HomeMy WebLinkAboutORD NO 4462
ORDINANCE NO.
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 RS-20A
(RESIDENTIAL SUBURBAN-20 ACRES MINIMUM ZONE) TO
C-1/PCD (NEIGHBORHOOD COMMERCIAUPLANNED
COMMERCIAL DEVELOPMENT COMBINING ZONE) ON 1.55
ACRES, LOCATED ALONG THE SOUTH SIDE OF TAFT
HIGHWAY, WEST OF MOUNTAIN RIDGE ROAD (FUTURE
ALIGNMENT), GENERALLY BETWEEN ASHE ROAD AND
STINE ROAD. (ZC NO. 07-0514). (Ward 6 upon annexation).
4462
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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 being annexed to the
City of Bakersfield located along the south side of Taft Highway, west of Mountain Ridge Road
(future alignment), generally between Ashe Road and Stine Road; and
WHEREAS, by Resolution No. 121-07 on July 5, 2007, the Planning Commission
recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code
to approve Zone Change No. 07-0514 as delineated on attached Zoning Map 142-03 marked
Exhibit "B", 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 RS-20A (Residential Suburban-20
acres minimum Zone) to C-1/PCD (Neighborhood Commercial/Planned Commercial
Development Combining Zone) on 1.55 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 May
18,2007, in accordance with CEQA; and
WHEREAS, the general plan designation for this area, with prior adoption of General
Plan Amendment No. 07-0514, allows light 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. 121-07, adopted on July 5,
2007:
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 withwith CEQA.
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Of\lGINAL
4. The proposed project with a C-1/PCD zone is consistent with surrounding
uses.
5. The proposed project, as shown on Exhibit "B", 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 "B".
7. 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 being annexed to the City to C-1/PCD,
the boundaries of which property is shown on Zoning Map 142-03 marked
Exhibit "B" attached hereto and made a part hereof, and are more
specifically described in attached Exhibit "C".
4. Such zone change is hereby made subject to the "Mitigation/Conditions
of Approval" listed in attached Exhibit "A", and subject to approval of
General Plan Amendment No. 07-0514.
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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Page 2 of 3
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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 regular meeting thereof held on SEP 2 6 .2007 by
the following vote:
@
ABSTAIN:
ABSENT:
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COUNCILMEMBER CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
f1-J.t.. Ll.1l::J,-C1~
PAMELA A. McCARTHY, CMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
SEP 2 6 2007
APPROVED as to form
VIRGINIA GENNARO
City Attorney
By /JIx41J1. ;#lit
Exhibit A - Mitigation/Conditions of Approval
B - Zoning Map 142-03
C - Zone Change Legal Description
MO:dc - S:\GPA 2nd 2007\07-0514\Res\Cc ZC Ord 07-0514.doc
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ORIGINAL
Exhibit A
Mitigation/Conditions of Approval
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ORIGINAL
EXHIBIT A
Mitigation/Conditions of Approval
General Plan Amendment/Zone Change No. 07-0514
Cultural Resources
1. Prior to ground disturbance activities (including grading and disking) associated with this project,
personnel associated with the grading effort shall be informed of the importance of the potential
cultural and archaeological resources (Le. 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.
2. Prior to ground disturbance activities (including grading and disking) associated with this project,
the two structures currently on the project site shall be evaluated by a professional architectural
historian in order to determine if either is considered eligible for listing in the National Register of
Historic Places. 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.
Traffic and Circulation
4. 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.
City Attornev Condition
5.
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.
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ORIGINAL
Exhibit A
GPAlZC 07-0514
Mitigation/Conditions of Approval
Page 2 of 3
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.
Public Works Conditions
6. Along with the submittal of any development plan, prior to approval of improvement plans,
tentative subdivision map, Site Plan Review, or application for a lot line adjustment or parcel
merger for any portion of this GPA area the following shall occur:
a. Provide fully executed dedication for Mountain Ridge Drive to collector standards and
Taft Highway to state highway standards for the full frontage of the area within the
GPAlZC 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
GPAlZC area is submitted, dedication can be provided with the map.
b. The GPA 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. 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.
c. 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 over-sizing 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 costs.
e. Developer is responsible for the construction of all infrastructure, both public and priv~.,"/(~~
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ORIGINAL
Exhibit A
GPAlZC 07-0514
Mitigation/Conditions of Approval
Page 3 of 3
within the boundary of the GPAlZC area. This includes the construction of any and all
boundary streets to the centerline of the street, unless otherwise specified. The
developer is also responsible for the construction of any off site infrastructure required to
support this development, as identified in these conditions. The phasing of the
construction all infrastructure will be addressed at the subdivision map stage.
For orderly development.
7. 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.
8. Payment of the proportionate share of the cost of the median for the Taft Highway 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.
9. There will be no access from Taft Highway. For orderly development.
10. The Taft Highway and Mountain Ridge Drive crossings of the Farmers Canal need widening.
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, 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.
