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HomeMy WebLinkAboutORD NO 4487 ORDINANCE NO. --4...4-8 7 AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONING MAP NO. 123- 32) CODE BY CHANGING THE ZONING FROM A (AGRICULTURE) TO M-1 (LIGHT MANUFACTURING) ON 45.4 ACRES, GENERALLY LOCATED AT THE NORTHWEST CORNER OF GOSFORD ROAD AND THE FUTURE MCKEE ROAD. (ZC 07-1365). 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 at the northwest corner of Gosford Road amd the future McKee Road; and WHEREAS, by Resolution No. 155-07 on September 20, 2007, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 07-1365 as delineated on attached Zoning Map 123-32 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 45.4 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 9,2007, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows for highway 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. 155-07, adopted on September 20,2007: 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 with CEQA. 4. The proposed project is consistent with surrounding uses. 1 ~ ~f>-k~-9 C) % .:... - I- m - r- <.) <::1 ORIGINAL 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. The laws and regulations relating to the preparation and adoption of Negative Declarations as set forth in CEOA, the State CEQA Guidelines, and the City of Bakersfield CEOA Implementation Procedures, have been duly followed by city staff and the Planning Commission. SECTION 1. as follows: NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield 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 123-32 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. 07-1365. 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--------- 2 ~ ~f>-k~_9 C) % .:... - I- m _ r- <.) <::1 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 JAN t 6 ?OOR by the following vote: ~ NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, BEUI hl.M, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER ~ COUNCILMEMBER ~ COUNCILMEMBER e, l-'Vl PAMELA A. McCARTHY, C CITY CLERK and Ex Officio erk of the Council of the City of Bakersfield APPROVED APPROVED as to form VIRGINIA GENNARO City Attorney By: ~11t #1r Exhibit A - Zoning Maps 123-32 B - Zone Change Legal Description C - Mitigation/Conditions of Approval JS - S:\GPA 3rd 2007\07-1365\Resolutions\CC zc Ordinance.doc 3 ~M~~ d- ~ .:... r; I- r- Q 0 ORIGINAL Exhibit A Zone Map 123-32 ~ ~f>-k~-9 C) % .:... - I- m _ r- <.) <::1 ORIGINAL . ai N" Mt'! I a: M ~.. -- geL.. ~<[o ~::E .~ III ~ iiJ(!) tl.Z o Z- C'f 'C"). >0 ' !::N~ <.) If) .. .. ~ '.S ~ i .. Q .~ . ~ ~-,' ~.~.-':" + ~ d It : ii C i=.l ::;lS~.. tWri ;;;hl i r ll~ m'i I ..I I, . ~t " I __ i it = wi ;~ =: 3 is, i ---- II. Hills : s s i' ail N .. N. ! alllft_li -3 1-- - rt~I:l3! :t J' i ....-- li!..g-U!iii!':fUI' III . ~i II I! ! --5f-~iI!.~.;I;a w'" 8...1 ,..... .21 = II 111"llibi.&i~Ui r:ill it ~~N~; I_ i IS i-~~:~1lo!!r="i.22ii "Ifii 2:i5IZJ!wel -15 "-t:;J- 1'9.,5 w....,., z..._1 w~ ....WN ~WI ;::t;::tit~ .cIN~a:tlf 2-... "5~~ 05; 2~W :i :iig~ i ~~2 i:t"8'~~ 8 ~~ All i"~ d~! N ~ ~ ~! ..=! e~f: ...;:- X NW.O~U ".0 -........ JUu <11II oJ .. ':! " .. ~ i!< .. I.... ..:-It.. .. 5. e c .... :ri :; 550:...: ~ ~ :; II...... oXI B.,,=~,,_-_zol"'lul"'~ ~uvl~---2 .... ii~li i i!~ ~!il ~i ! !!-~'~ li~ i~~' i I ~~ ~5!1 J 2 --- .,..- ~,.r .~ -.....- ,~. ~: I; "... ...-.. .... . eeE CeRe c lie d .. :!i 0: ... .. , ~~t~Z~~~;!rc:~~fo~:~~.~1 ~.. ~Z'ON~ CHANGE-O-? -:1365 ...-."\ . tt - t~t ""'; ""f I ..- I . :::IE e <C a- I I Ii: , :! if. , ii: .-, , >'-.' I - , '" . -~'...l!' < ;.' . ~ tt'rn ",,"'.~ i l I .:. Of' -..-o--L ' . 'f i " .. I : :; , ~ , u r__________ ! cl: :: ... ~ ~ ~ . .:; ,------ --:-- , I " T, f'" _-~.J I . 1 1 r I. , -'---I T r 1 .l r I .... u .-- II;; Ii II!.' ....ii i:iljiji .. r"fll!~ jj:=- " '~5U~ Ifl I J 't +' ZONING MAP T 23-32 -9($l ~ .:... m '= r- <.) <::1 ORIGINAL Exhibit B Zone Change Legal Description ~ ~f>..k~-9 C) % >- - f-- ITI _ r- <.) <::1 ORIGINAL . . LEGAL DESCRIPTION ZONE CHANGE "A" TO "M-1" PARCEL B OF PARCEL MAP 9739, IN THE UNINCORPORATED AREA OF THE COUNTY OF KERN, STATE OF CALIFORNIA, RECORDED JUNE 23,1994, IN BOOK 46, PAGES 144 AND 145 OF PARCEL MAPS, OF THE OFFICIAL RECORDS OF THE COUNTY OF KERN. CONTAINING 45.4 ACRES, MORE OR LESS MORELAND CONSULTING, INC. c~tS;? RCE 17169 EXP: 6/30/09 ~ ~f>-k~-'9 C) ~ .:... - I- m _ r- <.) <::7 ORIGINAL Exhibit C Mitigation/Conditions of Aproval ~ ~f>-k~-9 C) ~ .:... - I- rn _ r- <.) <::1 ORIGINAL EXHIBIT C Mitigation/Conditions of Approval General Plan Amendment/Zone Change No. 07-1365 MITIGATION MEASURES FROM NEGATIVE DECLARATION: Air Quality Mitigation Measures: 1. The proposed project will have air pollutant emissions associated with the construction and occupied use of the project site. Prior to final site plan 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. 