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HomeMy WebLinkAboutORD NO 4337 ORDINANCE NO. 1'S31 AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO. 103-24) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM A R-1 (ONE FAMILY DWELLING) ZONE TO A C-2/PCD (C-2 (REGIONAL COMMERCIAU PLANNED COMMERCIAL DEVELOPMENT) ZONE ON 15.9+1- ACRES GENERALLY LOCATED AT THE SOUTHWEST CORNER OF STATE ROUTE 178 AND MORNING DRIVE (File # 05-1381). 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 change the land use zoning of those certain properties in the City of Bakersfield generally located at the southwest corner of State Route 178 and Morning Drive (future) (Exhibit "B"), WHEREAS, by Resolution NO.22-06 on January 19, 2006, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change # 05-1381 as delineated on attached Zoning Map No. 103-24 marked Exhibit "C", by this Council and this Council has fully considered the recommendations made by the Planning Commission as set forth in that Resolution; and WHEREAS, the zone change consists of a request to change the zoning from an R-1 (One Family Dwelling) zone to a C-2/PCD (C-2 (Regional Commerciall Planned Commercial Development) zone on 15.9+1- acres to allow commercial development; 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 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, Planning Commission and this Council; and WHEREAS, a Negative Declaration was advertised and posted on December 23, 2006, in accordance with CEQA; and WHEREAS, in accordance with CEQA Guidelines, the initial study and proposed Negative Declaration were submitted to the State Clearinghouse for a minimum 30-day review commencing December 7,2005 and ended on January 5,2006 (SCH # 2005121032); and WHEREAS, the general plan designation for this area allows commercial development; and -1 - «. ~M<%o () <¿;., )..., ^ m - r- :J C;) "QIr,INAl findings: safety. WHEREAS, the City Council has considered and hereby makes the following 1. All required public notices have been given 2. The provisions of the California Environmental Quality Act (CEQA) have been followed. 3. 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 of the State of California Fish and Game Code. Additionally, the assumption of adverse effect is rebutted by the above-referenced absence of evidence in the record and the Lead Agency's decision to prepare a Negative Declaration for this project. 4. The public necessity, general welfare and good zoning practice justify the requested change of zone from the existing zoning district to a C-2/PCD zone. 5. The overall design of the project, as conditioned, is consistent with the goals and policies of all elements of the general plan. 6. The conditions of approval, attached hereto as Exhibit "A" are needed to provide for orderly development, and the public health, welfare and safety; and 7. Pursuant to BMC Section 17.54.070, find that: A. The proposed planned commercial development zone and preliminary development plan is consistent with the General Plan and objectives of this ordinance. B. The proposed development will constitute a commercial environment of sustained desirability and stability, and it will compliment and harmonize with the character of the surrounding neighborhood and community. C. The proposed development justifies exceptions from the normal application of this code in that it integrates such elements as the location of structures, circulation pattem, parking, landscaping and utilities, together with a program for provision, operation and maintenance of all areas, improvements, facilities and services provided on the property. 8. That the conditions of approval are necessary for the public health, welfare and - 2 - ~ 'iJAK~.» () ~ :: m r- 'J D '")'1Ir,INAL 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. 2. The Negative Declaration is hereby approved and adopted. 3. 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 said City, the boundaries of which property is shown on Zoning Map. NO.1 03-24 marked Exhibit ·C· attached hereto and made a part hereof, and are more specifically described in attached Exhibit "D ". 4. Such zone change is hereby made subject to the conditions of approval listed in attached Exhibit "A". 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. ---------()()()--------- - 3 - (, 'òi'IK£.f d' ~ >- ñi r- r- Õ D f')RIr;\NAI 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 2 2 2006 by the following vote: .