The URL can be used to link to this page

Home My WebLink AboutORD NO 4335 ORDINANCE NO. AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO. 123-36) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM A (AGRICULTURE) TO C-2 (REGIONAL COMMERCIAL) ON 16.71 ACRES (EXTENDED) lOCATED NORTH OF STATE HIGHWAY 119 AND WEST OF STATE HIGHWAY 99 (FILE NO. 05-0493). -¡ass 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, located north of State Highway 119 and west of State Highway 99 (Extended), as shown on attached Exhibit "B;" and WHEREAS, by Resolution No. 32-06 on February 2, 2006 the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 05-0493 as delineated on attached Zoning Map No. 123-36 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 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) on 16.71 acres 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 30, 2005, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows for highway commercial development; and WHEREAS, the City Council has considered and hereby makes the following findings: 1. All required public notices have been given 2. The provisions of the California Environmental Quality Act (CEQA) have been followed. 3. The public necessity, general welfare and good zoning practice justify the requested change from A (Agriculture) to C-2 (Regional Commercial) on 16.71 acres. 4. The overall design of the project, as conditioned, is consistent with the goals and policies of all elements of the general plan. -1 - ~ ~Mf-9 o ~ >- - ..... m _ r-- () 0 f1"IGINAL 5. The conditions of approval, attached hereto as Exhibit "A" are needed to provide for orderly development, and the public health, welfare and safety; and 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 of the Municipal Code of the City of Bakersfield 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. 123-36 marked Exhibit "C" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "0". 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. --------000-------- - 2 - ~Mf-9 d- ~ >- ñi >::: r-- () 0 f1RlmNAL the I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by Council í'fZOase City of Bakersfield at a regular meeting thereof held on MAR Z by the following vote: ~ NOES: ABSTAIN: ~D .......-- v ..........-- I..--- .-- COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARO, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER (' Ð'Vo-C l" I ~~C Q ¡ ,'''' .~ ~a.~~ PAMELA A. McCARTHY, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED MAR 2 2 2006 APPROVED as to form VIRGINIA GENNARO City Attorney By ßr;uÞ,~ ~ Exhibits: 1. Conditions. 2. Location Map. 3. Zone Map 4. Legal Description LP I S:\ZoneChangeI05-0493ICCIOZC-CC.DOC March 22, 2006 -3- ~ ~~Kf-9(J' () ....\', >- rn r;:. !.- v l) ()F,r,INAI EXHIBIT "A" CONDITIONS OF APPROVAL ZONE CHANGE #05-0493 PUBLIC WORKS 1. Prior to approval of any development plan, improvement plan, tentative subdivision map or application for a lot line adjustment, the following shall occur: a. Provide fully executed dedication for a local road to connect to the parcel adjacent to the freeway north of the Zone Change area. Submit a current title report with the dedication documents. If a tentative subdivision map over the entire Zone Change area is submitted, dedication can be provided with the map. b. This Zone Change area is too small to support it's own storm drainage sump. The City will allow no more than one sump per 80 acres; therefore, this Zone Change area must be included within the drainage area of adjoining property. The developer shall participate in the development of a Planned Drainage Area and provide a drainage study for the Zone Change area, showing it's proportionate share of the necessary ultimate storm drainage facilities. c. Sewer service must be provided to the Zone Change 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. d. In order to preserve the permeability of the sump and to prevent the 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. The 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 GPA