The URL can be used to link to this page

Home My WebLink AboutORD NO 4355 ORDINANCE NO. 4355 AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONING MAP 123-26) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM R-1 (ONE FAMILY DWELLING) TO C-2 (REGIONAL COMMERCIAL) ON 5.50 ACRES, GENERALLY LOCATED ON THE SOUTH SIDE OF PANAMA LANE, BETWEEN WIBLE ROAD AND WINDFLOWER AVENUE. (ZC NO. 05-1442). 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 on the south side of Panama Lane, between Wible Road and Windflower Avenue; and WHEREAS, by Resolution No. 81-06 on April 6, 2006, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 05-1442 as delineated on attached Zoning Map 123-26 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 R-1 (One Family Dwelling) to C-2 (Regional Commercial) on 5.50 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 March 8, 2006, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows commercial 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. 81- 06. adopted on April 6, 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 .,?>"KC·, '( "/ .-.., rJ; '-' "'n >, 1 , m j-. ,_) ('7 ORIGINAl effect on the environment. A Negative Declaration was prepared for the project in accordance with CEQA 4. The proposed project is consistent with surrounding uses. 5. The proposed project, as shown on Exhibit "A," is consistent with the Metropolitan Bakersfield General Plan. 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 agencies 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 123-26 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. 05-1442. 2 y,Þ-K('", ,-:,< 'l(p , --c, '11 c....,. '-)HiCl¡~JA¡-- 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 V, A. K¿.-..ç< ,,)X <9 , "' ,:::..' < -, ". " '-.:> éiH!(;INAI 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 .JUt>! 2 1 2006 by the following vote: 'AYEs) NOES: ABSTAIN: ABSENT: ~~ ~ COUNCILMEMBER COUCH, CARSON. BENHAM. MAGGARD. HANSON, SULLIVAN. SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER Ll·1ÎîL PAMELA A. McCARTHY, CM CITY CLERK and Ex Officio CI rk of the Council of the City of Bakersfield APPROVED JUN 2 1 2006 HARVEY L. HALL Mayor of the City of Bakersfiel APPROVED as to form VIRGINIA GENNARO City Attorney By /~?lJ, -4/uy¡ Exhibit A - Zoning Map 123-26 B - Zone Change Legal Description C - Mitigation/Conditions of Approval JS - S:\GPA 1st 2006\05-1442\Resolution\CC ZC Ordinance.doc 4 'OM!:'» rJú' ~. >- ,- '.:: ,- ~]H;(·;i:.,Jl;i Exhibit A Zoning Map 123-26 , 'ÖAi({:, ',-" ';j) '"" , " n, ~- ( ~ ..---....- --<--- --.--.---.-..--...---- 9~ ,£~I d9" !lNINOZ " . - .. III AIf ; i ~ -t , øiø.¡œ , I I .- htf¡u I !' ! I _n I ~ I .~ '" ~1!11t[ ,. K+ I I ~ , ~idin; 'I' ¡ , , i:! I i I ¡ 1_- _ _ _ I - í I-,Iii" I .... ¡ iii I - ! ! il~UlI, I I , I . L_______J e··~liøa ~ ~ , ! I ~U8= : ! ! !I"¡¡¡U I: ! · ~dii!!1 ! I I~itl~! .~ ~ :r r % -~¡¡II ! ! fifiR-li r ijij i ~ I 'I .=- !~ S i:! 'I! I! it ~ I Ii I. '1' . O· f: ! ii ! ¡Of , ~ . ; . " I i ! . - . ' ' , .. . ----- 1 n -'" ! ! :;ON '" ! t ~ ..¡; 3! ." _ "., 111-1'1 lvv~-90 3ÐNVH~3NOZ 1~·;;:IDi2w~·.a~~~~~~~=~ ~ ~ ,,~: " ... !C = ...-...n..-....·......-.,~... . ~ . ~ ~C ~ ~ !rm; . J' " . !~~, ¡·liP; I rt;t~ç; i r r~Jl~ i , i ~i s ~I ~ I g2g &;i¡¡ t ':2 .~. It r.0 I ~i! ~~I . ~i .o~. A ~ r!lil '~Jt ·Ii :i ¡IH r.,~ "'1 IrQ. Jii. ~1- . I lEi ii~gli~H@~~H~Hui!m mum-! ,..iiI~,!I~¡;~.1;I........!f..~~n~al.z..!t..-O~DI.!í¡¡:. !; t;~ j ij s ii. i di I ~ ~ f 8 i ~s~i; .:¡¡~ 8l~ ~ ~§h ft>i e'oi"'. .~I' I _'l'-'_~! ~I i: H~~!" hil ~i~i¡~Hi~:~~~~EiÏ;i I o ~'ir~ h..· ·"eHd..I.t.1 I ,...~ ...