HomeMy WebLinkAboutORD NO 4390
ORDINANCE NO. 4 39 0
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING
SECTION 17.06.020 (ZONE MAP NO. 102-06) OF TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM E-5A
(ESTATE - 5 ACRE MINIMUM LOT SIZE) TO C-1 (NEIGHBORHOOD
COMMERCIAL) ZONE ON 18.79 ACRES FOR PURPOSES OF COMMERCIAL
DEVELOPMENT GENERALLY LOCATED AT THE NORTHWEST CORNER OF
SNOW ROAD AND CALLOWAY DRIVE (FILE #06-0380).
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 northwest Corner of Snow Road and Calloway Drive (APN:
492-090-34, -35, -36, and -37) as shown on Exhibit "B"; and
WHEREAS, by Resolution No.142-06 on July 20,2006 the Planning Commission
recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code
to approve Zone Change 06-0380 as delineated on attached Zoning Map No. 102-06 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 property owner has requested annexation to the City of
Bakersfield; 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 E-5A (Estate - 5 acre
minimum lot size) to C-2 (Regional Commercial) zone on 18.79 acres to allow for commercial
development 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 June 20,
2006, in accordance with CEQA; and
WHEREAS, for the above described project, an initial study was conducted and it
was determined that the proposed project would not have a significant effect on the environment
and a Negative Declaration was prepared at least 20 days prior to the public hearing, in accordance
with CECA; and
WHEREAS, the general plan designation for this area allows general commercial
development; and
WHEREAS, the City Council has considered and hereby makes the following
findings:
1. All required public notices have been given
1
!( fO~/(~-9
o %
)0. -
.... m
_ r-
c,,) 0
ORIGINAL
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 Planning Commission determined that the C-1 (Neighborhood Commercial)
zone, not the C-2 zone was a more appropriate zone for the project to provide
commercial services to the surrounding residential area.
5. The public necessity, general welfare and good zoning practice justify the
requested change of zone from the existing zoning district to C-1 (Neighborhood
Commercial) zone.
6. The overall design of the project, as conditioned, is consistent with the goals and
policies of all elements of the general plan.
7. The conditions of approval are necessary for orderly development or to provide
for the public health, welfare and safety.
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.
102-06 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.
---------000---------
2
!( fOA/(~-9
o %
>- -
I- m
- r-
(.) 0
ORIGINAL
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
OCT 2 5 ZC10fPY the following vote:
c;-~
NOES:
ABSTAIN:
ABSENT:
v-- -- ...--
COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
I---
PAMELA A. McCARTHY, C
CITY CLERK and Ex Officio erk of the
Council of the City of Bakersfield
APPROVED
OCT 2 5 2006
HARVEY L. HALL
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
BY:fJ;uac m ~
Exhibits:
A. Conditions
B. Location Map with Zoning
C.Zone Map 102-06
D. Legal Description
10/6/2006
WI \ S:\ZoneChange\yr 2006\06-0380\CC items\OZC-CC 2nd read.DOC
3
!( fOA/(~?>.
o %
>- -
I- m
_ r-
(.) 0
ORIGINAL
EXHIBIT "A"
CONDITIONS OF APPROVAL
ZONE CHANGE #06-0380
PUBLIC WORKS
1. 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 Snow Road and Calloway Drive to arterial 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 ZC area is submitted, dedication
can be provided with the map.
b. This 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 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 ZC area, showing its
proportionate share of the necessary ultimate storm drainage facilities.
c. Sewer service must be provided to the ZC area. Submit verification to the City Engineer
of the existing sewer system's capability to accept the additional flows to be generated
through development under the new land use and zoning. Install sewer main lines per
North of the River Sanitary District requirements.
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 General Plan Amendment 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.
PLANNING
4. C-1 (Neighborhood Commercial) Zoning is approved for the subject site.
5. Prior to the recordation of any land division or the approval of site grading, the
applicant/subdivider/owner shall comply with both the June 21, 2006 letter from the California
Department of Oil, Gas and Geothermal Resources and City of Bakersfield Building and Fire
Department standards. All maps submitted to the city for review and approval shall accurately show
the location of the abandoned well, building, road and any other appropriate setback lines.
