HomeMy WebLinkAboutORD NO 4440
ORDINANCE NO. 4 4 4 0
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION
AND AMENDING SECTION 17.06.020 (ZONING MAP 142-03)
OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL
CODE BY CHANGING THE ZONING FROM A (AGRICULTURE)
TO C-2 (REGIONAL COMMERCIAL) ON 10.02 ACRES, R-1
(ONE FAMILY DWELLING) ON 24.74 ACRES, AND R-2
(LIMITED MULTIPLE FAMILY DWELLING) ON 3.72 ACRES,
GENERALLY LOCATED AT THE NORTHEAST CORNER OF
ASHE ROAD AND ENGLE ROAD (ZC NO. 06-1031).
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 upon annexation generally at the northeast corner of Ashe Road and Engle Road;
and
WHEREAS, by Resolution No. 43-07 on March 15, 2007, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve Zone Change No. 06-1031 as delineated on attached Zoning Map
142-03 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 C-2
(Regional Commercial) on 10.02 acres, R-1 (One Family Dwelling) on 24.74 acres, and R-2
(Limited Multiple Family Dwelling) on 3.72 acres, and the Council has considered said findings
as restated herein and all appear to be true and correct; and
WHEREAS, 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; and
WHEREAS, a Negative Declaration with mitigation was advertised and posted on
January 26,2007, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows residential and
commercial development on the approximately 38.48-acre project site; and
WHEREAS, the City Council has considered and concurs with the following
findings made by the Planning Commission as set forth in Resolution No. 43-07, adopted on
March 15,2007:
1. All required public notices have been given.
2.
The provisions of the California Environmental Quality Act have been
followed.
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ORIGINAL
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 surrounding land 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."
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 142-03 marked Exhibit "A" attached
hereto and made a part hereof, and are more specifically described in
attached Exhibit liB ".
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.
06-1031.
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 passed and adopted, by the Council of
the City of Bakersfield at a reg~r meting th,Of ~Id on June 6, ~7 by ~ following vote:
~ COUNCILMEMBER CARSON. BENHAM. WEIR. COUCH. HANSON. SULLIVAN. SCRIVNER
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER rill I) 5" 0 I")
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PAMELAA. McCARTHY C
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
JUN 6 2007
HARVEY L. ALL
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
By. ;8!)fA%'M ~
Exhibit A - Zoning Map 142-03
B - Zone Change Legal Description
C - Mitigation/Conditions of Approval
CG - S:\GPA 1st 2007\06-1031\Resolutions\CC ZC Ordinance 06-1031.doc
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ORIGINAL
Exhibit A
Zoning Map 142-03
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ZONING MAP 142.03
Exhibit B
Zone Change Legal Description
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Exhibit "A"
(Zone Change No.
All those portions of Lots 25 and 26 in Section 3, Township 31 South, Range 27 East, Mount Diablo
Meridian, in the County of Kern, State of California, according to the map entitled "Kem County Sales
Map No.2 of the Lands of J.B. HAGGIN", filed May 24, 1889 in the office of the County Recorder of
said county, more particularly described as follows:
A-1 to R-2
Beginning at the Northwest comer of said Lot 25, said corner lying on the West right of way line of
Ashe Road (60 feet wide);
Thence 1)
Thence 2)
Thence 3)
Thence 4)
Thence 5)
S 89'09'51" E, 473.64 feet to the centerli ne of the existing Farmers Canal;
S 26~0'02" W along the centerline of said canal, 142.66 feet to the beginning
of a 771.21 foot radius tangent curve concave Northwesterly;
Southwesterly along said curve through a central angle of 20'34'55" an arc
distance of 277.04 feet;
S 47'5'03" W, 342.73 feet to the East rig ht of way line of Ashe Road (60 feet
wide);
N 00~5'34" E along said East right of way Ii ne, 587.28 feet to the Point of
Beginning.