2, Large diameter particulate matter will be generated during ready-mix operations at transfer points, and from fugitive dust associated with vehicle movement. These materials may soil parked cars, landscaping, or outdoor furniture near the plant. Upon submittal of tentative tract map application, the applicant shall demonstrate compliance with the following measures to the satisfaction of the Planning Director (applicable measures shall be included on grading and improvement plans and shall be implemented during construction): a, Very heavy tree planting along the northern shared property line with the batch plant. Mitigation for potentially significant air quality impacts. b, Air conditioning fans sized to accommodate oversized dust filters, Mitigation for potentially significant air quality impacts, c, Disclosure of plant proximity and of infrequently perceptible odor shall be included in all real estate transactions, Mitigation for potentially significant air quality impacts. 3, The project site is located in a PM-10 non-attainment area. Upon submittal of tentative tract or final site plan for approval, the applicant/developer of the project site shall demonstrate compliance with the following measures to the satisfaction of the Planning Director: a, Install wheel washers for all exiting trucks, or wash off all trucks and equipment leaving the site, Mitigation for potentially significant air quality impacts. b, Install wind breaks at windward side(s) of construction areas, Mitigation for potentially significant air quality impacts. c. Suspend excavation and grading activity when winds exceed 20 mph. Mitigation for potentially significant air quality impacts, d. Limit area subject to excavation, grading, and other construction activity at anyone time. Mitigation for potentially significant air quality impacts, Cultural Impact Mitigation Measures: 4, 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 ~ ~Mc-9 C) ~ P~e1cl5 ~ ~ _ r- <.) <::1 ORIGINAL EXHIBIT C GPAlZC No. 07-1365 Mitigation/Conditions of Approval 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 impacts. 5. 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 cu/tural impacts. Traffic Impact Mitiaation Measures: 6. 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. 7. Prior to issuance of the first building permit within the GPAlZC area, the developer shall pay the proportionate share contributions for the intersection and roadway improvements not covered by the RTIF as identified in the project traffic study (Crenshaw Traffic Engineering, April 2004): a. Install traffic signal at Panama Lane and Gosford Road, Mitigation for potentially significant traffic impacts. b, Install traffic signal at Panama Road and Gosford Road. Mitigation for potentially significant traffic impacts, c, Construct north bound left turn lane pocket at Project Entrance and Gosford Road. Mitigation for potentially significant traffic impacts. d. Install street improvements along Gosford Road and McKee Road to the satisfaction of the County of Kern, Mitigation for potentially significant traffic impacts, 8, Prior to issuance of a building permit, the developer shall pay a major transportation facility fee in the amount of 35~ per square foot for commercial/industrial use 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 M ,. ~ ~-9 0- ~ .:... r;; I- r- i:.) 0 Page 2 of 5 ORIQINAb EXHIBIT C GPAlZC No. 07-1365 Mitigation/Conditions of Approval and development within Metropolitan Bakersfield. Mitigation for potentially significant traffic impacts. ADDITIONAL CONDITrONS OF APPROVAL: Public Works Mitiaation Measures: 9. 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 Gosford Road to arterial standards and McKee Road to collector standards for the full frontage of the area within the GPAlZC request. Including that portion of Gosford Road and McKee Road frontage along Kern County Assessor's parcel numbered 543-010-01, at the southeast corner of the GPAlZC area. 