HomeMy WebLinkAboutORD NO 4402
ORDINANCE NO. J 40 2"
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION
AND AMENDING SECTION 17.06.020 (ZONING MAP 123-27)
OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL
CODE BY CHANGING THE ZONING FROM A-20A
(AGRICULTURAL 20-ACRE MINIMUM LOT SIZE) TO M-1
(LIGHT MANUFACTURING) ON 25.71 ACRES AND R-1 (ONE-
FAMILY DWELLING) ON 15.49 ACRES, LOCATED AT THE
NORTHEAST CORNER OF MCCUTCHEN ROAD AND ASHE
ROAD (ZC NO. 06-0456).
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 that certain property within the City of Bakersfield
generally located at the northeast corner of McCutchen Road and Ashe Road; and
WHEREAS, by Resolution No. 193-06 on September 21,2006, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve Zone Change No. 06-0456 as delineated on attached Zoning Map
123-27 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 A-20A (Agricultural 20-Acre
Minimum Lot Size) to M-1 (Light Manufacturing) on 25.71 acres and R-1 (One-Family Dwelling)
on 15.49 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
August 4, 2006, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows for light industrial and low
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. 193-06, adopted on
September 21, 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.
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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 within the City of Bakersfield, the boundaries of which property
are shown on Zoning Map 123-27 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. 06-0456.
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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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 DEe 1 3 2006
by the following vote:
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ABSTAIN:
ABSENT:
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COUNCILMEMBER CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
APPROVED
DEe 1 3 2000
HARVEY ~. HALL
Mayor of the City of Bakersfiel
APPROVED as to form
VIRGINIA GENNARO
City Attorney
BY:~/n~
Exhibit A - Zoning Map 123-27
B - Zone Change Legal Description
C - Mitigation/Conditions of Approval
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PAMELA A. McCARTH , Me P
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield .
PH - S:\GPA 3rd 2006\06-0456\Resolutions\CC ZC Ordinance.doc
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Exhibit A
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EXHIBIT "~'
GENERAL PLAN AMENDMENT AND ZONE CHANGE
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BEING A PORTION OF LOT 5, PARCEL MAP WAIVER NO. 04-357 AS EVIDENCED BY
. CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 14,2004 AS DOCUMENT NO.
0204307843, OFFICIAL RECORDS OF KERN COUNTY, ALSO BEING A PORTION OF THE
SOUTHWEST QUARTER OF SECTION 27, TOWNSHIP 30 SOUTH, RANGE 27 EAST,
M.D,B.&M, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 27 MARKED BY A
CONCRETE MONUMENT WITH A BRASS TAG STAMPED C,O.B.;
THENCE NORTH 000 25' 08" EAST ALONG THE WEST LINE OF SAID SECTION A DISTANCE
OF 50,00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING NORTH 000 25' 08" EAST A DISTANCE OF 1469.02 FEET;
THENCE NORTH 45021' 11" WEST A DISTANCE OF 2127,49 FEET;
THENCE SOUTH 890 01'11" EAST A DISTANCE OF 1524.57 FEET, MORE OR LESS TO THE
WEST LINE OF SAID SECTION AND THE POINT OF BEGINNING.
CONTAINING 25,71 ACRES GROSS, MORE OR LESS,
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North: 645859,6649' East: 1673875.5017'
Segment #1 : Line
Course: NOo 25' 08.46"E Length: 390.751'
North: 646250.4055' East: 1673878.3541'
Segment #2 : Line
Course: 845021' 11.00"E Length: 2693.390'
North: 644357.7251' East: 1675794.6294'
Segment #3 : Line
Course: N890 01' 11.00"W Length: 405.523'
North: 644364.6577' East: 1675389.1656'
Segment #4 : Line
Course: N450 21' 11.00"W Length: 2127.489'
North: 645859.6609' East: 1673875.5029'
Perimeter: 5617.154' Area: 674\J18.69 Sq. Ft.
