HomeMy WebLinkAboutORD NO 4403
ORDINANCE NO.
~403
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION
AND AMENDING SECTION 17.06.020 (ZONING MAP 123-28)
OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL
CODE BY CHANGING THE ZONING FROM A (AGRICULTURE)
TO M-1 (LIGHT MANUFACTURING) ON 41-ACRES AND R-2
(LIMITED MULTIPLE FAMILY DWELLING) ON 39-ACRES,
GENERALLY LOCATED ON THE NORTH SIDE OF
MCCUTCHEN ROAD, APPROXIMATELY 1/4-MILE WEST OF
ASHE ROAD. (ZC 06-0463).
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 north side of McCutchen Road, approximately 1/4-mile
west of Ashe Road; and
WHEREAS, by Resolution No. 195-06 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. 06-0463 as delineated on attached Zoning Map
123-28 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 (Agriculture) to M-1
(Light Manufacturing) on 41-acres and R-2 (Limited Multiple Family Dwelling) on 39-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 11, 2006, in accordance with CECA; and
WHEREAS, the general plan designation for this area allows multiple family
residential and industrial 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. 195-06, 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.
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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 CECA 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 123-28 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.
06-0463.
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 7nnFi
by the following vote:
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NOES:"
ABSTAIN:
ABSENT:
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COUNCILMEMBER CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
APPROVED
DEe 13 2006
PAM~Rfdj;;;! f
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
HARVEY L. HALL
Mayor of the City of Bakersfi
APPROVED as to form
VIRGINIA GENNARO
City Attorney
BY:~I/h~
Exhibit A - Zoning Maps 123-28
B - Zone Change Legal Description
C - Mitigation/Conditions of Approval
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Exhibit A
Zoning Map 123-28
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ZONING MAP 121-28
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CITY OF BAKERSFIELD ZONING DISTRICT DESIGNATIONS
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R-1 One Family Dwelling C-o Professional and AdministratiC>n Offioe
6,000 sq.fl minimum IC>t size Neighborhood Ce>mmercial .
C-1
E Estate
10,000 sq.fl minimum lot size C-2 Regional Commercial
R-S Residential Suburban c-c Ce>mmercialCenter
24,000 sq.fl/dwelling unit
C-B Central Business
R-S-1A Residential Suburban
1 acre minimum lot size PCD Planned Commercial DevelC>pment
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 ,ize M-3 Heavy Industrial
R-S-10A Residential Suburban P AutorT\C)bile Parking
10 acre minimum lot size
RE Recreation
R-2 Limited Multiple Family OwelUng
4,500 sq.fl min lot size (single family) Ch' Church Overtay
6,000 sq.fl min lot size (multifamily) .,
2,500 sq.fllot area/dwelling unit OS Open Space
R-3 Limited Multiple Family Dwelling HOSP Hospital Ovel1ay
6,000 sq.fl minimum lot size
1,250 sq.fllot area/dwelling unit AD ArchitectUral Design Overlay
R-t Limited Multiple Family Dwelling FP.p Floodplain Primary
6,000 sq.ft. minimum lot size
600 sq.fllot area/dwelling unit FP-S Floodplain Secondary
R-H Residential Holding AA Airpe>rt Approach
20 acre minimum lot size
D' Drilling Island
A Agriculture
6,000 sq.ft. minimum lot size PE Petroleum ExtactiC>n Ce>mbiriing
A-20A Agriculture SC Senior Citizen Overlay
20 acre minimum lot size
HD Hillside Development Combining
PUD Planned L!nit Development
TT Travel Trailer Park
MH Mobilehome
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Exhibit B
Zone Change Legal Description
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GENERAL PLAN AMENDMENT/ZONE CHANGE
LEGAL DESCRIPTION
PARCEL-A
From Ag to M-l
BEING THE SOunI HALF OF THE WEST HALF OF THE SOUTHEAST
QUARTER OF SECTION 28, T. 30 S., R.. 27 E., M.D.M., IN TIlE COUNTY OF
KERN, STATE OF CALIFORNIA.
Contains: 41* GROSS ACRES
PARCEL-B
From Ag to R-2
BEING THE NORTH HALF OF THE WEST HALF OF TIlE SOUTHEAST
QUARTER OF SECTION ~8, T. 30 S., R.. 27 E., M.D.M., IN TIlE COUNTY OF
KERN, STATE OF CALIFORNIA.