~ I;a N=Hit::!t~ItF§- 1-- i ¡I U i§ ¡Ii ¡ii~!j~~~i·;I ¡Ii . ! ~ ~ i i ii :§ Ii !. i ~ lii!.il i ft ii . § ~§ i: fi!! ~ i -~ i i. . --. ----- . - - --------- + ~~i Ir;; , I I G) 'I'" : ~ p~~ .j . n c: R- i ¡! . ~I I' ~N!! nO"" · -< a:~~ z (i)\J: '" ,., ....B:¡]¡ ~ ." .. »¡;¡, · "OG N úJ "" I 'ôMr ~~ ~) ~t~.. r, -, , H!i,_ii!~i>,: .,.....: ~ . ~ ~ ~ ~ ~ , ~ ~ ~ ~ ~ AKERS ROAD J ~ ~ L ~ ~ m ~ ~ ~ N C 0 ~ Z CASTLEPOINT STREET m ~ C () ::r: » ~ 6:= z ~ ~ G> CASTlEFORD STREET m ~ 0 01 I g ~ ~ ~ .þ.. , .þ.. '" AKERS ROAD ~ ~ ~ ::J s i ~ '" S1 f¡ ,... ~ ~ þ WIBLE ROAD VVlBlE ROAD ~ ~ ~ £ ~ ~ þ ~ , o Þ ~ ~~ , "" 0 01 0 J ~ I s; z ~ m ~ ~ o '" -I ~ g ,~ - o ~ ~ m ;;; o g: o ~ . oA/(/-, \ '--0 , ',fJ -n g E z . o ~o !( ~:i , ( ¡ :~ ,A,I , ..... - CITY OF BAKERSFIELD ZONING DISTRICT DESIGNATIONS , R-1 One Family Dwelling C-O Professional and Administration Offiœ 6,000 sq.fl minimum lot size C-1 Neighborhood Commercial E Estate 10,000 sq. ft. minimum lot size C-2 Regional Commercial , R-S Residential Suburban C-C Commercial Center 24,000 sq.ft.ldwelling unit C-B Central Business R-S-1A Residential Suburban 1 acre minimum lot size PCD Planned Commercial Development R-S-2.5A Residential Suburban M-1 Light Manufacturing 2% acre minimum lot size M-2 General Manufacturing R-S-5A Residential Suburban 5 acre minimum lot size M-3 Heavy Industrial I R-S-10A Residential Suburban P Automobile Parking 10 acre minimum lot size RE Recreation R-2 Limited Multiple Family Dwelling 4,500 sq.fl min lot size (single family) Ch Church Overlay 6,000 sq. ft. min lot size (multifamily) 2,500 sq.fllot area/dwelling unit OS Open Space R-3 Limited Multiple Family Dwelling HOSP Hospital Overlay 6,000 sq.fl minimum lot size 1,250 sq. ft. lot area/dwelling unit AD Architectural Design Overlay R-4 Limited Multiple Family Dwelling FP-P Floodplain Primary 6,000 sq.fl minimum lot size 600 sq. ft. lot area/dwelling unit FP-S Floodplain Secondary R-H Residential Holding AA Airport Approach 20 acre minimum lot size DI Drilling Island A Agriculture 6,000 sq.ft. minimum lot size PE Petroleum Extaction Combining A-20A Agriculture SC Senior Citizen Overlay 20 acre minimum lot size HD Hillside Development Combining PUD Planned Unit Development TT Travel Trailer Park MH Mobilehome S:\Forms\zoneDistricls.doc , 0-Ai(·· x '-'(-,{\ o 'r.r .,-, .->". ç- ·)H¡¡~i)\¡A.i Exhibit B Zone Change Legal Description ·ÔÞ.K,:::~S) (~ t~~, n°, -- , :H¡:.,;!!-'¡!\: ~__'.__d~_ '." ____.__.__. _ _...'" .,_,_.' __._. '_'""_'_'_"~""'_"____'_ . . - , ' , LEGAL DESCRIPTION PROPOSED ZONE: C-2 (commercial) 5.52± Acres Parcel I: The west 132 feet of the north half of the northeast quarter of the northeast quarter of Section 26, Township 30 South, Range 27 East, Mount Diablo Meridian, in the City of Bakersfield, County of Kern, State ofCaiifornia, according to the official plat thereof. Contains: 1.9O± Acres Parcel 2: The east 250 feet of the west 382 feet of the northwest quarter of the northeast quarter of the northeast quarter of Section 26, Township 30 South, Range 27 East, Mount Diablo Meridian, in the City of Bakersfield, County of Kern, State of California, according to the official plat thereof. Contains: 3.62± Acres ,"Þ,K~ \) '~/9 (f' --« Il'1 r--- t.." '0V'ìiNA!- Exhibit C Mitigation/Conditions of Approval '< ~>~Kt-9 () úi -c. '" ~. ill ,.