area. 3. Access to the project area from Taft Highway is provided by a sub-standard road. With the development of the project area, approved, improved access to the site must be provided. The required improvements shall be 32 feet of paving meeting City design standards for a collector road, with 8' graded shoulders. If it becomes necessary to obtain any off site right of way and if the developer is unable to obtain the required right of way, then he shall pay to the City the up- front costs for eminent domain proceedings and enter into an agreement and post security for the purchase and improvement of said right of way. PLANNING 4. AIR QUALITY MITIGATION MEASURES: Mitigation Measures for Construction Equipment Exhaust The following mitigation measures should be utilized during the construction phase of the project to reduce construction exhaust emissions. These mitigation measures are stated in the GAMAQI guidance document as approved mitigation for construction equipment: LP / S:\ZoneChangeI05-0493\EXH 1.doc February 13, 2006 ~ ~Mt-9 o ~ >- ñi _ r-- :> 0 f1RI(:;INAL · Properly and routinely, maintain all construction equipment, as recommended by manufacturer manuals, to control exhaust emissions. · Shut down equipment when not in use for extended periods of time to reduce emissions associated with idling engines. · Encourage ride sharing and use of transit transportation for construction employee commuting to the project sites. · Use electric equipment for construction whenever possible in lieu of fossil fuel-fired equipment. · Curtail construction during periods of high ambient pollutant concentrations; this may include ceasing of construction activity during the peak-hour of vehicular traffic on adjacent roadways. Mitigation Measures for Fugitive Dust Emissions Construction of the project requires the implementation of control measures set forth under Regulation VIII, Fugitive PM10 Prohibitions of the San Joaquin Valley Air Pollution Control District. The following mitigation measures, in addition to those required under Regulation VIII, can reduce fugitive dust emissions associated with these projects: · All disturbed areas, including storage piles, which are not being actively utilized for construction purposes, shall be effectively stabilized of dust emissions using water, chemical stabilizer/suppressant, covered with a tarp or other suitable cover, or vegetative ground cover. · All onsite unpaved roads and offsite unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizer/suppressant. · All land clearing, grubbing, scraping, excavation, land leveling, grading, cut & fill, and demolition activities shall be effectively controlled of fugitive dust emissions utilizing application of water or by presoaking. · When materials are transported offsite, all material shall be covered, or effectively wetted to limit visible dust emissions, and at least six inches of freeboard space from the top of the container shall be maintained. · All operations shall limit or expeditiously remove the accumulation of mud or dirt from adjacent public streets at the end of each workday. (The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions. Use of blower devices is expressly forbidden) · Following the addition of materials to, or the removal of materials from, the surface of outdoor storage piles, said piles shall be effectively stabilized of fugitive dust emissions utilizing sufficient water or chemical stabilizer/suppressant. · Within urban areas, trackout shall be immediately removed when it extends 50 or more feet from the site and at the end of each workday. · Any site with 150 or more vehicle trips per day shall prevent carryout and trackout. · Asphalt-concrete paving shall comply with San Joaquin Valley Air Pollution Control District Rule 4641 and restrict the use of cutback, slow-cure and emulsified asphalt paving materials. · Cease grading activities during periods of high winds (greater than 20 mph over a one- hour period). · Limit construction-related vehicle speeds to 15 mph on all unpaved areas at the constructions site. LP / S:\ZoneChange\05-0493\EXH 1.doc February 13, 2006 ~ ~P-.Ke-9 o ~ >- ñi >::: r-- (,) 0 ()RIGINAL . Implementation of carryoutltrackout mitigation measures, such as gravel pads, in accordance with the requirements of SJVUAPCD Regulation VIII. . Mitigation measures as recommended in an Air Quality Study prepared by WZ.I., Inc., dated November 2004. 