The URL can be used to link to this page

Home My WebLink AboutORD NO 4352 ORDINANCE NO. 4352 AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONING MAP 124-16) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM M-3 (HEAVY INDUSTRIAL ZONE) TO R-2 (LIMITED MULTIPLE-FAMILY DWELLING ZONE) ON APPROXIMATELY 20 ACRES, GENERALLY LOCATED AT THE SOUTHEAST CORNER OF COTTONWOOD ROAD AND EAST WHITE LANE (FUTURE) (ZC NO. 05-0599). WHEREAS, in accordance with the procedures 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 southeast corner of Cottonwood Road and East White Lane (future); and WHEREAS, by Resolution No. 57,06 on March 16, 2006, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 05-0599 as delineated on attached Zoning Map 124-16 marked Exhibit "A", by this Council and this Council has fully considered the recommendations made by the Planning Commission as set forth in that Resolution and restated herein; 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 M-3 (Heavy Industrial Zone) to R,2 (Limited Multiple-Family Dwelling Zone) on approximately 20 acres, and the Council has considered said findings as restated herein and all appear to be true and correct; and WHEREAS, a Negative Declaration with mitigation was advertised and posted on February 6, 2006, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows for low medium density residential development; and WHEREAS, the City Council has considered and concurs with the following findings made by the Planning Commission as set forth in Resolution No. 57-06, adopted on March 16, 2006: 1, All required public notices have been given. 2, The provisions of the California Environmental Quality Act have been followed. 3, Based on the intial 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 for the project in accordance with CEQA. 4, The proposed project is consistent with the surrounding land uses. 5. The proposed project, as shown on Exhibit "A," is consistent with the Metropolitan Bakersfield General Plan. 1 >- ~ c , 'l>AK¡::Á' C" '¡S: ·...n IT¡ ,- " '<-)RIC~INA( .----.....--. .'-"--' --_." -_. -~.__.". .. -.-.-..-------.-.. ---_._- ..-.-....- - '-- ...-....-..., _.~...,---_.._~._._., 6. The public necessity, general welfare and good planning practices justify the requested zone change, as shown on Exhibit "A." 7. 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 purposes 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. 8. The laws and regulations relating to the preparation and adoption of Negative Declarations as set forth in CEQA, the State CEQA Guidelines, and the City of Bakersfield CEQA Implementation Procedures, have been duly followed by city staff and the Planning Commission. SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: 1, That the above recitals, incorporated herein, are true and correct. 2. The Negative Declaration is hereby 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 124-16 marked Exhibit "A" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "B ". 4. Such zone change is hereby made subject to the "Mitigation/Conditions of Approval" listed in attached Exhibit "C", subject to approval of GPA No. 05-0599. 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. ---------()()()--------- 2 '< ,?>r>.K[-9 o (~\ >- ¡,) '.:: '..... ORI(-;Ií~^j- I HEREBY CERTIFY that the foregoing Ordinance was passed and a.dQDt~d b~ the Council of the City of Bakersfield at a regular meeting thereof held on JUN ;;: 1 OOti by the following vote: cAw NOES: ABSTAIN: ABSENT: ~ (...---""" l- 1 COUNCILMEMBER COUCH, CARSON. BENHAM. MAGGARD. HANSON. SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER ~!J,rìk PAMELA A. McCARTHY, C CITY CLERK and Ex Officio erk of the Council of the City of Bakersfield APPROVED JUN 2 1 2006 HARVEY L. ALL Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney By: µ¿cd 7n. ~_ Exhibit A - Zoning Map 124-16 B - Zone Change Legal Description C - Mitigation/Conditions of Approval PH ' S:IGPA 1 st 2006105,0599lResolutionslCC ZC Ordinance. doc 3 . 'òP-K[1' .:¡. ú' '- --(, " - ,IT. t::- ,-- "QRiCINAi Exhibit A Zoning Map 124-16 '< 0Mf'1' o ü"J " " .- i::-, ~ 1-·- OHi(;INAI ,.--_......- --- ~ ;¡ _ I ~f'3 ~ ¡ ¡ : ,.. -- \.D-:!i'" ;i §;; ~ Ii c. - ...~~. ..... u !I~!H1~ ~iil- ..;1------, Idw~U~ioHflhl HI ~I -2211, ~. ~f~ g~~ !I 111:li~~:~mil!hHU Ilh U~H.;II ~! &!~t-' a·· h Ow !.t~'h~ -. I.u) 2""" I·.h~~= I :To. '" ~ i '"i§..>i8i8·.lg'3..a~'g~=~~!"!3i.! 2' 11: iC!)~:i~ ¡h~Hh~!~mH=i~~!!~U~hd~i~~id" : r ...z ¡¡Ui $aha~HWaA!h;~lum~UhHsHi Sf>! 0- ~!~ 52 ~ -11U '-~'t -Ê-±-~ ~-.-~-;-~-,-~';~'~ ~~ -;~r-~i~$-i~':'~i~'.~~·~------ '!~ - 6,-,.'1 ... ., · ZONE CHANGE 05-0599 .. t · > · · ¡ Ii ¡ . R~ :i · ~" i~~' J~;n e'!! ! ~ II! d'ð, --'1~ ~5 - 1-- fo :~1i-- - I ~~í I c ¡: ':"! ~ I i.~ e - ! tot; ~'I ,. ~I·-,-:~~:J¡~--V- " ;irii~ f - I . . .' '. ----------------------------------------------~------------------- -----------------------, , , , ... ·"...;,¡".:A...·......H............._...._·-I ..~. i '1 .--'S. ......... ....-.- 'I I i i ~ '" .¡. T . " " .. .. i .¡. ..