TransDortation Facility Fee
11. Prior to issuance of a building permit, the developer shall pay a major transportation facility fee in
the amount of 35't per square foot or the fees in effect at the time of building permit approval. If
prior to issuance of a building permit said fee is merged into the regional TIF program, then
payment of the regional TIF fee will be deemed to have satisfied the intent of this condition. This
fee is imposed per City Council approved action plan to pursue funds needed to complete
construction of major transportation facilities to serve growth and development within
Metropolitan Bakersfield. For orderly development.
S:\GPA 2nd 2007\07-0514\Res\Exh A.doc
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ORIGINAL
Exhibit B
Zoning Map 142-03
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ORIGINAL
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Exhibit C
Zone Change Legal Description
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ORIGINAL
ZONE CHANGE 07-0514
BEING A PORTION OF THE NORTH 290.00 FEET OF LOT 5 IN SECTION 3,
T.31S., R.27E., M.D.M. IN THE COUNTY OF KERN, STATE OF CALIFORNIA,
ACCORDING TO THAT CERTAIN MAP ENTITLED "KERN COUNTY SALES
MAP NO.2 OF LANDS OF J.B. HAGGIN" FILED IN THE KERN COUNTY
RECORDER'S OFFICE FOR RECORD MAY 24, 1889, SAID PORTION BEING
MORE PARTICULARY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF STINE ROAD AND TAFT
HIGHWAY (STATE HIGHWAY ROUT 119), SAID POINT ALSO BEING THE
NORTHEAST CORNER OF SAID SECTION 3; THENCE N.890 04' 33" W.
ALONG CENTERLINE OF SAID TAFT HIGHWAY, 2642.45 FEET; THENCE
S.OOo 45' 39" W. ALONG THE EAST LINE OF SAID LOT 5, 30.00 FEET, TO A
POINT ON THE SOUTH RIGHT OF WAY LINE OF SAD TAFT HIGHWAY AND
THE TRUE POINT OF BEGINNING;
1) THENCE CONTINUING S.OOo 45' 39" W. ALONG SAID EAST LINE,
260.00 FEET;
2) THENCE N.890 04' 33" W., 260.00 FEET;
3) THENCE N.OOo 45' 39" E. 260.00 FEET TO A POINT ON THE SOUTH
RIGHT OF WAY LINE OF SAID TAFT HIGHWAY;
4) THENCE S.890 04' 33" E. ALONG SAID SOUTH RIGHT OF WAY LINE
OF SAID TAFT HIGHWAY, 260.00 FEET TO THE TRUE POINT OF
BEGINNING. .
CONTAINING 1.55 ACRES, MORE OR LESS
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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 27TH day of September. 2007 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4462 passed by the
Bakersfield City Council at a meeting held on the 26TH day of September. 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 RS-20A
(RESIDENTIAL SUBURBAN-20 ACRES MINIMUM ZONE)
TO C-1/PCD (NEIGHBORHOOD COMMERCIAL/PLANNED
COMMERCIAL DEVELOPMENT COMBINING ZONE) ON
1.55 ACRES, LOCATED ALONG THE SOUTH SIDE OF TAFT
HIGHWAY, WEST OF MOUNTAIN RIDGE ROAD (FUTURE
ALIGNMENT), GENERALLY BETWEEN ASHE ROAD AND
STINE ROAD. (ZC NO. 07-0514). (WARD 6 UPON ANNEXATION).
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
BY:~~~
DEPUTY City Clerk
S:\DOCUMENT\FORMS\AOP .0RD.wpd
ORDINANCE NO.
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 RS-20A
(RESIDENTIAL SUBURBAN-20 ACRES MINIMUM ZONE) TO
C-1/PCD (NEIGHBORHOOD COMMERCIAUPLANNED
COMMERCIAL DEVELOPMENT COMBINING ZONE) ON 1.55
ACRES, LOCATED ALONG THE SOUTH SIDE OF TAFT
HIGHWAY, WEST OF MOUNTAIN RIDGE ROAD (FUTURE
ALIGNMENT), GENERALLY BETWEEN ASHE ROAD AND
STINE ROAD. (ZC NO. 07-0514). (Ward 6 upon annexation).
4462
lI., ..
r--' POSTED ON
; ~, ?-7,07
by City Clerk's Office
City of
Bakersfield
by
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 being annexed to the
City of Bakersfield located along the south side of Taft Highway, west of Mountain Ridge Road
(future alignment), generally between Ashe Road and Stine Road; and
WHEREAS, by Resolution No. 121-07 on July 5, 2007, the Planning Commission
recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code
to approve Zone Change No. 07-0514 as delineated on attached Zoning Map 142-03 marked
Exhibit "B", 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 RS-20A (Residential Suburban-20
acres minimum Zone) to C-1/PCD (Neighborhood Commercial/Planned Commercial
Development Combining Zone) on 1.55 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 May
18, 2007, in accordance with CEQA; and
WHEREAS, the general plan designation for this area, with prior adoption of General
Plan Amendment No. 07-0514, allows light 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. 121-07, adopted on July 5,
2007:
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 withwith CEQA.