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, No more than 1 sump may be utilized to serve this area; this sump should be located on the periphery of the GPAlZC area so that it may be available to serve adjacent areas as they develop, If only one sump is utilized to serve this GPAlZC area, it need not be so located, The study shall be approved and any required retention site and necessary easements dedicated to the City. Study is to include the Kern County Assessor's parcel numbered 543-010-01, at the southeast corner of the GPAlZC area. For orderly development. 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. Provide a sewer study for the GPAlZC area that is in compliance with the Sewer Treatment Plant 3 Study. 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. For orderly development. 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. 10, 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 ~ ~f>-k~'9 C) ~ .:... ..... ~ge3~5 ~ ~ <.) 0 ORIGINAL EXHIBIT C GPAlZC No. 07-1365 Mitigation/Conditions of Approval subdivision map, Site Plan Review, or application for a lot line adjustment for any portion of this GPA area. For orderly development. 11, Payment of median fees for the arterial frontage, Gosford Road including the frontage of Kern County Assessor's parcel numbered 543-010-01 at the southeast corner of the GPAlZC area, 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. 12, 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. 13. The developer is to construct full half width street improvements, to city standards, along that portion of Gosford Road and McKee Road frontage of the Kern County Assessor's parcel numbered 543-010-01 at the southeast corner of the GPAlZC area, with the frontage construction within the GPAlZC area, For orderly development. 14, The McCutchen Road and Taft Hwy crossing of the Stine 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. For orderly development. 15. The Taft Highway and McKee Road at grade crossing of the Sunset Railroad need widening, Developer shall pay their proportionate share of the cost. For orderly development. 16, Prior to issuance of a building permit, the developer shall pay a major transportation facility fee in the amount of 35~ per square foot for commercial/industrial use 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. 17. Local Mitigation: No local mitigation measures were identified beyond normal frontage improvements. For orderly development. City Attornev 18, 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, ~ ~f>-k~J$> C) ~ .:... - I- m _ r- <.) <::1 ORIGINAb Page 4 of 5 EXHIBIT C GPAlZC No. 07-1365 Mitigation/Conditions of Approval 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, JS:S:\GPA 3rd 2007\07 -1365\Staff Reports\Conditions Ex A-1,doc Page 5 of 5 ~M~-9 cJ ~ .:... - I- m _ r- c.;l 0 CRI~INA6 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 17th day of ~, 2008 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No, 4487 ,passed by the Bakersfield City Council at a meeting held on the 16th day of ~ ' 2008 and entitled: AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06,020 (ZONE MAP NO 123-32) OF THE MUNICIPAL CODE BY CHANGING THE ZONING FROM A (AGRICULTURE) TO M-1 (LIGHT MANUFACTURING) ON 45,4 ACRES GENERALLY LOCATED AT THE NORTHWEST CORNER OF GOSFORD ROAD AND ATHE FUTURE MCKEE ROAD, (ZC 07-1365) PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield By:~A~~ DEPUTY City Clerk S:\DOCUMENT\FORMS\AOP .ORD. wpd 1/17/2008 ~ ~f>..k~~ c ~ ::... ,.-. I- n" _ r" (,) ~ ORIGINAL ORDINANCE NO. --4...4-8 7 AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONING MAP NO. 123- 32) CODE BY CHANGING THE ZONING FROM A (AGRICULTURE) TO M-1 (LIGHT MANUFACTURING) ON 45.4 ACRES. GENERALLY LOCATED AT THE NORTHWEST CORNER OF GOSFORD ROAD AND THE FUTURE MCKEE ROAD. (ZC 07-1365). it".,....,..,...,..._.,..~--......... I POSTED ON I' - 11/'1 ( ~ by City' Cle~k's Office I City of Bakersfield ~ ~,-~-I 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 at the northwest corner of Gosford Road amd the future McKee Road; and WHEREAS, by Resolution No. 155-07 on September 20, 2007, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No, 07-1365 as delineated on attached Zoning Map 123-32 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 45,4 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 9,2007, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows for highway 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. 155-07, adopted on September 20, 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 with CEQA. 4. The proposed project is consistent with surrounding uses. 1 ~ ~r..k~~ C) ~ .l>.. _ I- m - r- <.) <:) ORIGINAL