~ " · :'! · ~ II:: ~ '? :IE ¿I-HI ... ., 'NO '- '" i - + ~ ; I _ i , ~ I' --, E~ ;~ ,. ml ~~ II X'6 ''9, o I)' -<, >- - r- f1ì Z()IING MA . ,~rÌ;j~AI-- Exhibit B Zone Change Legal Description '< 'Ò Þ-K /"Á,' o -(-;, >- fT1 c C f:) (JR!C1j\JA ~ ZONE CHANGE FROM M-3 TO R-2: BEING ALL OF LOT 20 OF THE SALES MAP OF LANDS OF THE KERN COUNTY LAND COMPANY, FILED JULY 14, 1893 IN THE OFFICE OF THE KERN COUNTY RECORDER AND LYING WITHIN SECTION 16, TOWNSHIP 30 SOUTH, RANGE 28 EAST, M.D.M., IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA. CONTAINS 20.13 ACRES, MORE OR LESS. ~\.AND~ /t~,-,- G S~&~ /, ~'#- , ~':P ~ ( Exp. t2-31-06 . *) ~ 'ð. \t~ No.59 ~l ~~~~td? '?> ÞoK (,,, ç)ú' -(¡ >- - ¡- rr: - .-- c (' ORiGINf\i- Exhibit C Mitigation/Conditions of Approval X ,?>~Kf'", a J~" >- I- !!' '0 ö ORIGINAL EXHIBIT C Mitigation/Conditions of Approval General Plan Amendment/Zone Change No. 05-0599 MITIGATION MEASURES FROM NEGATIVE DECLARATION: Cultural Resources: 1. If cultural resources are encountered during construction, a qualified archaeologist shall be retained by the developer to evaluate the significance of the resources and to formulate a mitigation program if necessary. The archaeologist shall coordinate with the City of Bakersfield Planning Department. Mitigation for potentially significant cultural resource impacts. 2. If human remains are discovered during grading or construction activities, work would cease pursuant to Section 7050.5 of the California Health and Safety Code. If human remains are identified on the site at any time, work shall stop at the location of the find and the Kern 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 details the appropriate actions necessary for addressing the remains) and the local Native American community shall be notified immediately. Mitigation for potentially significant cultural resource impacts. T ransportationlT raffic 3. Prior to the issuance of any building permit, the developer shall pay the applicable Regional Transportation Impact Fee (RTIF) to the satisfaction of the City of Bakersfield Public Works Department. Mitigation for significant traffic impacts. 4. Prior to issuance of the first building permit within the project site, the developer shall pay the proportionate share of the following mitigation measures (not paid for by the Regional Transportation Impact Fee - RTIF nor included with normal development improvements) as indicated in Table 7 of the traffic study (Pinnacle Engineering, June 15, 2005) (intersection percentages have been adjusted from table per City & State policy to base share on percent of new traffic only). An estimate and fee schedule should be developed by the applicant and approved prior to recordation of a map or issuance of a building permit. a. White Lane and SR99 north bound ramp - expansion of intersection to provide 2 left turn lanes, 1.36% share b. Union Avenue and White Lane - modify traffic signal, expansion of intersection to provide 2 left turn lanes, 3 through lanes and 1 right turn lane - all directions, 2.43% share c. White Lane and So. H Street - modify traffic signal, expansion of intersection to provide 2 left turn lanes, 3 through lanes and 1 right turn lane - all directions, 1.W'IoKt:>,,_ o '1,. >-. -I, I- (Tj - r- Ù (:) OQIGiNAl Exhibit C GPA/ZC No. 05-0599 Conditions of Approval d. Cottonwood Road, Casa Loma Drive to White Lane - add one lane each direction, 4.38% Mitigation for significant traffic impacts. ADDITIONAL CONDITIONS OF APPROVAL: Residential/Industrial Interface: 5. An 8-foot tall masonry wall (measured from the finished grade of the abutting residential lots) shall be constructed along all residential property lines which abut industrially zoned property. These walls shall be included on all applicable subdivision maps for the GPA/ZC area and shall be constructed prior to the recordation of each affected phase. This wall shall not interfere with any easements and shall not have any gaps or openings. If there are no industrially zoned properties contiguous to the GPA/ZC area at the time of tentative map approval, this condition shall not be in force. For public health, safety and welfare. 6. The minimum depth for a lot with a rear yard abutting industrially zoned property shall be 140 feet. If there are no industrially zoned properties contiguous to the GPA/ZC area at the time of tentative map approval, this condition shall not be in force. For public health, safety and welfare. 7. The minimum width for a lot with a side yard abutting industrially zoned property shall be 100 feet. If there are no industrially zoned properties contiguous to the GPA/ZC area at the time of tentative map approval, this condition shall not be in force. For public health, safety and welfare. 