500 gallons per minute (g.p.m.). In certain areas and in certain zoning, fire
flow requirements (as determined by the City and/or County Fire Department) are in
excess of the 2500 g.p.m, limit. Fire flow requirements in excess of 2500 g.p.m, shall
require developer fees of $0.50 per g.p.m, per acre in excess of 2500 g.p.m, or
equivalent facilities. (Mitigation Measure).
Prior to filing a final tractJparcel map, the developer/owner shall record a covenant for
each lot in the subdivision prohibiting the export of groundwater from the subdivision
except by the water purveyor that is serving the subdivision. The individual property
owner is not restricted from using the groundwater under their land for use on their
overlying subdivided land. (Mitigation Measure).
City fees for inspection of installation of water facilities are currently calculated at four
percent (4%) of the estimated construction costs of the in-tract water facilities. In
addition, a $10.00 meter installation fee for each service will be assessed for two inch
(2") and less in size. The inspection fees are due and payable to the City by the land
owner/developer within thirty (30) days of invoice. (Mitigation Measure).
Pdor to final recordation of the map for the subdivision, water availability fees for water
service facilities are due and payable. Fees are authorized by the Bakersfield
Municipal Code 14.04.120 0 and set by the City of Bakersfield Water Board with
concurrence of the Bakersfield City Council. (Mitigation Measure).
ORIGINAL
EXHIBIT A
Conditions of Approval
GPNZC/RRSPA No. 03-0774
Page 2
o
10.
11.
12.
All water mains, service connections, and fire hydrants shall be installed by developer
and dedicated to the City of Bakersfield. Plans and specifications for such water mains
and appurtenances shall be prepared by or approval of plans for installation shall be to
the City of Bakersfield. All improvements must be installed or bonded for prior to the
City issuing a letter guaranteeing a water supply. (Mitigation Measure).
If archaeological resources are encountered during the course of construction, a
qualified archaeologist shall be consulted for further evaluation. (Mitigation Measure).
Establish a reciprocal access easement prior to issuance of any building permit across
the subject site from either Coffee Road or Granite Falls Drive to any parcel that does
not have street frontage. (Condition).
Prior to the issuance of a building permit or the recordation of a final map on the project
site, whichever occurs first, the developer shall install a six (6) foot high chainlink fence
along both sides of the Calloway Canal. The developer shall comply with the
Agreement entered into between the North Kern Water Storage Distdct and the
RiverLakes Ranch Limited Partnership, recorded September 29, 1993 (Book 6914,
Page 2466). The developer shall also, obtain and comply with the fencing permit
issued by the Friant Water Users Authority. All fencing must be installed and may not
be secured or bonded. (Condition).
Development within the General Plan AmendmentJZone Change area shall be required
to pay into the adopted Regional Transportation Impact Fee program. The fee program
improvements mitigate impacts of the existing densities. (Public Works Condition).
Development on the site shall be subject to all applicable previous General Plan
Amendment/Zone Change and RiverLakes Ranch Specific Plan Amendment
requirements. (Condition).
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ORIGINAL
EXHIBIT B
Location Map
ORIGINAL
ORIGI~IAI
EXHIBIT C
Legal Description
Parcels 1 thru S and 7 of Parcel Map No. 10,552 Phase 2, in the City of
Bakersf~e]d, County of Kern, State of California, as per Map recorded January
28, 2000 in Book 5], Pages 9 and 10 of Parcel Maps, in the Office of the County
Recorder of said County.
EXCEPT all oil, gas and other minerals contained within the property hereinabove
described, whether now known to exist or hereafter discovered; all oil, gas and
other mineral rights belonging or appertaining to said property; the exclusive
right to prospect for, drill for, produce, mine, extract and remove oil, gas and
other minerals upon], from and through said property; the exclusive right to
inject in, store under and thereafter withdraw from said property oil, gas and
other minerals and products thereof whether produced from said property or
elsewhere; the exclusive right to drill and operate whatever wells, construct,
operate, maintain and remove whatever other facilities and do whatever else may
be reasonably necessary on and in said property for the full enjoyment and
exercise of the rights so excepted and resern/ed; and the unrestricted right of
ingress to and egress from said property for all such purposes; but Grantor and
its successors and assigns, shall compensate Grantee and its successors and
assigns, upon demand, for any and all damages caused to improvements and growing
crops upon said property by the enjoyment or exercise of the rights so excepted
and reserved; as reserved by KERN COUNTY IJtND COMPAi~Y, a Delaware corporation,
in deed recorded March 13, 1969 in Book 4256, Page 762 of official Records and
re-recorded March 28, 1969 in Book 4261, Page 402 of Official Records~
By "Quitclaim Deed" recorded November 20, 1998 as Document No. 0198162362 of
Official Records, all right of surface access, drilling, exploration and
development from the surface of said land to a subsurface depth of 500 feet was
quitclaimed.
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SS.
County of Kern )
PAMELA A. McCARTHY, 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 12th day of December , 2003 she posted on the Bulletin Board at
City Hall, a full, true and correct copy of the following: Ordinance No. 4161, passed by
10th dayof December2003
the Bakersfield City Council at a meeting held on the
and entitled:
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND ZONING
MAP NO. 102-20 BY CHANGING THE ZONING FROM
PCD (PLANNED COMMERCIAL DEVELOPMENT) TO C-2
(REGIONAL COMMERCIAL) ZONE ON 16.88 ACRES
LOCATED AT THE NORTHWEST CORNER OF COFFEE
ROAD AND GRANITE FALLS DRIVE. (GPA 03-0774)
(WARD 4)
/s/PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
By:~......~).~.---. ~ City Clerk