For orderly develonment. !< fOA/(~-9
,.., 0 %
.).. -
By WEL S:\ZoneChangelyr 2006106-03801CC itemslExh A.docS:\ZoneChangelyr 2006106-03801CC itemslExh A. doc 5 S
ORIGINAL
EXHIBIT "A"
ZONE CHANGE #06-0380
Page 2 of 4
6. Prior to the approval of any square footage over 205,000 sq ft, a new or supplemental air quality
study must be approved by the Planning Director.
The air quality study by WZI, revised March 2006, only assessed the impacts of 205,000 sq ft of
commercial buildings over the entire 18.79 acre site. This square footage is equivalent a 0.25
floor area ratio (FAR).
The proposed project will have air pollutant emissions associated with the construction and
occupied use of the project site. There are no mitigation measures required for the project beyond
those controls required by San Joaquin Valley Air Pollution Control District (SJVAPCD). The
proposal shall continue to be subject to any new rules applicable when the proposal is submitted
to the SJV ADCD for approval. The applicable rules as of March 2006 are shown below:
a. Rules and Regulations
The San Joaquin Valley Air Pollution Control District Rules and Regulations contain several
rules which may apply to the proposed project.
i. Regulation VIII (Fugitive PM10 Prohibitions)- Regulation VIII (Rules 8011-8081) is a
series of rules designed to reduce PM 1 0 emissions (predominantly dust/dirt) generated
by human activity, including construction and demolition activities, road construction, bulk
materials storage, paved and unpaved roads, carryout and track out, etc.
If a residential project is 10.0 or more acres in area or will include moving, depositing, or
relocating more than 2,500 cubic yards per day of bulk materials on at least three days,
a Dust Control Plan must be submitted as specified in Section 6.3.1 of Rule 8021.
Construction activities shall not commence until the District has approved the Dust
Control Plan.
The project could also be subject to provisions within Rule 8021 (Construction,
Demolition, Excavation, Extraction and Other Earthmoving Activities), Rule 8031 (Bulk
Materials), Rule 8041 (Carryout and Track Out), Rule 8051 (Open Areas), Rule 8061
(Paved and Unpaved Roads), and Rule 8071 (Unpaved Vehicle/Equipment Traffic
Areas). Rule 8061 places thresholds and requirements on limiting Visible Dust
Emissions (VDE) from unpaved road segments. Rule 8071 also contains thresholds and
requirements.
ii. Rule 3135 (Dust Control Plan Fee) This rule requires the applicant to submit a fee in
addition to a Dust Control Plan. The purpose of this fee is to recover the District's cost for
reviewing these plans and conducting compliance inspections.
iii. Rule 4002 (National Emission Standards for Hazardous Air Pollutants) In the event that
any portion of an existing building will be renovated, partially demolished or removed, the
project will be subject to District Rule 4002. Prior to any demolition activity, an asbestos
survey of existing structures on the project site may be required to identify the presence
of any asbestos containing building material (ACBM). Any identified ACBM having the
potential for disturbance must be removed by a certified asbestos contractor in
accordance with CAL-OSHA requirements.
By WEL
iv. Rule 4102 (Nuisance) applies to any source operation that emits or may emit air
contaminants or other materials. In the event that the project or construction of the prQiect
fO/f\/(~
S:\ZoneChangelyr 2006106-03801CC itemslExh A. doc ~ -9~
>- -
I- m
_ r-
<..) 0
ORIGINAL
EXHIBIT "A"
ZONE CHANGE #06-0380
Page 3 of 4
creates a public nuisance, it could be in violation and be subject to District enforcement
action.
v. Rule 4103 (Open Burning) This rule regulates the use of open burning and specifies the
types of materials that may be open burned. Agricultural material shall not be burned
when the land use is converting from agriculture to non-agricultural purposes (e.g.,
commercial, industrial, institutional, or residential uses). Section 5.1 of this rule prohibits
the burning of trees and other vegetative (non-agricultural) material whenever the land is
being developed for non-agricultural purposes. In the event that the project applicant
burned or burns agricultural material, it would be in violation of Rule 4103 and be subject
to District enforcement action.