Error Closure: 0.0041 Course: NooI7'58"W
Error North: 0.0039 East: -0,0012
Precision 1: 1359414.743
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EXlllBIT "A"
GENERAL PLAN AMENDMENT AND ZONE CHANGE
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BEING A PORTION OF LOT 5, PARCEL MAP WAIVER NO. 04-357 AS EVIDENCED BY
CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 14,2004 AS DOCUMENT NO.
0204307843, OFFICIAL RECORDS OF KERN COUNTY, ALSO BEING A PORTION OF THE
SOUTHWEST QUARTER OF SECTION 27, TOWNSIDP 30 SOUTH, RANGE 27 EAST,
M,D.B.&M., IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA..
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 27 MARKED BY A
CONCRETE MONUMENT WITH A BRASS TAG STAMPED C.O,B,;
THENCE NORTH 000 25' 08" EAST ALONG THE WEST LINE OF SAID SECTION A DISTANCE
OF 1519.02 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING NORTH 00025' 08" EAST A DISTANCE OF 390.75 FEET;
THENCE SOUTH 450 21' 11" EAST A DISTANCE OF 2693.39 FEET;
THENCE NORTH 89001 '11" WEST A DISTANCE OF 405,52 FEET;
THENCE NORTH 45021' 11" WEST A DISTANCE OF 2127.49 MORE OR LESS TO THE WEST
LINE OF SAID SECTION AND THE POINT OF BEGINNING.
CONTAINING 15.49 ACRES GR4>SS, MORE OR LESS.
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North: 644390.6857' East: 1673864.7585'
Segment #1 : Line
Course: NOo 25' 08.46''E Length: 1469.019'
North: 645859,6655' East: 1673875.4823'
Segment #2 : Line
Course: S450 21' l1.oo"E Length: 2127.489'
North: 644364.6512' East: 1675389.1340'
Segment #3 : Line
Course: N890 01' 10.75"W Length: 1524.570'
North: 644390.7145' East: 1673864.7868'
Perimeter: 5121.078' Area: 1119756.84 Sq. Ft.
Error Closure: 0.0404 Course: N2021'55"W
Error North: -0.0288 East: -0.0283
Precision 1: 126900.492
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Exhibit e
Mitigati()n/C()nditi()ns ()f Appr()val
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EXHIBIT C
Mitigation/C()nditi()ns ()f Appr()val
General Plan AmendmentlZ()ne ehange N(). ()6-()456
MITIGATION MEASURES FROM NEGATIVE DEeLARATION:
Cultural Resources:
1. 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.
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.
Traffic and Circulation
3. Prior to the issuance of any building permit within the GPAlZC area, the developer shall
pay the applicable Regional Transportation Impact Fee (RTIF) to the satisfaction of the
City of Bakersfield Public Works Department. Mitigation for potentially significant traffic
and circulation impacts,
4. Prior to issuance of the first building permit within the GPAlZC area, the developer shall
pay the proportionate share of the following mitigation measures (not paid for by the
Regional Transportation Impact Fee nor included with normal development
improvements) as indicated in Table 7 of the traffic study (Ruettgers & Schuler Civil
Engineers, March 2006). 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.
Proportionate shares based on PM peak trips from the study are as follows:
a. Reliance Drive & Panama Lane: Add 1 SBL 1, 3.8% share
b, Ashe Road & Panama Lane: Add 1 SBL 1, 5.08% share
Notes: NB - north bound, SB - south bound, WB - west bound, EB - east bound
L - Left turn lane, T - Through lane, R - Right turn lane
1 Striping Only
Mitigation for potentially significant traffic and circulation impacts.
