HomeMy WebLinkAboutORD NO 4224ORDINANCE NO. 4 ~ 2 4
AN ORDINANCE UPHOLDING AN APPEAL, APPROVING A
NEGATIVE DECLARATION, AND APPROVING THE
PROPOSED AMENDMENT OF TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE TO ELIMINATE CONDITION
NOS. B.I. AND B.2. OF EXHIBIT C IN ORDINANCE NO. 4165
THAT REQUIRE A PEDESTRIAN BRIDGE OVER THE KERN
RIVER CANAL AND IMPROVED PEDESTRIAN PATH AND
ACCESS EASEMENT FROM LOUGHTON AVENUE TO
STOCKDALE HIGHWAY, LOCATED AT THE SOUTHEAST
CORNER OF STOCKDALE HIGHWAY AND BUENA VISTA
ROAD (FILE# ZC 04-0885).
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 to eliminate Condition Numbers B.1. and B.2. of Exhibit C in Ordinance No. 4165,
as shown in Exhibit "A" that require a pedestrian bridge over the Kern River Canal and
improved pedestrian path and access easement from Loughton Avenue to Stockdale Highway;
and
WHEREAS, for the above-described proposal, an Initial Study was conducted and it was
determined that the proposed project would not have a significant effect on the environment,
and, therefore, a Negative Declaration with mitigation measures was prepared and posted on
August 16, 2004, in accordance with CEQA; and
WHEREAS, the law and regulations relating to the preparation and adoption of Negative
Declarations, as set forth in CEQA and the City of Bakersfield's CEQA Implementation
Procedures, have been duly followed by city staff, the Planning Commission, and this Council;
and
WHEREAS, by Resolution No. 137-04 on September 23, 2004, the Planning
Commission denied Zone Change No. 04-0885, and this Council has fully considered the
Planning Commission's recommendation as set forth in that Resolution; and
WHEREAS, Mclntosh and Associates, on behalf of Basil Zuniga, Lucas Dobrzanski, and
Castle and Cooke California, Inc., appealed the Planning Commission's denial of the project;
and
WHEREAS, the City Council has considered and hereby makes the following findings:
1. All above recitals are true and correct.
2. The provisions of the California Environmental Quality Act have been met.
The proposed project would not have a significant effect on the
environment.
Based on the absence of evidence in the record as required by Section 21082.2
of the State of California Public Resources Code (CEQA) for the purpose of
documenting significant effects, it is the conclusion of the Lead Agency that this
project will result in impacts that fall below the threshold of significance with
regard to wildlife resources and, therefore, must be granted a "de minimis"
exemption in accordance with Section 711.4 of the State of California
1
ORIGINAL
Department of Fish and Game Code. Additionally, the assumption of adverse
effect is rebutted by the above-reference absence of evidence in the record and
the Lead Agency's decision to prepare a Negative Declaration for this project.
SECTION 1.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as
follows:
The above recitals and findings are true and correct and constitute the Findings
of the Council, incorporated herein.
2. The appeal is hereby upheld.
3. The Negative Declaration for Zone Change No. 04-0885 is hereby adopted.
The proposed amendment to eliminate Condition Numbers B.1. and B.2. of
Exhibit C in Ordinance No. 4165, as shown in Exhibit "A", which require a
pedestrian bridge over the Kern River Canal and improved pedestrian path and
access easement from Loughton Avenue to Stockdale Highway, is hereby
approved.
SECTION 2.
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.
......... o0o .........
I 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 November 17, 2004, by
the following vote:
~ COUNCIL MEMBER
ABSTAIN: COUNCIL MEMBER
ABSENT: COUNCIL MEMBER
COUNCIL MEMBER BENHAM, CARSON, COUCH, HANSON, MACGARD, SALVAGGIO, SULLIVAN
APPROVEI
Mayor
PAMELA A. McCAR'I~H~', CMC u
CiTY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED AS/T'~O FORM:
VIRGINIA O .~/N'ARO
Exhibit Attached:
Exhibit A - Condition Numbers B,1. and B.2. of Exhibit C in
Ordinance No. 4165
ORIGINA~
EXHIBIT A
EXHIBIT C
ZONE CHANGE NO. 03-0745
CONDITIONS OF APPROVAL
A.)
8.)
TRANSPORTATION CONDITIONS:
A detailed tdp generation analysis was submitted showing a reduction in
trip generation from previous entitlements. The LR to HR parcel is within
the 'South of Brimhall" EIR development area. The analysis satisfactorily
demonstrates that the total trip generation for the entire study area,
considering both developed portions and remaining undeveloped pe~lions,
is less than provided for in the EIR. Mitigation measures and impact fees
established through the EIR process are therefore still adequate.