vi. Rule 4601 (Architectural Coatings) limits volatile organic compounds from architectural
coatings. This rule specifies architectural coatings storage, clean up and labeling
requirements.
vii. Rule 4641 (Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance
Operations). If asphalt paving will be used, then paving operations of this project will be
subject to Rule 4641. This rule applies to the manufacture and use of cutback asphalt,
slow cure asphalt and emulsified asphalt for paving and maintenance operations.
viii. Rule 4901 (Wood Burning Fireplaces and Wood Burning Heaters) This rule limits PM10
and PM2.5 emissions from residential development. Construction plans for residential
developments may be affected by section 5.3, specifically:
ix. ~5.3 Limitations on Wood Burning Fireplaces or Wood Burning Heaters in New
Residential Developments.
Beginning January 1, 2004,
5.3.1 No person shall install a wood burning fireplace in a new residential
development with a density greater than two (2) dwelling units per acre.
5.3.2 No person shall install more than two (2) EPA Phase II Certified wood
burning heaters per acre in any new residential development with a density
equal to or greater than three (3) dwelling units per acre.
5.3.3 No person shall install more than one (1) wood burning fireplace or
wood burning heater per dwelling unit in any new residential development
with a density equal to or less than two (2) dwelling units per acre.
x. Rule 4902 (Residential Water Heaters) This rule limits emissions of NOx from residential
developments.
xi. Rule 9510 (Indirect Source Review) This rule requires the applicants of certain
development projects to submit an application to the District when applying for the
development's last discretionary approval. The ISR rule becomes effective March 1,
2006. Projects that have not received a final discretionary approval by March 1, 2006
must submit an ISR application by March 31, 2006.
~A/(s:
With the adoption of District Rule 9510 (Indirect Source Review) on December 15, 2~, '9%
>- m
By WEL S:\ZoneChangelyr 2006106-03801CC itemslExh A.doc 5 b
ORIGINAL
EXHIBIT "A"
ZONE CHANGE #06-0380
Page 4 of 4
the District will be requiring projects subject to the rule to quantify indirect, area source,
and construction exhaust emissions and to mitigate a portion of these emissions.
Rule 9510 was adopted to reduce the impacts of growth in emissions from all new
development in the San Joaquin Valley. The emission reductions expected from the rule
allow the District to achieve attainment of the federal air quality standards for ozone and
PM10 by 2010. The District has concluded that cumulative impacts of new development
projects will be mitigated to a level that is less than significant through implementation of
Rule 9510.
7. If during construction activities or ground disturbance, archaeological or 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 Survey prepared
by HUD low Cultural Resource Associates dated February 2006.)
NORTH OF THE RIVER RECREATION and PARK DISTRICT
8. Prior to recordation of a final subdivision map or prior to issuance of a building permit on the
project site, whichever occurs first, the applicanUdeveloper for the project site shall make
application to, pay required fees, and be included in the North of the River (NOR) Maintenance
District. Written verification from NOR stating compliance with this condition shall be submitted to
the Planning Director prior to recordation of a final map or issuance of a building permit.
For orderly development.
CITY ATTORNEY
9. 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 subdivide ("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.
By WEL S:\ZoneChangelyr 2006106-03801CC itemslExh A.doc
!< fOA/(~-9
o %
>- -
.... m
- r-
(.) l:::1
ORIGINAL
it II
C ...
~ ~~
...
C &:!;:
. Exhibits "B" Location Map. Z ~" 3~ ~I'
III ~
N
0
i il il l
III
~
III
Lt) i8D co [
i I III
l III
0 III III
CO III
ct) C
0
I C
CO
0 ALNIlOO
W ALlO 3MI0 A'tM01-WO
C) it
Z
<C
J:
() ~
W III I III
Z 5 ~
0 C'
N
co
AlNtlOO
AJ.IO
III
3NV1 0
III
AlIO
J..I.N()OO
7VWO mJ:1)I-J.N~~:/
it
!( fO~/(~~
o %
~ ~
(,) ~
ORIGI~~
c
it
.-.0 ;:
OC'll
· a::
N
o
-
9~.o
!!!<(o-
lI. C'll
~~.,.:
Ll.I
lie
~C)
Z
~z:
~O'fd
uN(/)
. ',' ,,~
CQ.
