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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 '. -. 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. <<:>t-.Kf)$l ti- ~ >- rn I- r '6 0 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. ---------000--------- Page 2 of 3 <Qf\K~-9 ~ ~ >- - t- rn _ r- o 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 SEP 2 6 .2007 by the following vote: @ ABSTAIN: ABSENT: v ........-- ~ l/' L---- f.,../" 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 <Q"'K~-9 ~ ~ >- - t- rn _ r- o D ORIGINAL Exhibit A Mitigation/Conditions of Approval ~ 'Q"'k~-9 () ~ >- - t- rn - r- o D 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. ~ 'Q"'K~-9 () ~ >- - t- rn _ r- o D 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~.,"/(~~ () ~ ~ [1i _ r <..) D 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 <Q"'K~-9 ~ ~ >- - t- rn _ r- o D ORIGINAL Exhibit B Zoning Map 142-03 <QM~-9 ~ ~ >- m t- r- "0 D ORIGINAL M'" O~ Ic.: N ~ - 90..,; ~<(- ~~: w :.: ~C> LLZ oZ~ >-0 . t:Nfi3 Co) II) :: ~ I J ., Ii i 1=..1 lid" ;X ~~ u..lli c ~; I~ + i i : --- + ! Ii: ! iw I ! ail _ ~I ~9 .; ,; II II ! I! . r ,I f , I I i ~ J Ii ~ j .. I . 11~I~Uii!Hj!~dl n! !I II,I! ~ If' 'i'!~iJil.'i~ I~'! Sf 112~~ f .Ej ~~~::..=I!I;iiiNi~~ I!~= ihHr~1 ~a &~t~tli~..cIN~'~. 2:~f~r:~if~2~r ~~~9! ~ ~j8 ;~:! ;~~ ~S Ai iU~~~~N~61! !~~r ~~~..~!Q~Q~"w.tiQ."iJ;~~~~iz:~~~'i;~w !!'II!i~j~jil!llil~L~iili!!!I~;I~~afl .. !:: ~~. '."fl' ...110_",11I0_... !.: t!' rtr :r~~ .. . ::uuuu~..BrC;'L3iot::::.:1 ZONE CHANGE 07-0514 " .", ./11 .., I I I , I I : ~ : : I f I I l_ _ _ _ _J I I I I I I I I I I. r------------ - c:l ~Ji C ~J ! -------!-------------~- I I I I , cj ~i i J c:l I ~31 ~ T- 11::. ,~ . I' I -." ..S I . I '- j , .. . .. ~ ~ ~ :- :t . ~ U! .l~.. ~l!li>1 n~~ iJ 'U lilI~!! iUi I s!;!... . ~ <<>'" ~-9 () : ~ >- ! m ZONING ~AP 142-03 0 t; ORIGINAL t- Exhibit C Zone Change Legal Description 'Qr>.k~-9 ~ ~ >- - t- rn _ r- o D 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 ~ 'Q"'k~-9 () ~ >- - t- rn - r- o 0 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.