8, With the recordation of final subdivision maps within the GPA/ZC area, notices shall be recorded for all residential lots disclosing their proximity to industrially zoned properties and specifying the uses permitted and conditionally permitted within the industrial zone(s) contiguous to the GPA/ZC area. If there are no industrially zoned properties contiguous to the GPA/ZC area at the time of final map recordation, this condition shall not be in force. For public health, safety and welfare. Public Works: 9. Prior to approval of any development plan, improvement plan, or application for a lot line adjustment, the following shall occur: Page 2 of 5 " 'Ç,AI(¡:- " -"" o '{jO >-. ~ ~- f!.I o I.,~ ORIGINAl' Exhibit C GPNZC No. 05-0599 Conditions of Approval a. Provide fully executed dedication for White Lane and Cottonwood Road to arterial standards and Washington Street to collector standards for the full frontage 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. If a tentative subdivision map over the entire GPA/ZC area is submitted, dedication can be provided with the map. b. This GPA/ZC area is too small to support its own storm drainage sump. The City will allow no more than one sump per 80 acres; therefore, this GPA/ZC 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 GPNZC area, showing its proportionate share of the necessary ultimate storm drainage facilities. Formation of a Planned Drainage Area will not be required if the following conditions are met: 1) The developer enters into an agreement with the adjoining property owner/owners to construct and utilize a common sump such that the City's policy of one sump per 80 acres is achieved. Said agreement will be reviewed and approved by the City, but the City shall not be a party to the agreement. 2) The developer prepares a Master Drainage Study including all the area covered by the above-referenced agreement for review and approval of the City Engineer. Said Master Drainage Study shall include a plan for the phasing of the construction of the sump. Note: If the future development is private, and the sump is privately maintained, then a Planned Drainage Area will not be required. c. Sewer service must be provided to the GPA/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 over sizing 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. For orderly development. Page 3 of 5 ._ 'òM[", 0' '(f' >- ~ ¡- rn - ,- C f~ OFHJINAi'~ Exhibit C GPA/ZC No. 05-0599 Conditions of Approval 10. 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 Consolidated 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. For orderly development. 11. 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) will also be made at the time of division or development. A full access opening will only be considered if the developer funds and installs a traffic signal at the site entrance. Said signal will only be permitted if a signal synchronization study is submitted and approved, which shows progression is not adversely affected. For orderly development. 12. Payment of median fees for the arterial frontage of the property within the GPA/ZC request is required prior to recordation of any map or approval of any improvement plan for the GPA/ZC area. For orderly development. Bakersfield Municioal Airoort Comoatibilitv: 13. With the recordation of final subdivision maps within the GPA/ZC area, overflight easements shall be granted to the City of Bakersfield for all residential lots. Overflight easements shall grant all rights deemed necessary by the City of Bakersfield to ensure that the development of said property will neither impede airport operations nor result in flight hazards, including but not limited to the following: to make flights and associated noise in airspace over said property; to regulate or prohibit the release of any substance into the air which might interfere with aircraft operations; to regulate or prohibit light emissions which might interfere with pilot vision; and to prohibit electrical emissions which might interfere with aircraft communications systems or aircraft navigational equipment. For public health, safety and welfare. 14. With the recordation of final subdivision maps within the GPA/ZC area, a notice shall be recorded on the deeds of all residential lots disclosing that the properties are in an area subject to aircraft overflights, and as a result, residents may experience inconvenience, annoyance and discomfort arising from the noise of such operations. The notice shall also state that State law establishes the importance of public use airports for the protection of the public interest of the people of the State of California and that residents of property near a public use airport should, therefore, be prepared to accept such Page 4 of 5 '{I>-K¡::j> ;'~ '¡jJ ~ 0(", >- m ;--. /:. -'DH\Uiì-..jAC Exhibit C GPA/ZC No. 05-0599 Conditions of Approval inconvenience, annoyance and discomfort from normal aircraft operations. For public health, safety and welfare. Citv Attornev: 15. 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. Page 5 of 5 X 'òÄK[-s> o u'l >- "" >-- ,"n ('; it: OH¡(;;¡\J;.'\¡'·' 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 22nd day of June ,2006 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4352 passed by the Bakersfield City Council at a meeting held on the 21st day of June, 2006 and entitled: ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONING MAP 124-16)) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM M-3 (HEAVY INDUSTRIAL ZONE) TO R-2 (LIMITED MULTIPLE-FAMILY DWELLING ZONE) ON APPROXIMATELY 20 ACRES, GENERALLY LOCATED AT THE SOUTHEAST CORNER OF COTTONWOOD ROAD AND EAST WHITE LANE (FUTURE) (ZC NO. 05-0599) PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield By: ~ ~¿ DEPU C' Clerk S :\OOCUMENTlFORMSIAOP. ORD. wpd <¡,M¡. ,~ '?;'( \.' ~ :> n¡ ,. ·')Hll:ìiNAi-