HomeMy WebLinkAboutORD NO 4369
ORDINANCE NO. 436'9.
AN OR[)INANCE ADOPTING A NEGATIVE DECLARATION ~
AMENDING SECTION 17.06.020 {,zONE MAP NO. 102-05) OF' .
TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE
BY CHANGING THE ,zONING FROM AN A (AGRICULTURE)
ZONE TO A C-1 (NEIGHBORHOOD COMMERCIAL) ZONE ON
15 ACRES GENERALLY LOCATED AT NORTHWEST CORNER
OF SNOW ROAD AND COFFEE ROAD (FILE NO. 06-0258)
WHEREAS, in accordance with the procedure set forth in the proVisions of TI\I8
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 northwest comer of Snow Road and Coffee Road (exhibit
"B"); and
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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 agriculture to
commerCIal 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 CEQAand City of Bakersfield's CEQA Imptementation
Procedures, have been duly followed by city staff, Planning Commission and this Council; and
WHEREAS, a Negative Declaration is applicable to and appropriate for this
project and said Negative Declaration was advertised and posted on April,'24, 2006, in
accordance with CECA; and
WHEREAS, the general plan designation for this ar-ea allows commercial
development; and
WHEREAS, the City Council has consider~d and hereby makes the following
findings:
1. All required public notiees have been given.
2. The provisions of the California Environmental Cuality Act (CECA) have ~ ~p..KS'1><p
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~. Based on the absence of evidence in the f89O'd as. raquired by Section '
2t082.2 of the State of California Public'Re60uroesCode iCEOAlfor N
purpOse of documenting signlflC8nt effects, It is the conclusion of.the Lead
Agency that this project will result in impaQlS that fall below the thl8Shold c:I
significance with regard to wildlife r.esouPQ8S 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 8SSumpt\on 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 arid good zoning practice jUstify the
requested change of zone from the existing zoning district to Co1
(Neighborhood Commercial) zone. .
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5. The overall design of the project, as conditioned, is .consistent with the
goals and policies of all ele'l'8nts of the general plan.
SECTION 1.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield
as follows:
1. All of the foregoing rec~ls are hereby found to be true and Q)f'I'8Ct..
2. The Negative Declaration is hereby approv.ed and ,adopted.
3. Section 17.06.020 (Zoning Map) of the Municipal Code of the CIty d
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. W2-05
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.
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ORIGINAL
I HEREBY CERTIFY .that the foregoing Ordinance was passec:dand adopted.. ,by
the Co~Odl of the CIty of Bakersfield at a regular meeting Wlereof held on
A 16 8 a 40Q6 by the following vote:" ' "
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ABSTAIN:
ABSENT:
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COUNCILMEMBER COUCH, CARSON. BENHAM, MAGGARD. HANSON, SUWVAN, SCRMER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
AUG 3 0 2006'
APPROVED
~ HM~tfro/-
Mayor of the City of Bakersfield
APPROVED as to form
. VIRGINIA GENNARO
CIty Attomey
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exhibits:
A. Conditions.
B. Location Map.
C. Zone Map
D. Legal Description
(1M.~1 JdJiu .
PAMELA A. McCARTHY, CM~
CITY CLERK and Ex Officio Clerk of the
Council of the CIty of Bakersfield
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ORIGINAL
EXHIBIT "A"
CONDITIONS OF APPROVAL
ZONE CHANGE No. 06-0258
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 Snow Road and Coffee Road to arterial standards
for the full frontage of the area within the ZC 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 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. No more than 1 sump may be utilized to serve this area; these sumps should
be located so that they may be available to serve adjacent areas as they develop. If
only one sump is utilized to serve this ZC area, it need not be so located. The study
shall be approved and any required retention site and necessary easements dedicated
to the City.
c. 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.
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 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.
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ORIGINAL
EXHIBIT "1"
ZONE CHANGE NO. 06-0258
PAGE 2 OF 4
PLANNING
Acricultural Land
4. The following covenant shall be recorded on all final maps:
Neichborinc Business Activitv Statement
If the property you are purchasing is located near agricultural, oil, mining, manufacturing,
and other nonresidential operations, you may be subject to inconveniences or
discomforts arising from such operations to the extent allowed by law. This notice does
not waive your legal rights.
Mitigation Measure from report prepared by WZI, Inc. Consultants, "Agricultural Land
Evaluation and Conversion Assessment" (September 2005).
Air Qualitv
5. The following mitigation measures shall be utilized during the construction phase of the
project to reduce construction exhaust emissions:
5.1 Properly and routinely maintain all construction equipment, as recommended by
manufacturer manuals, to control exhaust emissions.