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Exhibit C
GPAlZC No. 06-0456
Mitigation/Conditions of Approval
ADDITIONAL CONDITIONS OF APPROVAL:
Public Works:
5. Along with the submittal of any development plan, prior to approval of improvement
plans, or with the application for a lot line adjustment or parcel merger, the following
shall occur:
a. Provide fully executed dedication for Ashe Road and McCutchen Road to arterial
standards for the full frontage of the area within the GPA request. Provide fully
executed dedication for Ashe Road from the north boundary of the GPAlZC area
to Berkshire Road, and for McCutchen Road from the east boundary of the
GPAlZC area to Mountain Ridge Drive. 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.
b. Submit a comprehensive drainage study to be reviewed and approved by the
City Engineer. This GPAlZC 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
GPAlZC 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 GPAlZC area, showing its proportionate
share of the necessary ultimate storm drainage facilities. The study shall be
approved and any required retention site and necessary easements dedicated to
the City,
c. 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.
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 2 of 5
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Exhibit C
GPAlZC No. 06-0456
Mitigation/Conditions of Approval
6. 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.
7. Payment of median fees for the arterial frontage of the property within the GPAlZC
request is required prior to recordation of any map or approval of any improvement plan
for the GPAlZC area. For orderly development.
a, Access to the project area from McCutchen Road 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 a-foot 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. For orderly development.
9. Access to the arterial 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.
10. Construct one additional northbound lane on Ashe Road from the north boundary of the
GPAlZC area to the intersection of Berkshire Road and one eastbound lane on
McCutchen Road from the east boundary of the GPAlZC area to the intersection of
Mountain Ridge Drive upon further development of the GPAlZC parcel. For orderly
development.
11. No portion of any residential lot shall be permitted within the %-mile buffer area for
Wastewater Treatment Plant NO.3 as depicted on attached Figure 1. For public health,
safety and welfare.
Page 3 of 5
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Exhibit C
GPAlZC No. 06-0456
Mitigation/Conditions of Approval
Plannina:
12, The following conditions, which address the PG&E High Pressure Gas Transmission
Pipeline which traverses the GPAlZC area, shall be met to the satisfaction of the
Planning Director:
a. Concurrently with recordation of any phase of a tract map that includes the
pipeline easement or portion thereof, the subdivider shall show the easement on
the final map with a notation that structures including accessory buildings and
swimming pools are prohibited within the easement and shall record a
corresponding covenant.
b. Prior to or concurrently with recordation of any phase of a tract map that includes
the pipeline easement of portion thereof, the subdivider shall show on the final
map that no habitable portion of a structure will be built within 50 feet of a gas
main, or transmission line, or refined liquid product line with 36 inches of cover,
and shall record a corresponding covenant.
c. No structure shall be built within 40 feet of a hazardous liquids pipeline bearing
refined product, with 48 inches or more of cover. If a pipeline meets this criteria,
the 40-foot setback line shall be shown in the final map and a corresponding
covenant shall be recorded prior to or concurrently with recordation of any phase
that is affected.
d, Prior to or concurrently with recordation of any phase of a tract map within 250
feet of the pipeline easement, the subdivider shall record a covenant disclosing
the location of the pipeline on all lots of the subdivision within 250 feet of the
pipeline.
For public health, safety and welfare.
City Attornev:
13. 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
Page 4 of 5
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ORIGINAl.
Exhibit C
GPAlZC No. 06-0456
Mitigation/Conditions of Approval
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
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(~.Gn'iXtl.Ct)
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 14th day of December , 2006 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4402 passed by the
Bakersfield City Council at a meeting held on the 13th day of December, 2006 and
entitled:
ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING
SECTION 17.06.020 (ZONING MAP 123-27) OF TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM
A-20A (AGRICULTURAL 20-ACRE MINIMUM LOT SIZE) TO M-1 (LIGHT
MANUFACTURING) ON 25.71 ACRES AND R-1 (ONE-FAMILY DWELLING)
ON 15.49 ACRES, LOCATED AT THE NORTHEAST CORNER OF
MCCUTCHEN ROAD AND ASHE ROAD (ZC NO. 06-0456)
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
...
BY:~~
DEPU City lerk
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