HomeMy WebLinkAboutORD NO 4240ORDINANCE NO. '4 ~ 4'1)
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND ZONING
MAP NO. 123-25 BY CHANGING THE ZONING FROM A
(AGRICULTURE) TO C-2 (REGIONAL COMMERCIAL)
ZONE ON 14.95 ACRES LOCATED NORTH OF
HOSKING AVENUE, GENERALLY WEST OF STATE
ROUTE 99 (ZC 04-1322). (Ward 7)
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 SUSAN LUCAS, the property owner to change the land use zoning
of those certain property in the City of Bakersfield located north of Hosking Avenue,
generally west of State Route 99; and
WHEREAS, by Resolution No. 180-04 on December 9, 2004, 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 hearing, 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 A (Agriculture) 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
November 1, 2004, 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.
All required notices have been given.
10.
11.
12.
13.
The provisions of the California 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 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 14.95
acres located north of Hosking Avenue, generally west of State Route 99.
The project site, with prior approval of General Plan Amendment No. 04-
1322, 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. 04-1322.
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. 04-1322.
That the applicant by prior agreement agreed to comply with all adopted
mitigation measures contained within the Negative Declaration for this
project.
That Zone Change No. 04-1322 is hereby approved as recommended by
staff with mitigation measures adopted in the Negative Declaration.
That Section 17.06.020 (Zoning Map) of the Municipal Code of the City of
Bakersfield be amended by changing the land use zoning from A
(Agriculture) to C-2 (Regional Commercial) zone on 14.95 acres on Map No.
123-25, of that certain property being annexed to the City of Bakersfield as
herein attached.
That Zone Change No. 04-1322, as outlined above, is hereby recommended
for approval with mitigation and conditions of approval shown on Exhibit "A",
subject to prior approval of General Plan Amendment No. 04-1322.
SECTION 1.
2
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.
2. 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 prior approval of General Plan
Amendment No. 04-1322.
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 ........
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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 MAR ~ 0 2013~;
by
the
following
vote:
~ COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
PAMELA A. McCARTHY, ClVI~
CITY CLERK and Ex Officio Cqerk of the
Council of the City of Bakersfield
APPROVED
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
Attachments: Exhibit A - Conditions of Approval
Exhibit B - Map
Exhibit C - Legal Description
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EXHIBIT A
Conditions of Approvsl
Genersl Plsn Amendment/Zone Change No. 04-1322
The applicant/developer of the project site shall submit documentation to the Planning
Department, prior to issuance of any building permit, indicating that they shall meet/have met
the San Joaquin Valley Unified Air Pollution Control Distdct requirements. (Mitigation
Measure).
No cultural resourcas are discovered during project activities, all work shall halt in the area of
the find. A qualified professional amhaeologist shall be called in to evaluate the findings and
make the appropriate recommendations. The recommendations shall be done by the
applicant/developer pdor to commencing with the development. (Mitigation Measure).
The developer of the project site shall be required to pay into the adopted Regional Traffic
Impact Fee fixed rate program. The fee program improvements mitigate impacts of the
existing densities and therefore, will do so due to the minor increase. (Mitigation Measure).
If human remains are discovered or identified on the project site at any time or dudng site
disturbance, work shall stop at the location of the find and the Kem County Coroner shall be
notified immediately (Section 7050.5 of the California Health and Safety Code and Section
5097.98 of the California Public Resources Code which detail the appropriate actions
necessary for addressing the find) and the local Native Amedcan community shall be notified
immediately. (Mitigation Measure).
Public Works Conditions:
With the submittal of any development plan, tentative subdivision map, or application for a
lot line adjustment, the following shall occur.
Provide fully executed dedication for Hosking Avenue to artedal standards for
the full frontages of the area within the GPA request. 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.
Submit verify 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.
Submit a comprehensive drainage study. Site any drainage retention facility on
the periphery of the GPA area to facilitate future expansion or consolidation of
drainage facilities as adjacent areas develops. The study shall be approved
and any retention sites and piping systems shall be dedicated to the City.