5.2 Shut down equipment when not in use for extended periods of time to reduce
emissions associated with idling engines.
5.3 Encourage ride sharing and use of transit transportation for construction employee
commuting to the project sites.
5.4 Use electric equipment for construction whenever possible in lieu of fossil fuel-fired
equipment.
5.5 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.
5.6 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.
5.7 All onsite unpaved roads and offsite unpaved access roads shall be effectively
stabilized of dust emissions using water or chemical stabilizer/suppressant.
5.8 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.
5.9 When materials are transported offsite, all material shall be covered, or effectively
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ORIGINAL
EXHIBIT "1"
ZONE CHANGE NO. 06-0258
PAGE 3 OF 4
wetted to limit visible dust emissions, and at least six inches of freeboard space from
the top of the container shall be maintained.
5.10 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.)
5.11 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.
5.12 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.
5.13 Any site with 150 or more vehicle trips per day shall prevent carryout and trackout.
5.14 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.
5.15 Cease grading activities during periods of high winds (greater than 20 mph over a
one-hour period).
5.16 Limit construction-related vehicle speeds to 15 mph on all unpaved areas at the
constructions site.
5.17 Implementation of carryoutltrackout mitigation measures, such as gravel pads, in
accordance with the requirements of the SJVAPCD Regulation VIII. 7.3 Mitigation
Measures for Operations.
5.18 To encourage pedestrian traffic, prior to the completion of the construction phase,
the developer shall install sidewalks throughout the project.
Air Quality Mitigation Measures from report prepared by Insight Environmental Consultants
(September 2005).
6. If any human remains are discovered, all work shall stop until the Kern County Coroner has
been notified and has evaluated the remains. If any other archaeological artifacts are
discovered during site development, all work shall stop until the find has been evaluated by a
qualified archaeologist or historian.
Mitigation measure as recommended in a Cultural Resource Survey" prepared by
Archaeological Associates of Kern County dated July 2005.
CITY A TIORNEY
7. 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 ~p..K~
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ORIGINAl
EXHIBIT "1"
ZONE CHANGE NO. 06-0258
PAGE 4 OF 4
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.
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IONING MAP 102-05
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LEGAL DESCRIPTION
COMMERCIAL
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BEING A PORTION OF THE SOUTHEAST QUARTER OF seCTION '5 OF SALeS MAP
OF LANDS OF KERN COUNTY LAND COMPANY, TOWNSHIP 29 SOUTH, RANGE 27
EAST, MOUNT DIABLO AND MERIDIAN, IN THE COUNTY OF KERN, STATE-OF
CALIFORNIA. ACCORDING TO THE OFFICIAL PLAT THEREOF AND MORE
PARTICULARLY DESCRIBED M FOLLOWS: . ,
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, COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION' S,SAlD poiNT
OF COMMENCEMENT (P.O.C.) BEING THE CENTERLINE INTERSECTION OF .'
SEVENTH STAND~D ROAD AND COFFEE ROAD; THENCE SOUTH AT A'I
BEARING OF 00--49'41- WEST AS SHOWN ON SURVEYOR'S INVESTIGATION MAP
NO. 7;';1, BOOK 6, PAGE 50, FILED IN THE KERN COUNTY SURVEYOR'S OFFICE.
SAID LINE ALSO BEING OUR BASIS OF BEARING, 2612.30 fEET TO THE eAsT
QUARTER CORNER OF SAID SECTION, THENCE SOUTH oo-49'19w V\EST ALONG
SAID CENTERLINE OF COFFEE ROAD. 1650.39 FEET TO THE TRUE POINT OF
BEGINNING (T.P.O.B.); "
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(1) THENCE NORTH 88-54'4Ow WEST, 659.99 FEET TO THE WEST aoVNDARY..
LINE OF LOT 32; . '
(2)
(3)
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(4)
CONTAINS: 16.01 ACRES
BIDART -PHASE S..cOMMERCIAL
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Merch 10. aoot=' ORIGINAI<:;'
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 31 st day of Auqust ,2006 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4369 passed by the
Bakersfield City Council at a meeting held on the 30th day of Auqust. 2006 and
entitled:
ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING
SECTION 17.06.020 (ZONE MAP NO. 102-05) OF TITLE SEVENTEEN
OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING
FROM AN A (AGRICULTURE) ZONE TO A C-1 (NEIGHBORHOOD
COMMERCIAL) ZONE ON 15 ACRES GENERALLY LOCATED AT
NORTHWEST CORNER OF SNOW ROAD AND COFFEE ROAD
(FILE NO. 06-0258)
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
BY:~~
DEPUT City lerk
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