~ NOES: I\BSTAIN: < ._~SENI:) y/ v v v- v-- COUNCILMEMBER COUCH, CARSON. BENHAM, MAGGARD. HANSON. SULLIVAN. SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER ('~ co.. \)b"-,,,-~ , PAMELA A. McCARTHY, C CITY CLERK and Ex Officio erk of the Council of the City of Bakersfield APPROVED MAR 22 2006 APPROVED as to form VIRGINIA GENNARO City Attorney . ) (/ By: !vf;Ú1./v(;7!1 . '"j/¿v4 j .j Exhibits: A. Conditions. B. Location Map. C. Zone Map D Legal Description Jeng \ S:\ZoneChange\05-1381\CC\OlC-CC.DOC February 13, 2006 - 4 - «. 'òMt1 () ~ >- ííí ':::: r- ù ö mUGINAL EXHIBIT "A" CONDITIONS OF APPROVAL ZONE CHANGE # 05-1381 PUBLIC WORKS 1. Prior to approval of any development plan, improvement plan, or application for a lot line adjustment, the following shall occur: a. Provide fully executed dedication for SR 178 to freeway standards and Morning Drive to State Route standards for the full frontage of the area within the Zone Change (ZC) request. Dedications shall include sufficient widths for expanded intersections, off and on ramps, slope easements and additional areas for landscaping as directed by the City Engineer. Submit a current title report with the dedication documents. If a tentative subdivision map over the entire ZC area is submitted, dedication can be provided with the map. A reservation is acceptable for those portions of right-of-way within the adopted Specific Plan Line for Morning Drive Interchange (Resolution # 292-04). b. Sewer service must be provided to the ZC area. The developer shall be responsible for the initial extension of the sewer line to serve the property. This sewer line must necessarily be sized to serve a much larger area that the project area. The City is willing to aid the developer in the formation of a Planned Sewer Area and/or an Assessment District to provide a mechanism for the reimbursement of oversizing costs to the developer. c. In order to preserve the permeability of the sump and to prevent thè introduction of sediments from construction or from storm events, all retention and detention basins (sumps) shall have a mechanical device in the storm drain system to remove or minimize the introduction of oil, grease, trash, and sediments to the sump. This device shall be reviewed and approved by the City Engineer, and shall provide the greatest benefit to the storm drain system with the least maintenance cost. 2. ¡he entire area covered by this Zone Change shall be included in the Consolidated Maintenance District. The applicant shall pay all fees for inclusion in the Consolidate Maintenance District with submittal of any development plan, tentative subdivision map, Site Plan Review, or application for a lot line adjustment for any portion of this ZC area. 3. Payment of median fees for the arterial frontage of the property within the ZC request is required prior to recordation of any map or approval of any improvement plan for the ZC area. 4. Access to the project area shall be per Caltrans conditions. CITY ATTORNEY 5. 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 or 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 . 'òM£~ c~ ~ ~ ¡:;; - r- '0 t:> "IQIr,INAL By jeng / S:\ZoneChangeI05-1381ICClExh A. doc February 13, 2006 Exhibit "A" ZC 05-1381 Page 2 of 5 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. PLANNING Air Qualitv Mitiaation Measures (from "Air Quality Analysis" (August 2005) by Mcintosh & Associates) 6. Comply with SJVAPCD Regulation VIII requirements. · Water all unpaved or haul road surfaces as needed. · Limit speed on all unpaved roads to 15 mph. · Water any exposed ground surfaces as needed. · Stabilize all disturbed areas including inactive storage piles on an as needed basis · Maintain a least a 6 inch freeboard space during transport of materials and/or cover and wet to limit dust emissions. · Remove mud or dirt accumulations on public roadways at the end of the day or immediately when track out exceeds 50 or more feet. · Cease grading activities during periods of high winds where entrainment of dust will exceed the SJCAPCD 20% opacity requirement. 