Contains: 40%: GROSS ACRES
OPAIZC-McCutchen&Oosford-Lgl
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Exhibit C
Mitigation/Conditions of Approval
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Exhibit C
Conditions of Approval
GPAlZC 06-0463
Page 1 of 4
EXHIBIT C
Conditions ()f Appr()val
General Plan AmendmentlZ()ne Change No. 06-0463
MITIGATION MEASURES FROM NEGATIVE DECLARATION:
Cultural Impact Mitioation Measures:
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 were 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 Impact Mitiqation Measures:
3, Prior to 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 potentially significant traffic and circulation impacts,
4, 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, 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. The recommended mitigations can be found in Table 1:
Table 1
Future Intersection Impr()vements and L()cal Mitigati()n
Local Mitigation Project % Share
# Intersection Total Improvements Required by (Improvements for Local
2030 not covered by Mitigation
RTIF)
1 Gosford Road and 1 SBL 1 SBL1 2,88%
Harris Road
2 Ashe Road and Install Signal Install Signal 3,65 %
Harris Road
3 Reliance Drive and Install Signal- 1 EBT, 1 WBL, 1 1 SBL1 4.45 %
Panama Lane NBL2,1 SBL
4 Reliance Drive and Install Signal- 1 EBL, 1 SBR Install Signal, 1 5.9%
McCutchen Road SBR
Notes: c ~
NB = Northbound, SB = Southbound, WB = Westbound, EB = Eastbound
L = Left Turn Lane, T = Through Lane, R = Right Turn Lane ~
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Exhibit C
Conditions of Approval
GPAlZC 06-0463
Page 2 of 4
Striping Only
21ntersection will be built to ultimate width with adjacent development to the south
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 McCutchen Road to arterial standards and Berkshire Road
and Reliance Drive to collector standards for the full frontage of the area within the GPA request.
Provide fully executed dedication for McCutchen Road from the east boundary of the GPAlZC
area to the intersection of Ashe Road, 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
GPAlZC area is submitted, dedication can be provided with the map, For orderly development,
b, Submit a comprehensive drainage study to be reviewed and approved by the City Engineer,
The south side of McCutchen shall be included in the drainage area for this study, No more
than 1 sump may be utilized to serve this area; this sump may be located so that it is available to
serve adjacent areas as they develop, The study shall be approved and any required retention
site and necessary easements dedicated to the City, For orderly development,
c, 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,
d, 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, For
orderly development,
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,
8, This site has no improved access, 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
the appropriate City design standards, with 8' 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 developme~fPAI(C"'9
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Exhibit C
Conditions of Approval
GPAlZC 06-0463
Page 3 of 4
9, Local Mitigation: 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, 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 PM peak trips from study as follows:
o Gosford Rd & Harris Rd, Add 1 SBL 1, 2,88% share
o Reliance Dr & Panama Ln, Add 1 SBL 1, 4.45% share
o Ashe Rd & Panama Ln, Add 1 SBL 1, 3,6% share2
o Reliance Dr & McCutchen Rd, Install signal, Add 1 SBR, 5.9% share
For orderly development.
10. Regional Transportation Impact Fee: Pay the standard residential and industrial fees, as adopted at
time of development. For orderly development.
11, Construct full improvements on the north side of McCutchen Road from the east boundary of the
GPAlZC area to the intersection of Ashe Road upon further development of the GPAlZC parcel. For
orderly development,
Planninq Department Conditions
11, Residential Structures shall not be permitted within the % -mile buffer area for Wastewater
Treatment Plant No, 2 as depicted on attached Figure 1, For public health, safety and welfare.
Fire Safety Division:
12, Pipeline Easements,
. Concurrently with recordation of any phase that includes the pipeline easements or portions
thereof, subdivider shall show the easements on the final map with a notation that structures
including accessory buildings and swimming pools, are prohibited within the easements and
record a corresponding covenant. For orderly development.
. Prior to or concurrently with recordation of any phase that includes the pipeline easements of
portions thereof, subdivider shall show on the final map that no habitable portion of a structure
may be built within 50 feet of a gas main, or transmission line, or refined liquid product line with
36 inches of cover, and record a corresponding covenant. For orderly development,
. No structure may be within 40 feet of a hazardous liquids pipeline bearing refined product, within
48 inches of 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, For orderly development,
. Prior to or concurrently with recordation of any phase within 250 feet of pipeline easements,
subdivider shall record a covenant disclosing the location of pipelines on all lots of this
subdivision within 250 feet of the pipelines, For orderly development,
City Attorney:
1 Striping only,
2 Added based on review of adjacent project traffic study, GP A 06-0456
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Exhibit C
Conditions of Approval
GPAlZC 06-0463
Page 4 of 4
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 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,
JS:S:\GPA 3rd 2006\06-0463\Staff Reports\Exhibit A-1,doc
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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, 4403 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 123-28) OF TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM
A (AGRICULTURE) TO M-1 (LIGHT MANUFACTURING) ON 41-ACRES AND
R-2 (LIMITED MULTIPLE FAMILY DWELLING) ON 39-ACRES, GENERALLY
LOCATED ON THE NORTH SIDE OF MCCUTCHEN ROAD, APPROXIMATELY
~-MILE WEST OF ASHE ROAD (ZC 06-0463)
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
BY;~~~ ~~
DEP TY C y Clerk
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