~- " -)kil:!I\!A( EXHIBIT C Conditions of Approval General Plan Amendment/Zone Change No. 05-1442 MITIGATION MEASURES FROM NEGATIVE DECLARATION: Air Qualitv Mitiaation Measures 1, To ensure that project emissions are minimized, the applicant is proposing a number of mitigation measures, The following measures have either been applied to the project through the latest URBEMIS Model or will be implemented in conjunction with the San Joaquin Valley Air Pollution Control District (SJVAPCD) rules. The applicant/developer of the project site shall submit documentation to the Planning Department prior to development that they will/have met the following air quality mitigation measures: The following mitigation measures shall be utilized during the construction phase of the project to reduce construction exhaust emissions: · Construction equipment exhaust emissions shall not exceed SJVAPCD Rule 4101 Visible Emission limitations. · Unpaved areas subject to vehicle traffic will be watered twice daily or more frequently as needed. · The speed of any vehicles and equipment traveling across unpaved areas must be no more than 15 miles per. · Storage piles and disturbed areas not subject to vehicular traffic must be stabilized by being kept wet, treated with a chemical dust suppressant, or covered when material is not being added to or removed from the pile. · Prior to any ground disturbance, including grading, excavating, and land clearing, sufficient water must be applied to the area to be disturbed to prevent emissions of fugitive dust from being airborne beyond the property line from which the emission originates. · To prevent track-out, wheel washers should be installed where project vehicles and/or equipment exit onto paved streets from unpaved roads. Alternatively, a gravel bed may be installed as appropriate at vehicle/equipment site exit points to effectively remove soil buildup on tires and tracks to prevent/diminish track-out. · Suspend all grading operations when fugitive dusts exceed SJVAPCD Regulation VIII Fugitive Dust limitations, · No trucks are allowed to transport excavated material off-site unless the trucks are maintained such that no spillage can occur from holes or other openings in cargo compartments, and loads are either: covered with tarps; or welted and loaded such that the material does not touch the front, back, or sides of the cargo compartment at any point less than six inches from the top and that no point of the load extends above the top of the cargo compartment. · No open burning of removed vegetation during construction activity. Vegetative materials shall be chipped or removed to waste-to-energy facilities. '< 'òM,~,c, () ú~ · Sweep (with water sweepers) paved streets adjacent to the project construction site as ne~d .'2' t.... '.' --'JRi(jH>JAi Exhibit A,1 GPNZC 05,1442 Conditions of Approval to remove accumulated dust. · Use low sulfur fuel for stationary construction equipment if applicable. · Utilize existing power sources or clean fuel (natural gas or low-sulfur diesel) generators rather than temporary power generators, when practicable. · Minimize idling time to 5 minutes for all diesel-powered equipment. · Ensure that all mobile and stationary internal combustion engine equipment is properly maintained and well-tuned according to manufacturer's specifications. · Clean earth moving construction equipment with water once per day. · An operational water truck shall be onsite at all times. Apply water to control dust as required per SJVAPCD Regulation VIII. Cultural Impact Mitiaation Measures 2. If archaeological resources are encountered during the course of construction, a qualified archaeologist shall be consulted for further evaluation. Mitigation for potentially significant cultural resource impacts, 3. 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 4, Prior to the issuance of any building permit, the developer shall pay the applicable Regional Transportation Impact Fee (RTIF) to the satisfaction ofthe City of Bakersfield Public Works Department. Mitigation for potentially significant cultural resource impacts. 