The analysis for the HR to OC parcel shows there will be a reduction in PM
peak trips; therefore, the higher allowable density is accounted for in the
Transportation Impact Fee program, which provides full mitigation.
Therefore, because this change would constitute a reduction in trip
generation, the mitigation provided for in the fee program will provide
adequate mitigation.
Based on the analysis, the development is to be subject to the appropriate
fees and mitigation measures in effect at time of development.
2.)
Access to the arterial and collector streets will be limited and determined at
time of division or development. Determination of whether a right turn lane
is required at the access street(s) or openings will also be made at the time
of division or development.
3.) A full access opening onto arterials will only be considered if the developer:
a) Funds and installs a traffic signal at the proposed opening.
b)
Requests formation of a traffic signal maintenance distdct and pays
all costs for creating said district.
c)
Submits a signal synchronization study for review and approval,
which shows progression is not adversely affected.
OFFI(~E (~QMMERCIAL ~ITE (~ONDITIQN~:
Prior to issuance of any grading or building permit, the developer shall
provide the following:
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GIN ~
ORIGINAL
a)
Detailed plans for constructing a minimum eight (8) foot wide
pedestrian bridge across the Kern River Canal at the location
idenffled in Tract No. 5426 - Phase B. The pedestrian bridge shall
align with the ten (10) foot wide pedestrian access easement
recorded on Tract No. 5426 - Phase B at the end of Loughton
Avenue. The detailed construction plans shall be approved by the
City of Bakersfield Public Works Department, Building Department,
Planning Department, and Water Resources Department.
b)
Detailed plans for the treatment of the existing ten (10) foot wide
pedestrian access easement from the end of Loughton Avenue to
the required pedestrian bddge on the Kern River Canal. The
detailed plans shall be approved by lhe City of Bakersfield Public
Works Department, Building Department, Planning Department,
and Water Resources Department.
c)
Detailed plans for the treatment of a ten (10) foot wide pedestrian
access easement from the required pedestrian bridge on the Kern
River Canal to the right-of-way line of Stockdale Highway. The
detailed plans shall be approved by the City of Bakersfield Public
Works Department, Building Depadment, Planning Department,
and Water Resources Department.
~) d)
Grant to the City of Bakersfield, a ten (10) foot wide pedestrian
access easement from the required pedestrian bddge on the Kern
River Canal to the right-of-way line of Stcckdale Highway.
2.)
Prior to issuance of a certificate of occupancy for any development on the
OC/C-O site at the southeast corner of Stockdale Highway and Buena
Vista Road, the developer shall construCt and complete the following:
a)
A minimum eight (8) foot wide pedestrian bridge across the Kern
River Canal at the location identfied in Tract No. 5426 - Phase B.
The pedestrian bddge shall align with the ten (10) foot wide
pedestrian access easement recorded on Tract No. 5426 - Phase
B at the end of Loughton Avenue.
b)
The pedestrian access from Loughton Avenue to the pedestrian
bridge on the Kern River Canal at the location idenffied in Tract No.
5426 - Phase B.
> c)
The pedestrian access from the pedestrian bridge on the Kern
River Canal to the right-of-way line of Stockdale Highway.
3.) Lighting/Glare:
a)
The developer shall design extedor elevations and facades with
minimum use of glazing, mirrors and reflective materials or colors.
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SS,
County of Kern )
PAMELA A. McCARTHY, being duly swom, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 18th day of November, 2004 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4224, passed by the
Bakersfield City Council at a meeting held on the 17th day of November, 2004 and
entitled:
AN ORDINANCE UPHOLDING AN APPEAL,
APPROVING A NEGATIVE DECLARATION, AND
APPROVING THE PROPOSED AMENDMENT OF TITLE
SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE
TO ELIMINATE CONDITION NOS. B.I. AND B.2. OF
EXHIBIT C IN ORDINANCE NO. 4165 THAT REQUIRE A
PEDESTRIAN BRIDGE OVER THE KERN RIVER CANAL
AND IMPROVED PEDESTRIAN PATH AND ACCESS
EASEMENT FROM LOUGHTON AVENUE TO
STOCKDALE HIGHWAY, LOCATED AT THE
SOUTHEAST CORNER OF STOCKDALE HIGHWAY AND
BUENA VISTA ROAD (FILE # ZC 04-0885).
/s/PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
(J DEPUT~' City Clerk
ORiGiNAL