HomeMy WebLinkAboutORD NO 4485
ORDINANCE NO. 4 4 '8 5
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION
AND AMENDING SECTION 17.06.020 (ZONING MAP 123-29)
OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL
CODE BY CHANGING THE ZONING FROM R-2 (LIMITED
MULTIPLE FAMILY DWELLING ZONE) TO C-O
(PROFESSIONAL AND ADMINISTRATIVE OFFICE ZONE) ON
22.46 ACRES, LOCATED ALONG THE WEST SIDE OF
GOSFORD ROAD, GENERALLY BETWEEN PANAMA LANE
AND MC CUTCHEN ROAD, NORTH OF BERKSHIRE ROAD
(FUTURE ALIGNMENT). (ZC NO. 07-1218).
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
located along the west side of Gosford Road, generally between Panama Lane and McCutchen
Road, north of Berkshire Road (future alignment); and
WHEREAS, the project was duly noticed to all owners or operators, according to the
Kern County Assessor's Office, of all adjacent industrial properties in order to eliminate the
requirement for a masonry wall. Said notice was sent on August 7, 2007 for this Planning
Commission hearing; and
WHEREAS, by Resolution No. 153-07 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. 07-1218 as delineated on attached Zoning Map
123-29 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 R-2 (Limited Multiple Family
Dwelling Zone) to C-O (Professional and Administrative Office Zone) on 22.46 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 10, 2007, in accordance with CEQA; and
WHEREAS, the general plan designation for this area, with prior adoption of General
Plan Amendment No. 07-1218, allows office commercial 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. 153-07, 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 Initial Study and comments received, staff has determined that the ~ ~M~t9~
proposed project could not have a significant effect on the environment. A ~ ~
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ORIGINAL
Negative Declaration, with mitigation, was prepared for the project in accordance
with CEQA.
4. The proposed project is consistent with the surrounding land uses.
5. The proposed project, as shown on Exhibit A-2, is consistent with the
Metropolitan Bakersfield General Plan, subject to prior approval of General Plan
Amendment No. 07-1218.
6. The public necessity, general welfare and good planning practices justify the
zone change with a Planned Commercial Development overlay zone, as shown
on Exhibit A-2.
7. The proposed project provides a mechanism to obtain important vehicular and
pedestrian access to retail and food service uses from the proposed offices and
residential uses to proposed retail commercial uses to the north, which will
otherwise be walled off from one another. Vehicular and pedestrian connections
between these uses will provide significant traffic and neighborhood walkability
benefits. The ability to obtain these benefits is time sensitive and represents a
change in circumstances that warrants departure from the two year waiting
period for the zone change after the effective date of annexation.
8. The project was noticed to all owners or operators of all adjacent industrial
properties in order to eliminate the requirement for a masonry wall. Said notice
was sent at least ten days prior to this City Council hearing.
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 123-29 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" and elimination of conditions as indicated and listed in
attached Exhibit "A", and subject to approval of GPA No. 07-1218.
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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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 1 6 .10nR by the
following vote:
/AYES::> COUNCILMEMBER
~ COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
CAR~N,8E:rJII'\M, w~, CO~, HANS<)'N, SU~AN, SC~ER
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PAMELAA. McCARTHY, CMC
CITY CLERK and Ex Officio Cle
Council of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
By: ;Pbtm.~
Exhibit A - Mitigation/Conditions of Approval
B - Zoning Map 123-29
C - Zone Change Legal Description
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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. 07-1218
Cultural Resources
1. If archaeological resources are encountered during the course of construction, a qualified
archaeologist shall be consulted for further evaluation. Mitigation for potentially significant
cultural resource impacts.
2. 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.
Citv Attornev Condition
3. 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.
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
4. 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(s) to arterial standards and Berkshire
Road to collector standards for the full frontage of the area within the GPA 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.
This GPAlZC area is too small to support it's own storm drainage sump.
The City will ~t>.I(~-9
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ORIQINAL
b.
Exhibit A
GPAlZC 07-1218
Mitigation/Conditions of Approval
Page 2 of 5
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. Submit verification to the City
Engineer of the existing sewer system's capability to accept the additional flows to be
generated through development under the new land use and zoning.
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.
e. Developer is responsible for the construction of all infrastructure, both public and private,
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.
5. 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.
6. 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 use or the fee 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.
7. 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. For orderly development.