5. Pay the proportionate share of the following mitigation measures (not paid for by the Regional Transportation Impact Fee nor include with normal development improvements) as indicated in Tables 7 of the traffic study (Ruettgers & Schuler, September 2005). 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. The recommended mitigations can be found in Table 1 and Table 2: TABLE 1 FUTURE INTERSECTION IMPROVEMENTS AND LOCAL MITIGATION ¡-, Page 21)f!~;Ii~AI'" Exhibit A,1 GPNZC 05,1442 Conditions of Approval Akers Road & Harris Road Install Signal - 1 EBL', 1 WBL'. 1 NBL'. 1 SBL' 1 NBR', 1 SBR' 1 WBL'. 1 WBT. 1 NBL'. 1 SBT' Install Signal - 1 EBL, 1 WBL. 1 NBL, 1 SBL Install Signal - 1 EBL'. 1 WBL', 1 NBL', 1 SBL' 1 NBR'. 1 SBR' 1 WBL', 1 WBT. 1 SBT' 9.59% Wible Road & Harris Road Wible Road & Panama Lane 7.19% 6.71% Wible Road & Berkshire Road Install Signal 6,38% Notes: 1 Striping Only NB=Northbound SB=Southbound WB=Westbound EB=Eastbound L=Left Turn Lane T=Through Lane R=Right Turn Lane TABLE 2 FUTURE ROADWAY IMPROVEMENTS AND LOCAL MITIGATION Panama Lane: Akers Road to Wible Road 1 A roximate 850 feet on the south side of Panama, west of Wible Road Mitigation for potentially significant cultural resource impacts. Citv Attornev 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, andlor 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 anyway 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 preceding, 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. . 'ôAK,,-.,., .)'< '~J' '. -<I m ,-- Page Jêbfß 'è lRIGINAI Exhibit A,1 GPA/ZC 05,1442 Conditions of Approval ADDITIONAL CONDITIONS OF APPROVAL: Public Works Conditions: 7. Along with submittal of any development plan, improvement plan, or application for a lot line adjustment, the following shall occur: a. Provide fully executed dedication for Panama Lane to arterial standards for the full frontage of the area within the GPA request. Dedications shall include sufficient widths for right turn lanes 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. Submit a comprehensive drainage study to be reviewed and approved by the City Engineer. All storm water shall be retained on site, unless an alternative off-site storage method is approved by the City Engineer. The study shall be reviewed and approved and any required retention site and necessary easements dedicated to the City. c, Sewer service must be provided to the GPA/ZC area. 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. 8 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. 9, Development of this GPA/ZC area will require turn around capability for City service vehicles at the end of Windflower Avenue to the satisfaction of the City Engineer. For orderly development. 10. Regional Transportation Impact Fee: Pay the standard commercial project, as adopted at time of development. For orderly development. Reciprocal Parkinq and Access Aqreement: 11. The applicant shall record a reciprocal parking and access agreement with the adjacent commercial property to the east prior to any future approvals. Proof of agreement shall be provided to the City Attorney office Planning Department. JS:jm S:IGPA 1 st 2006105, 1442lStaff ReportslExhibit A,1,doc Ók"'¿:1 <!;., m .- Page '¡~,iI';AI:::> --_._...~..--- 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. 4355 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 123-26) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM R-1 (ONE FAMILY DWELLING) TO C-2 (REGIONAL COMMERCIAL) ON 5.50 ACRES, PANAMA LANE, BETWEEN WIBLE ROAD AND WINDFLOWER AVENUE (ZC NO. 05-1442) PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield By: ~ kA~ DEPU Cit Clerk S :\DOCUMENT\FORMSIAOP. ORD, wpd ,?>A.K¿,¡ !!- (I' '_J <l , ..n OHICINl\