Contains 3.72 acres, more or less
A-1 to C-2
Beginning at the Southwest comer of said Lot 25, said corner lying at the intersection of the North
right of way line of Engel Road (60 feet wide) and the East right of way line of Ashe Road (60 feet
wide);
Thence 1)
Thence 2)
Thence 3)
Thence 4)
N 00~5'34" E along the East right of way line of Ashe Road, 692.07 feet;
S 89' 1'00" E, 630.53 feet to the East line of said Lot 25;
S 00~5'37" W along said East line of Lot 25 , a distance of 692.07 feet to said
North right of way line of Engle Street;
N 89"11'00" W along said North right of wa y line, 630.53 feet to the Point of
Beginning.
Contains 10.02 acres, more or less
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A-1 to R-1
Beginning at the Southeast corner of said Lot 26, said corner lying on the North right of way line of
Engle Road (60 feet wide);
Thence 1)
Thence 2)
Thence 3)
Thence 4)
Thence 5)
Thence 6)
Thence 7)
Thence 8)
Thence 9)
S 89'1 '00" W along said North right of way line, 660.53 feet to the West line of
said Lot 26;
N 00~5'37" E along said west line of Lot 2 6, a distance of 692.07 feet;
N 89'1'00" W, 630.53 feet to the East righ t of way line of Ashe Road (60 feet
wide);
N 00~5'34" E along said East right of way line, 19.14 feet to the centerline of
the existing Farmers Canal;
N 47'5'03" E along the centerline of said canal, 342.73 feet to the beginning
of a 771.21 foot radius tangent curve concave Northwesterly;
Northeasterly along said curve through a central angle of 20'34'55" an arc
distance of 277.04 feet;
N 26'ltO'02" E, 142.66 feet to the North Ii ne of said Lots 25 and 26;
S 89'09'51" E, 817.45 feet to the Northeast comer of said Lot 26;
S 00~5'40" W, 1298.06 feet to the Point 0 f Beginning.
Contains 24.74 acres, more or less
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ORIGINAL
Exhibit C
Mitigation/Conditions of Approval
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ORIGINAL
EXHIBIT C
Mitigation/Conditions of Approval
General Plan Amendment/Zone Change No. 06-1031
MITIGATION MEASURES FROM NEGATIVE DECLARATION:
Air Quality
1. The proposed project will have air pollutant emissions associated with the construction and
occupied use of the project site. Upon submittal of tentative tract or site plan for approval, the
applicant/developer of the project site shall submit documentation to the Planning Department that
they will/have met all air quality control measures required by the San Joaquin Valley Air Pollution
Control District.
Mitigation for potentially significant air quality impacts.
Cultural Resource Mitiaation Measures
2. If archaeological resources are encountered during the course of construction, work shall stop at
the location of the find and a qualified archaeologist shall be consulted for further evaluation. Any
measures by the archaeologist shall be complied with at that time.
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.
4. Prior to ground-disturbance activities associated with this project, personnel associated with the
grading effort shall be informed of the importance of the potential cultural and archaeological
resources (i.e. archaeological sites, artifacts, features, burials, etc.) that may be encountered
during site preparation activities, how to identify those resources in the field, and of the regulatory
protections afforded to those resources. The personnel shall be informed of procedures relating to
the discovery of archaeological remains during grading activities and cautioned to avoid
archaeological finds with equipment and not collect artifacts. The applicant/developer of the
project site shall submit documentation to the Planning Department that they have met this
requirement prior to commencement of ground-disturbance activities. This documentation should
include information on the date(s) of training activities, the individual(s) that conducted the training,
a description of the training, and a list of names of those who were trained. Should cultural
remains be uncovered, the on-site supervisor shall immediately notify a qualified archaeologist.
Mitigation for potentially significant cultural resource impacts.
Traffic Impact Mitiaation Measures
5. 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 impacts.