5. 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. Mitigation measure as recommended in an Archaeological Clearance letter from the Archaeological Inventory at Cal State Bakersfield, dated October 2004. CITY ATTORNEY 6. 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. 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. LP / S:\ZoneChange\05-0493\EXH 1.doc February 13, 2006 ~ ~Mf-9 o ~ '>.. m s' r- '.;:> 0 I)RIGINAI C'i) 0') -.:::t o I I.() o Ll..I (9 Z « I ü Ll..I Z o N lJiD ~ II IJ I " ] IJ I " I ~I " I =cW c=Jo c=J: w . '" " ü :;; c=J I ø " ~!I!I!!I!!!~-'-'-I!!!!I!!I!!!~- ~ ~ " < ø " < II , , , , , >-: ~] r' ,-" 1:: !¡:! 0; < w " 0 ~ 0 " 0 :;; 0 '" '" '" N Z :::'i~ :;;¡ 0 N' '" ;; 0 0 0 0 N N 0 I~w w XHIBIT B w < w . . w :J :J w ex:> N N 0::: 0::: en en 0 ~ N (")~ (") ù 1-(") CD I- ~ ___n_n______ -!:~_~~!~_~_~!!"!2.~_______ " ~ o ë§ 0: W W '" U ¡: inn u"~1 AlNnOa AlID :¡ < " < --~---------------------~--~----i:--~----~---------------- ó ~C"')! ~ nnf\N'i i 0::: "" ¡ u; ! ~ ggf'N'Ý ~ < J.33/t¡, s ''''o^, Ð¡,.".. ;¡ rroo ~ < ¡; w :J " I: I: û ~ o " < :J >-, ~ r ¡: '-' J: t: ci ¡!: < < :J w ¡; Ù ¡: , " < " " " ~ , " , o ~ <òMc?, a ~ >- - .... m _ r-- oJ 0 f1RIGINAL - ._----..__...----~.. .._.__._-_._.._.._._--_._,._,._~_.._- ~a.. . ~c:[ö ~::æ:: w " ;!iC) ...2 °Z:R !È I 52~ ~ i ~~ .~ to· rO; '" I '" rO C\J ~ JII ~ ;:; t. . a I! . "~ I !;.. " í" ..... J ;;ã~ž I w_ _ ;;"" i.. ~ ¡ ;¡ -~ '; ¡ , . r ~ . ¡ '" . 0 ~ I· il q ; i J . il . I .. . . ·iIg3~I!a;! i !hihl~Î~~ihh Ii: ~i nil!!! I I Ih . I ì! It I ., I -; i í Ihilh¡~~~:i~I!UI I~ iUS i:~1IU~J ~ ~~§~~ ~M!~II!~!!f ,luiM-~IIH ~~;I -! ~!ì -..= e-~' :.1.1 = .115" ~~I··· = ¡i! II.. ~Uldm~HH!Hhh ihl.UiHt~iil I ~; th; ~ : æÊxf:fr~1f.Ö;'~i. ZONE CHANGE 05-0493 .-." "., .. + " " c .: I . ¡¡; ¡¡:¡ . -. , I I I I 1 -----i u u: ---~ ----t ~': I . . __~--l I e,' ----- 1 I " I ¡ I I' ________..J ¡ I __.L., JIll c- . r I I : I " ¡r I ~ '!' I ! .. I I I I I -~ .. c , :~=f + .·111 .." .., i bpI ¡MIllE;; .linH i}IJI!J ¡Ii,~a . . ~.,..,. IMIH "Iï~ ¡!~ iti; - JUI! I! I..i¡¡¡ Ie _ ui III! ~ ~þ.k(.f. o ~ ~ ZONING MAP 12·3 - m _ r-- (,) 0 ()RIGINA.l 3 ~ c· . 1 ~~III: 1113 :. ~5 ~-------------- r- ---- I 1 J , .. ! .:, I I L ____ c ,----- r :I r .. I ò I I 1-------------, : .~!I : - 1· qI¡ I....U :i:! I JII ::: + I I i . r 0 !~ ! . ---- EXHIBIT D LEGAL DESCRIPTION FOR ZONE CHANGE NO. 05-0493 PREZONING A TO C-2 The North 850 feet of the East Half of Lot 30 in Section 36, T 30 S, R 27 E, MDB&M, Kern County, California according to the Kern County Sales Map No. I of the Lands of J. B. Haggin, recorded May 3, 1889 in the Office ofthe Kern County Recorder; AND the North 540 feet of Lot 31 in Section 36, T 30 S, R 27 E, MDB&M, Kern County, California according to the Kern County Sales Map of the Lands of J. B. Haggin recorded May 3,1889 in the Office ofthe Kern County Recorder, lying West of the Westerly line of that certain parcel ofland condemned for Freeway purposes by Final Decree of Condemnation recorded January 18, 1962 in Book 3453, Page 106 of Official Records in the Office of the Kern County Recorder. Contains IIAI Acres . -~_._--- ...- ---_._---_..~._--_._. ~ ~l\Kf-9 o ~ >- - ..... m _ r-- () 0 IJRIGINAL 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. 4335 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. 123-36) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM A (AGRICULTURE) TO C-2 (REGIONAL COMMERCIAL) ON 16.71 ACRES (EXTENDED) LOCATED NORTH OF STATE HIGHWAY 119 AND WEST OF STATE HIGHWAY 99 (FILE NO. 05-0493) PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield BY:¥\Jl~d DEPUTY Ci Clerk S :\DOCUMENTlFORMSIAOP. ORO .wpd ~ ~Mf& ;) ~ .- m I:: r- (,) 0 CJRIGINAL