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.
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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.
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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 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
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Exhibit A
Zone Map 123-32
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ZONING MAP T 23-32
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Exhibit B
Zone Change Legal Description
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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.
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RCE 17169 EXP: 6/30/09
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Exhibit C
Mitigation/Conditions of Aproval
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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
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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
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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
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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,
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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,
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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
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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).
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I POSTED ON
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by City' Cle~k's Office
I City of
Bakersfield
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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 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.
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