8. 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 & 8 of the traffic study. An updated estimate, based upon current costs, and fee
schedule shall be developed by the applicant and approved prior to recordation of a map or
issuance of a building permit. Proportionate shares from the traffic study as follows: ~ ~~Kt'\
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ORIGINAL
Exhibit A
GPA/ZC 07-1218
Mitigation/Conditions of Approval
Page 3 of 5
a. Gosford Rd. & White Ln., Add 1 EBL, 1 EBT, 1 WBL, 1 WBT, 1 NBL, 1 NBT, 1 SBL, 1
SBT, 0.65% share2.
b. Gosford Rd. & District Blvd., Add 1 EBL, 1 WBL, 0.94% share.
c. Gosford Rd. & Harris Rd, Add 1 SBL 1, 1.88% share.
d. Reliance Dr. & Panama Ln., Add 1 SBL 1, 1.57% share
e. Ashe Rd. & Panama Ln., Add 1SBL\ 2 SBT1, 0.94% share
f. Gosford Rd. & Taft Hwy. (SR 119), Add 2 NBL, 1 NBT, 1.47% share
g. Panama Ln., Old River Rd to Gosford Rd, add 2 lanes, 0.84% share
h. Panama Ln., Gosford Rd to Ashe Rd, Add 1 lane, 1.08% share
i. Taft Hwy. (SR 119), Old River Rd to Gosford Rd, Add 2 lanes, 0.34% share
j. Taft Hwy. (SR 119), Gosford Rd to Ashe Rd, Add 2 lanes, 0.58% share
Notes: NB - north bound, SB - south bound, WB - west bound, EB - east bound L - Left turn
lane, T - Through lane, R - Right turn lane, 1Striping only.
For orderly development.
9. 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 unit fee in place at time of development. For orderly
development.
Plannina Condition
10. Prior to Final Site Plan approval by the Planning Department, the developer of the GPA/ZC area
shall provide important vehicular and pedestrian access to retail and food service uses from the
proposed office and residential uses. This will provide significant traffic and neighborhood
walkability benefits. For orderly development.
11 . PCD Plans shall provide a public vehicular access road serving the proposed C-O development,
commercial development to the north and multiple family development to the west. The road
shall be designed to the satisfaction of the Public Works and Planning Departments to provide
vehicular and pedestrian access from the adjacent uses to the commercial center. For orderly
development.
12. PCD Plans shall depict a ten (10) foot wide landscape area between the commercial
development to the north and the proposed offices in lieu of a wall separation. For orderly
development.
13. With submittal of any tentative and/or final subdivision map filed on the project site, shall include
dedication of a full-width 60-foot local road to City standards along the western boundary of the
project site as shown in the attached exhibit.
If no subdivision map is filed, prior to occupancy of any building on the site, the applicant shall
construct said road referenced above to the satisfaction of the Public Works and Planning
Departments. For orderly development and enhanced access to the commercial center for
traffic relief and walkability.
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Exhibit A
GPAlZC 07-1218
Mitigation/Conditions of Approval
Page 4 of 5
Mitiaation/Conditions of ADDroval from GPAlZC 04-0057 that are aDDlicable to this Proiect:
14. The agricultural water wells shall be properly removed and abandoned pursuant to the latest
procedures required by the local agency with closure responsibilities for the wells. Any
associated equipment (i.e. generators and pumping materials) shall be removed off-site and
properly disposed of at a permitted landfill. A visual inspection of the areas beneath the
removed materials (if present) shall be performed. Mitigation for potentially significant short-term
construction impacts.
15. Prior to issuance of any grading permit, the Project applicant shall perform soil tests to
determine concentrations of pesticide and fungicide residues that may be present within the
Project site. Should contamination levels be in excess of acceptable Federal, State, and/or
County levels, the project applicant shall identify and implement remedial action, (subject to
approval by the City of Bakersfield and responsible regulatory agencies), to reduce
contaminants to acceptable levels. Mitigation for potentially significant agricultural impacts.
16. Prior to filing a final tract or parcel map, the developer/owner shall record a covenant for each lot
in the subdivision that prohibits the export of groundwater from the subdivision except by the
water purveyor that is serving the subdivision. Additionally, the developer/owner shall pay city
fees for inspection of installation of water facilities and City Water Availability Fees. Payment of
fees shall be made to the City on a pro-rata basis prior to final acceptance and recordation of
each phase of the project, based on the percentage of the gross acreage contained in the
particular phase to be accepted and recorded, as compared with contained in the particular
phase to be accepted and recorded, as compared with the total gross acreage within the entire
Project. All water main, service connections, and fire hydrants shall be installed by the
developer and dedicated to the City. Plans and specifications for such water mains and
appurtenances shall be prepared by and/or approval of plans for installation shall be by the City
of Bakersfield. All improvements must be installed or bonded for prior to the City issuing a letter
guaranteeing a water supply. Mitigation for potentially significant water resource impacts.
17. The developer shall include the following disclosure provision in any grant deed to any grantee
of any property within the Project site:
Grantee hereunder acknowledges and agrees that the subject property is
located in the vicinity of active industrial uses and operations, including
the production of concrete, asphalt and other construction materials.