0
I.
N
o.
'P'
0
Z
Q.
III
~
CD ,
C .
rS I
~ '1
.~
l! I'
.a
:c
>C I
w
I
I
I
I
I
I
oj
I
I
. I
-" I
I
I
1
I
____~__ _ _____ _ _ __ ______.J
,. . ", II." ..,
~L
I"..
_D,..
oJ _
.. ~
Uu
1111~
~ l.i ~
.
.
I
a
I w_ I
II :1 =
! ~9 ;
If II' i I ! I 5 .,
II II I I .. I i Ii . I
Ii 1:1. 3 I N I I .. I
idIIU;i~~iidl Ii! !I nl!: ~ .1 .
ill U i I i: ~ :! i I It 'II i~ II. II I ..1111 B I : I !
U ..ilS~HiUi l:i II ..;if"I~~ i:.N~ II
H~!~!;fl.!"'lo!2 li IIUj!N!! !S:s=I.i,
. . i. i · I 011 s- i.. r · It 0 It .. 0 It . ~ ~ 11t::l::l; , I" d G I
11111!il~i!ij~llill!lillll!..lill~~;iili'
. . ~
I ~ .
.?~,,," s......
..... _tlt._.. ... o....!I!__ ;;; I. ,.. 10- .,' .
... ,..... .. ~.""V"I"".'''' ...0.4:............-1......-'.'..........
..~.. ......... . a:..,u"u.'aa ......." .C4~" ~. .-11 "
ZOf'.IE CHANGE 06-0380
" . 6" ." HI
--~
.;!. .
-. I
I
. I
'f
I
I
"I
r'
. 1
I
I
I
I
,I
I
-.',.
'.~' ,I
I
I
1
..\ I
I
I ....
I
I
I
...~
c
T....
i. .
-_.-
!
.....
., . .
-~-
~;ii
a
Ii:
c
'1
. l
I .:
i
..co ~
~. .
W'" U
. ~
.
. ----
" '.
IDUIlI .
K!IiUI!Il"
l'liilll
... dlllUI
iiii.
! it III.
.... all 3~
. r- J
c,,) c:;,-
ORIGINAL I.
. I
ZONING MAP 102.06
r
Exhibits "D" Legal Description
LEGAL DESCRIPTION FOR ZONE CHANGE
Zone Change from County Zone 'E -5' (Estate, 5 Acre Minimum) to City Zone '~1' (General
Commercial), covering approximately 18.79 acres located at the northwest comer of Calloway
Drive and Snow Road in the east half of the southeast quarter of the southeast quarter of
Section 6, Township 29 South, Range 27 East, MOB & M. .
Also being Parcels 1, 2, 3, and 4 of Parcel Map No. 9585 recorded July 26,1994 in Book 46
of Parcel Maps at Page 152 in the Office of the Kem County Recorder.
Also, being Assessor'~ Parcels 492-090-34, 35, 36 and 37.
_~ ~ft./(~-9
0" ~
>- -
.... m
_ roo
c,,) t:J
ORIGINAL
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 26th day of October, 2006 she posted on the Bulletin Board at City Hall,
a full, true and correct copy of the following: Ordinance No. 4390 passed by the
Bakersfield City Council at a meeting held on the 25th day of October. 2006 and
entitled:
AN ORDINANCE ADOPTING A NEGATIVE DELCARATION AND
AMENDING SECTION 17.06.020 (ZONE MAP NO. 102-06)
OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL
CODE BY CHANGING THE ZONING FROM E-5A ESTATE-
5 ACRE MINIMUM LOT SIZE) TO C-1 (NEIGHBORHOOD
COMMERCIAL) ZONE ON 18.79 ACRES FOR PURPOSES OF
COMMERCIAL DEVELOPMENT GENERALLY LOCATED
AT THE NORTHWEST CORNER OF SNOW ROAD AND
CALLOWAY DRIVE (FILE #06-0380).
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By: ~ ~x.
DEPU Y Cit Clerk
S:\DOCUMENT\FORMS\AOP .ORD.wpd
~ ~AI(C'1>
C) %
,:)... -
I- m
- r-
(,) (:)
ORIGINAL