7. Construction Equipment: · Limit idling to no more than 20 minutes at a time · All construction equipment shall be maintained to manufactures' specifications. · Where possible, electric equipment shall be used in lieu of diesel or gas powered equipment. · Encourage employees at the construction sites to carpool to and from work as well as during established lunch hours. 8. Design Features. The following area based upon those available in the URBEMIS 2002 emissions modeling program and provide emission reductions for the proposed project's long term emissions (reductions once the project has been completed). · Provide adequate street lighting · Provide sidewalks and pedestrian signs and signalization where appropriate. · Pedestrian safety designs/infrastructures shall be provided at crossings. · When transit becomes available to the site, signs, displays, benches and turnouts are to be provided as needed. Biota Mitiaation Measures (from "Biota Report fro Sterling East, Bakersfield, Kern County, California (October 13, 2004) by M.H. Wolfe and Associates, 9. The project proponent shall identify in writing an environmental liaison to the City of Bakersfield, US Fish and Wildlife Service and the California Department of Fish and Game. This person will be responsible for ensuring compliance with the environmental mitigation and take avoidance measures. x%i'.KE.." () <!::, - ~ rñ _ r- J <::J CJRIGINAL By jeng IS:lZoneChangeI05-1381\CClExh A. doc February 13, 2006 Exhibit "A" ZC 05-1381 Page 3 of 5 The environmental liaison will draft and prepare an Environmental Education and Compliance Plan. The plan will be used to train employees and contractors to ensure that the required environmental compliance measures are implemented. Prior to the initiation of construction, a pre-construction training session will be held to ensure all responsible parties are aware of what the environmental protection and mitigation measures are and how to ensure that they are implemented. 10. Threatened and Endangered Species The project shall comply with the Metropolitan Bakersfield Habitat Conservation Plan (HCP) (MBHCP 1993) and associated Implementing Agreement (City of Bakersfield, County of Kern, 1994). 11. Take Avoidance and Mitigation for Threatened and Endangered Species 11.1 San Joaquin kitfox Pre-construction surveys will be conducted to identify potential and known dens of protected species and to ensure appropriate and/or necessary take avoidance measures are implemented for the kit fox. If known dens are encountered, agency guidelines will be followed to ensure no San Joaquin kit foxes are entrapped in the burrows. To minimize the potential for increased vehicular mortality of the San Joaquin kit fox, slow speed limits (20 mph or less) will be posted on the construction site. In addition, passage for the San Joaquin kit fox will be ensured under roadways where swales or drainages are crossed. 11.2 Blunt-nosed leopard lizard Prior to ground disturbing activities, preconstruction surveys will be conducted for the presence of the blunt-nosed leopard lizard in potential habitat. If the presence of blunt- nosed leopard lizards on the project site is confirmed, they will be avoided and a consultation with CDFG will be undertaken to ensure compliance with the Fish and Game Code. All employees who will be on the site will be instructed as to the take avoidance regulations and education on basic recognition of the species. 11.3 Bakersfield cactus Whenever possible, impacts to Bakersfield cactus will be avoided. In the design and construction, special precautions shall be taken to prevent any significant alterations to the hydrology or soils of their habitat. If individual cactus cannot be avoided, the CDFG will be notified so that they may relocate healthy clumps in accordance with the MBHCP. They could be placed at the Bakersfield Cactus Preserve or to other suitable on-site habitat that will be permanently protected in coordination with the California Department of Fish and Game and the US Fish and Wildlife Service. Subdivider shall submit written verification from the appropriate wildlife agencies that the Bakersfield cactus has been adequately addressed. 12. Birds Protected by the Migratory Bird Treaty Act (MBTA) Subdivider shall comply with the Migratory Bird Treaty Act. Surveys shall be conducted prior to discing or ground disturbance to prevent their entrapment. The commencement of construction needs to avoid the nesting and fledging season from approximately January through June. By jeng IS:\ZoneChangeI05-1381ICClExh A. doc February 13, 2006 «. 