6. Prior to issuance of the first building permit within the GPAlZC area, the developer shall pay the ~ fQAk~?>
proportionate share contributions for the intersection and roadway improvements not covered by-o ~
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EXHIBIT C
GPAlZC No. 06-1031
Mitigation/Conditions of Approval
the RTIF as identified in Tables 7 and 8 of the project traffic study (Ruettgers & Schuler Civil
Engineers, September 2006) and in the following tables:
Stine Rd & Berkshire Rd 1 WBL 3.61%
Reliance Rd & Install Signal Install Signal 3.18%
McCutchen Rd
Stine Rd & McKee Rd Install Signal -1 WBL, 1 SBL 1 WBL 7.31%
Ashe Rd & Taft Hwy (SR Install Signal-1 EBL, 1 EBT,
119) 1 WBL, 1 WBT, 1 NBL, 1 1 NBL 19.16%
SBL
Van Horn Rd & Taft Hwy Install Signal -1 WBL, 1 NBL 1 NBL 5.96%
(SR 119)
Wible Rd & Taft Hwy (SR Install Signal-1 EBL, 1 EBT, 1 NBL 4.08%
119) 1 WBT, 1 NBL, 1 SBL
Hughes Ln & Taft Hwy Install Signal -1 WBL, 1 NBL Install Signal 4.82%
(SR 119)
Notes:
NB = Northbound WB = Westbound L = Left-Turn Lane
SB = Southbound EB = Eastbound T = Throu h Lane R = Ri ht- Turn Lane
Taft Hwy (SR 119) : Gosford Rd -Ashe Rd Add 4 lanes
Add 2 lanes
6.28%
Taft Hwy (SR 119) : Ashe Rd -Stine Rd
Add 4 lanes
Add 2 lanes
4.58%
Mitigation for potentially significant traffic impacts.
ADDITIONAL CONDITIONS OF APPROVAL:
Public Works
7. 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 and Engle Roads to arterial standards for the full
frontage of the area within the GPA request. Dedications shall include sufficient widths for
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EXHIBIT C
GPAlZC No. 06-1031
Mitigation/Conditions of Approval
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. The frontage
of the commercial portion shall be constructed as follows: with the first development phase
with frontage on Ashe Road, the Ashe Road commercial frontage shall be constructed. With
the first development phase with frontage on Engle Road, the Engle Road commercial
frontage shall be constructed. In both cases, improvements shall include paving, curb. gutter
and sidewalk. The phasing of the construction of these improvements will be addressed at the
development stage.
b. Access to the project area from the nearest fully improved public roadway is provided by a
sub-standard road. With the development of the project area, approved, improved access to
the site must be provided on Ashe Road. The required improvements shall be half width
improvements meeting City design standards for an arterial road. 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.
c. This GPAlZC area is too small to support it's 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. Submit a comprehensive drainage study of the entire
drainage area, to be reviewed and approved by the City Engineer. The study shall show the
development's proportionate share of the necessary ultimate storm drainage facilities. The
developer shall participate in the development of a Planned Drainage Area, or shall provide
some other method for the construction of the ultimate facilities satisfactory to the City
Engineer. Any required retention site and necessary easements shall be dedicated to the City.
d. Sewer service must be provided to the GPAlZC 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. Additionally, this
area is shown in the City's master sewer study as being served by the future Plant 4.
However, the sewer system serving this area can be temporarily lifted into the future Plant 3
Curnow/Romero trunk line.
e. 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. 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.
9. Payment of the proportionate share of the cost of the median 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, whichever occurs first. f1.k
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ORIGINAL
EXHIBIT C
GP AlZC No. 06-1031
MltlgationlCondltions of Approval
For orderly development.
10. The Ashe Road, Romero Road, and Taft Highway crossings of the Farmer's Canal need widening.
The Mountain Ridge Drive crossing of the Farmer's canal and the "gap" in improvements of Ashe
Road need to be constructed. Developer shall pay their proportionate share of the cost and shall
aid in the formation of a Major Bridge and Thoroughfare District for the widening of the crossings.
For orderly development.