As there will be a future southbound on-ramp to Highway 99, Hughes Lane alignment is
relocated to the west. The realignment shall be per the plans submitted on Tract 6353.
Access to Hosking Avenue shall be limited. A full access shall only be allowed at Hughes
Lane. Other access to Hosking Avenue shall be determined at time of division or
development. Determination of whether a right turn lane is required at the access street(s)
Exhibit A
Conditions of Approval
GPA/ZC 04-1322
Page 2
will also be made at the time of division or development.
With the future interchange at SR9 and Hosking Avenue, Caltrans standards will not allow
the connection of a public street to Hosking Avenue within the frontage of the GPA area. A
driveway will be allowed within the frontage of the GPA area but must be a minimum of 100'
from the end of the westedy curb retum of the southbound SR 99 off-ramp. Due to the
limitation for locating this driveway, the proximity of the GPA area to Hughes Lane, and City
standards for major intersections, there is inadequate storage area for a median opening to
allow a left-turn into a ddveway into the GPA area and thus will not be allowed,
General Plan AmendmentJSpecific Plan Line 04-1258 for the interchange boundary was
adopted by the City Council on November 17, 2004. The portion of the interchange within
the GPA area will be reserved for acquisition by the City for the interchange project. This
acquisition will be based on a fair-market value appraisal performed by an appraiser
acceptable to the City, and the appraisal will be based on the area's current land value using
the area's existing general plan designation and zoning. This acquisition will be completed
prior to development within the GPA area or within one year from the date of approval of this
GPA, whichever occurs first.
The entire area covered by this General Plan Amendment shall be included in the
Consolidated Maintenance District. The applicant shall pay all fees for inclusion in the
Consolidate Maintenance Distdct with submittal of any development plan, tentative
subdivision map, Site Plan Review, or application for a lot line adjustment for any portion of
this GPA area.
9. Traffic Comments
A traffic analysis dated October 13, 2004 was prepared by TPG Consultants justifying that
no detailed traffic study is required was found to be acceptable. The analysis accounted for
GC area lost with the acquisition of the Hosking Avenue interchange right of way. The
analysis shows the change will result in a decrease in potential tdp generation (182 PM peak
hour tdps reduction).
The higher allowable tdp generation is accounted for in the Transportation Impact Fee
program, which provides full mitigation. Therefore, since this change would constitute a
reduction in potential tdp generation the mitigation improvements provided for in the fee
program will provide adequate mitigation. Consequently no traffic impact study would be
necessary. We recommend that the development be required to pay into the adopted
Regional Traffic Impact Fee fixed rate program.
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ZONE CHANGE 04-1322
ZONING MAP l~
EXHIBIT "C"
LEGAL DESCRIPTION OF
SUSAN LUCAS ZONE CHANGE IN THE
SOUTH HALF OF SECTION 25, TOWNSHIP 30 SOUTH, RANGE 27 EAST, M.D.M.,
CITY OF BAKERSFIELD, KERN COUNTY, CALIFORNIA
PARCEL WA" OF PARCEL MAP NO 4351 RECORDED DECEMBER 22, 1977 IN PARCEL
MAP BOOK 19 AT PAGE 188 IN THE OFFICE OF THE KERN COUNTY RECORDER.
CONTAINING 14.95 ACRES, MORE OR LESS.
DELMARTER AND DEIFEL
P.L.S. 5275 Expires: 12-31-2005 ,
No. 5275
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 31st day of March ,2005 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4240 , passed by the
Bakersfield City Council at a meeting held on the 30th day of March, 2005 and
entitled:
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO.
123-25 BY CHANGING THE ZONING FROM A (AGRICULTURE)
TO C-2 (REGIONAL COMMERCIAL) ZONE 14.95 ACRES LOCATED
NORTH OF HOSKING AVENUE, GENERALLY WEST OF STATE
ROUTE 99 (ZC 04-1322). (Ward 7)
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
DEPUTY Ci~ Clerk
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