'òME-9 () ~ >- ñí ç: r- Ù Co ORIGINAL -" ._---"--_._".__.._"._~._-,-".__.._. " _.._.,..-.~.._._._.,_.,.._----- Exhibit "A" ZC 05-1381 Page 4 of 5 13. Minimization of Site/Off-Site Degradation To prevent erosion, best management practices will be implemented. In addition, the sediment basins existing on the project site will be used or replaced with similarly effective protection measures. Construction directly adjacent to drainage habitats could result in take of listed species ranging through the construction site. Also, improper drainage planning and slope cutting could result in erosion and accelerated sedimentation both on off-site. During construction and development, the following special mitigation measures are recommended to prevent take of ranging protected species and to help prevent indirect or direct take of protected species adjacent to the project area. 13.1 Lighting Lighting will be shaded and directed away from habitat to protect nesting and roosting species. This also should help reduce the potential for an increased predation off-site. 13.2 Food waste and garbage All food, garbage, plastic should be disposed of in closed containers and regularly removed from the site to minimize attracting ranging San Joaquin kit foxes, or other animals to the site where they may be harmed. The kit fox and other animals may eat plastic sandwich bags or other non-food garbage items, which may cause their death. Extensive litter frequently accumulates around residential developments. This can have an adverse effect on both the human and adjacent wildlife habitats. During construction, covered litter barrels or other types of receptacles will be provided at appropriate locations to help reduce this problem. 13.3 Pipe entrapment All pipes, culverts or similar structures with a diameter of four inches or greater should be kept capped to prevent entry or entrapment of any kit foxes or other protected species. If they are not capped or otherwise covered, they should be inspected twice per day, prior to burial or closure to ensure no animals become entrapped. 13.4 Excavations Excavations will be provided with escape ramps or otherwise be covered to prevent wildlife entrapment, or the site could otherwise be protected during construction, such as with a wildlife exclusion fence, which would eliminate the possibility of ranging animals from being hanned during construction. Excavations, trenches, pipes and other areas where kit fox could become entrapped shall be inspected twice daily by project foremen or other responsible parties to ensure that if entrapment occurs, the kit fox can be rescued or enabled to leave of their own accord. 13.5 Notification Notification of the environmental regulatory compliance requirements shall be provided to anyone purchasing or conducting activities on these parcels. This requirement will ensure that under any type of management, ownership or operational changes that the environmental protection, compensation and mitigation measures will continue to be required and properly employed. By jeng IS:\ZoneChangeI05-1381ICClExh Adoç February 13, 2006 «. 'óMl',ç () ~ >- - r- rn _ r- o <:::J nRIGINAl -'^""'-"._--"--~-""-""'--'--"-"--"- -- -_._-_._._-~....._.._,._--"'~--'..---_.,_._.- Exhibit "A" ZC 05-1381 Page 5 of 5 13.6 Range fires Prevention and control of unplanned, man-caused fires should be enhanced by requiring construction vehicles to carry, water, shovels and fire extinguishers. Use of protection mats, shields, and windbreaks will be required as appropriate for welding and grinding. Further, the occupational Safety and Health Administration (OSHA) and fire prevention requirements should be enforced regarding cigarette smoking. Smoking is recommended to be prohibited on the project site and trails because of the seasonal fire danger. Over a half dozen fires were noted to occur on the project site during the 2003 survey period. 