Grantee also acknowledges that such operations are associated with
potentially objectionable elements, including dust, noise, vibration, bright
lights, unattractive visual appearance, hours of operation, and heavy truck
on Gosford Road, Panama Lane, McCutchen Road and other roads in the
area. Grantee hereby covenants to include this same paragraph in any
subsequent deed by Grantee of all or any portion of the subject property.
Planning Commission condition added for potential land use conflicts.
The followina Conditions of ADDroval from GPAlZC 04-0057 shall be eliminated:
18.
Prior to issuance of any certificate of occupancy within the area proposed to be designated as AK
HMR and zoned R-2 and/or the area proposed to be designated as MC and zoned C-2, cJ ~ S'1'<.p
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Exhibit A
GPAlZC 07-1218
Mitigation/Conditions of Approval
Page 5 of 5
developer shall construct a masonry wall, not less than six feet high, on the Project site along
the southern boundaries of the area proposed to be designated as MC and zoned C-2. The
bottom of the wall shall be at grade level of the adjacent residences. Developer, and all future
owners of the property(ies) where such wall has been installed, shall be responsible for
maintaining such wall in good condition and repair.
19. Prior to issuance of any certificate of occupancy within the area proposed to be designated as
MC and zoned C-2, the developer shall install a row of trees adjacent to the masonry wall
required by the above condition. At the time of construction of the masonry wall, developer shall
install a row of trees adjacent to such wall. All such trees shall be planted and maintained in
accordance with City site development, zoning and/or PCD standards, shall be spaced not more
than twenty (20) feet apart, and shall be of a size sufficient to exceed the height of the adjacent
wall at full growth.
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Exhibit B
Zoning Map 123-29
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Exhibit C
Zone Change Legal Description
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) 55.
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 ~ In <~ .Lt~ ' ,2008 she posted on the Bulletin Board
at City Hall, a full, true and correct copy of the following: Ordinance No. 4485 ,passed
by the Bakersfield City Council at a meeting held on the 16th day of d~. 2008
and entitled:
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND
AMENDING SECTION 17.06.020 (ZONE MAP NO. 123-29) OF TITLE 17
OF THE MUNICIPAL CODE BY CHANGING THE ZONING FROM R-2
(LIMITED MULTIPLE FAMILY DWELLING) TO C-O (PROFESSIONAL
AND ADMINISTRATIVE OFFICE) ON 22.46 ACRES LOCATED ALONG
THE WEST SIDE OF GOSFORD ROAD GENERALLY BETWEEN
PANAMA LANE AND MCCUTCHEN ROAD NORTH OF BERKSHIRE
ROAD (FUTURE ALIGNMENT) (ZC 07-1218)
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
BY:~~~
DEPUTY City Clerk
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1/17/2008
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ORIGINAL
ORDINANCE NO. 4 4 '8 5 1- POS1~IJ-C)N ---1
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AN ORDINANCE ADOPTING A NEGATIVE DECLARATION I by City Clerk's Office
AND AMENDING SECTION 17.06.020 (ZONING MAP 123-29) " City of I
OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAl.. I Bakersfield !
CODE BY CHANGING THE ZONING FROM R-2 (LIMITED I,
MULTIPLE FAMILY DWELLING ZONE) TO C-O I. bY_~_~.____
(PROFESSIONAL AND ADMINISTRATIVE OFFICE ZONE) ON ~ .- ..-----
22.46 ACRES, LOCATED Al..ONG THE WEST SIDE OF
GOSFORD ROAD, GENERALLY BETWEEN PANAMA LANE
AND MC CUTCHEN ROAD, NORTH OF BERKSHIRE ROAD
(FUTURE Al..IGNMENT). (ZC NO. 07-1218).
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
located along the west side of Gosford Road, generally between Panama Lane and McCutchen
Road, north of Berkshire Road (future alignment); and
WHEREAS, the project was duly noticed to all owners or operators, according to the
Kern County Assessor's Office, of all adjacent industrial properties in order to eliminate the
requirement for a masonry wall. Said notice was sent on August 7, 2007 for this Planning
Commission hearing; and
WHEREAS, by Resolution No. 153-07 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. 07-1218 as delineated on attached Zoning Map
123-29 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 R-2 (Limited Multiple Family
Dwelling Zone) to C-O (Professional and Administrative Office Zone) on 22.46 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 10, 2007, in accordance with CEQA; and
WHEREAS, the general plan designation for this area, with prior adoption of General
Plan Amendment No. 07-1218, allows office commercial 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. 153-07, adopted on
September 20, 2007:
1.
All required public notices have been given.
The provisions of the California Environmental Quality Act have been followed.
~M(~~
Based on the Initial Study and comments received, staff has determined that the ~ ~
proposed project could not have a significant effect on the environment. A i= rn
_ r-
o 0
ORIGINAL
2.
3.