11. The traffic study prepared by Ruettgers-Schuler Civil Engineers for a 68 unit single family
residential, 96 unit multi-family and 95,000 SF commercial development producing approximately
660 PM peak trips has been reviewed by the Traffic Division and it appears to be adequate.
Based upon the study the following mitigation measures would be appropriate:
a. 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 Tables 7 and 8 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 from the study as follows:
i. Stine Rd & Berkshire Rd, Add 1 WBL, 3.61% share
ii. Reliance Rd & McCutchen Rd, Install traffic signal, 3.18% share
iii. Stine Rd & McKee Rd, Add 1 WBL, 7.31% share
iv. Ashe Rd & Taft Hwy (SR 119), Add 1 NBL, 19.16% share
v. Van Horn Rd & Taft Hwy (SR 119), Add 1 NBL, 5.96% share
vi. Wible Rd & Taft Hwy (SR 119), Add 1 NBL, 4.08% share
vii. Hughes Ln & Taft Hwy (SR 119), Install traffic signal, 4.82% share
viii. Taft Hwy (SR 119): Gosford Rd to Ashe Rd, Add 2 lanes, 6.28% share
ix. Taft Hwy (SR 119): Ashe Rd to Stine Rd, Add 2 lanes, 4.58% share
Notes: NB - north bound, sa - south bound, WB - west bound, EB - east bound, L - Left turn
lane, T - Through lane, R - Right turn lane, 1 Striping only
b. Regional Transportation Impact Fee: Prior to the issuance of building permits, the project
applicant shall participate in the RTIF program by paying the adopted residential and
commercial fees in place at time of development.
Mitigation for potentially significant traffic impacts
Commercial Center Access IPlannino)
12. Project design shall include a local street serving the commercial area from Ashe or Engle Road
as follows:
a. A local road serving the commercial center along the northern or eastern boundary of the
proposed commercial area; the local road shall be provided between the commercial and
residential designations.
For orderly development.
Bike Circulation IPlannino)
13. Upon submittal of tentative tract maps for approval, the applicant shall provide the right of way for
a Class II bike lane at the south end of the project site along Engle Road and the right of way for a
Class II bike lane at the west end of the project site along Ashe Road.
For orderly development
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EXHIBIT C
GPA/ZC No. 06-1031
Mitigation/Conditions of Approval
Williamson Act land Use Contract Cancellation (Planning)
14. Prior to annexation of the portion of the GPAlZC area, that is under a Williamson Act land use
contract (Assessor's Parcel Number 184-220-19), the applicant shall process a contract
cancellation request through the Kern County Planning Department and obtain approval from the
Kern County Board of Supervisors.
For orderly development.
15. With submittal of a tentative subdivision map, creating parcels less than twenty acres in size on
the portion of the project site under contract (Assessor's Parcel Number 184-220-19), the
applicant/developer shall provide proof to the City of Bakersfield Planning Department that the
required Williamson Act Land Use Contract cancellation fee, as calculated by the Kern County
Assessor's Office, has been paid to the Kern County Treasurer.
For orderly development.
City Attorney
16. 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.
a. 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.
b. 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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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 7th day of June. 2007 she posted on the Bulletin Board at City Hall, a
full, true and correct copy of the following: Ordinance No. 4440 passed by the
Bakersfield City Council at a meeting held on the 6th day of June, 2007 and entitled:
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION
AND AMENDING SECTION 17.06.020 (ZONING MAP
142-03) OF TITLE SEVENTEEN OF THE BAKERSFIELD
MUNICIPAL CODE BY CHANGING THE ZONING FROM A
(AGRICULTURE) TO C-2 (REGIONAL COMMERCIAL) ON
10.02 ACRES, R-1 (ONE FAMILY DWELLING) ON 24.74
ACRES, AND R-2 (LIMITED MULTIPLE FAMILY DWELLING)
ON 3.72 ACRES, GENERALLY LOCATED AT THE
NORTHEAST CORNER OF ASHE ROAD AND ENGLE
ROAD (ZC NO. 06-1031).
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
\
By:
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