13.7 Protection of ephemeral drainages and water quality Under Section 1600 of the California Department of Fish and Game Code, stream alteration notifications will be submitted for the disturbance and crossings of ephemeral drainages that may occur on the project site. Such crossings will provide for adequate erosion control, bank protection and will be done in such a manner as to prevent aggravation and degradation of the channel bottom. Head cutting is not uncommon above in-channel basins and in ephemeral drainages that may result in the sloughing of topsoil in an entire watershed system, even though all the specific drainages are not directly affected. Culverts will be used under roadways or other facilities to prevent the truncation of identified wildlife movement corridors, e.g. drainages, ridge-tops, etc. Drainage from the project will be collected and directed internally to prevent off-site erosion, accelerated sedimentation and possible surface and groundwater contamination. 13.8 Fugitive dust and omissions To prevent a significant impact on the adjacent environment from fugitive dust, water or other dust suppression measures will be used. 14 Reporting The presence of any previously unidentified protected species that are not addressed in the MBHCP should be avoided and evaluated by a qualified biologist. The US Fish and Wildlife Service (USFWS) and California Department of Fish and Game should be notified of previously unreported protected species. Any unanticipated take of protected wildlife will be reported immediately to the CDFG and USFWS. On an annual basis, the environmental liaison will prepare a report that details the implementation of the environmental protection and mitigation measures. Any failure of measures to be effective will be reported as they occur. The applicant will suggest improvements and changes as possible, or coordinate any revision of environmental protection and mitigation measures with the City of Bakersfield, and the California Department of Fish and Game and US Fish and Wildlife Service, as appropriate. Cultural Resources Mitiaation Measure (from A "Phase I Cultural Resources Survey (September 2004)" by Hudlow Cultural Resource Associates 15. If during construction activities or ground disturbance, cultural resources are uncovered, the subdivider shall stop work and retain a qualified archeologist for further study. Subdivider shall notify the proper authorities and be subject to any mitigation measures required of the archeologist. 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" CI;W' _.,. : EXHIBIT "D" LEGAL DESCRIPTION ZONE CHANGE # 05-1381 THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 29 SOUTH, RANGE 28 EAST, CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS: PROPOSED C-2 PCD (FROM R-1) COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 24; THENCE NORTH 00°34'39" EAST, ALONG THE EAST LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 911.02 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE FOLLOWING COURSES: 1) DEPARTING SAID EAST LINE, NORTH 89°25'21" WEST, A DISTANCE OF 737.91 FEET; THENCE 2) NORTH 00°34'39'" EAST, PARALLEL WITH SAID EAST LINE, A DISTANCE OF 1,100.98 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 940.00 FEET, FROM WHICH POINT A RADIAL LINE BEARS SOUTH 11 °00'06" WEST; THENCE 3) EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 10°13'58", AN ARC DISTANCE OF 167.88 FEET; THENCE 4) SOUTH 67"34'28" EAST, A DISTANCE OF 405.50 FEET; THENCE 5) SOUTH 00°34'39" WEST, PARALLEL WITH SAID EAST LINE, A DISTANCE OF 162.85 FEET; THENCE 6) SOUTH 89°58'29" EAST, A DISTANCE OF 200.01 FEET TO A POINT ON THE EAST LINE OF SAID NORTHEAST QUARTER; THENCE 7) SOUTH 00°34'39" WEST, ALONG SAID EAST LINE, A DISTANCE OF 744.24 FEET TO THE POINT OF BEGINNING. CONTAINING 15.89 ACRES, MORE OR LESS. \2..,9rD5 MciNTOSH & ASSOCIATES 2001 Wheelan Court Bakersfield, CA 93309 (661) 834-4814 P:\PROJECTS\04171\LEGALS\04171 zc11.doc 12/0B/05 EBT/JLM ~ <oME1 () <!;. >-, . m 1- r- Õ D nRlriNAI. 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 23rd day of March , 2006 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4337 passed by the Bakersfield City Council at a meeting held on the 22nd day of March. 2006 and entitled: AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO. 103-24) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM A R-1 (ONE FAMILY DWELLING) ZONE TO A C-2/PCD (C-2(REGIONAL COMMERCIAL! PLANNED COMMERCIAL DEVELOPMENT) ZONE ON 15.9± ACRES GENERALLY LOCATED AT THE SOUTHWEST CORNER OF STATE ROUTE 178AND MORNING DRIVE (FILE #05-1381) PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield BY~.1 ~ð ~< Y- DEPU City C rk S:\DOCUMENTlFORMSIAOP, ORD. wpd .... ~hKf,y 0' ~ > - r- [!:i Ó Ö 0\\\0INAL