Loading...
HomeMy WebLinkAboutORD NO 4503 ORDINANCE NO. 4 5 0 3 AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO. 123-36) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM A C-1 (NEIGHBORHOOD COMMERCIAL) TO A C-2/ PCD (REGIONAL COMMERCIAU PLANNED COMMERCIAL DEVELOPMENT) ZONE ON 13 ACRES TO ALLOW COMMERCIAL DEVELOPMENT GENERALLY LOCATED ON THE SOUTH SIDE OF HOSKING AVENUE, ON BOTH SIDES OF HUGHES LANE. (FILE # 07-1724) WHEREAS, in accordance with the procedure 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 on the south side of Hosking Avenue, and both sides of Hughes Lane (Exhibit "2"), as shown on Exhibit "2"; and WHEREAS, by Resolution No.26-08 on February 7,2008, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 07-1724 as delineated on attached Zoning Map No. 123-36 marked Exhibit "3", by this Council and this Council has fully considered the recommendations made by the Planning Commission as set forth in that Resolution; 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 change the zoning from C-1 (Neighborhood Commercial) zone to a C-2/PCD (Regional Commercial/Planned Commercial Development) zone on13 acres to allow commercial development and the Council has considered said findings and all appear to be true and correct; and WHEREAS, the law and regulations relating to the preparation and adoption of Negative Declarations, as set forth in CEQA and City of Bakersfield's CEQA Implementation Procedures, have been duly followed by city staff, Planning Commission and this Council; and WHEREAS, a Negative Declaration was advertised and posted on January 17, 2008, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows general commercial development; and findings: WHEREAS, the City Council has considered and hereby makes the following 1. All required public notices have been given 2. The provisions of the California Environmental Quality Act (CEQA) have been followed. 3. The public necessity, general welfare and good zoning practice justify the requested change of zone from the existing zoning district to C-2/PCD zone. 1 <o"'K~1> cJ ~ >- m I- r- -0 D ORIGINAL 4. The overall design of the project, as conditioned, is consistent with the goals and policies of all elements of the general plan. 5. The conditions of approval, attached hereto as Exhibit "1" are needed to provide for orderly development, and the public health, welfare and safety; and 6. Pursuant to BMC Section 17.54.070 for PCD find that: A. The proposed planned commercial development zone and preliminary development plan is consistent with the General Plan and objectives of this ordinance. B. The proposed development will constitute a commercial environment of sustained desirability and stability, and it will compliment and harmonize with the character of the surrounding neighborhood and community. C. The proposed development justifies exceptions from the normal application of this code in that it integrates such elements as the location of structures, circulation pattern, parking, landscaping and utilities, together with a program for provision, operation and maintenance of all areas, improvements, facilities and services provided on the property. 7. Conditions of approval are necessary to provide for the public health, welfare and safety. SECTION 1. as follows: NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield 1. All of the foregoing recitals are hereby found to be true and correct. 2. The Negative Declaration is hereby approved and 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. No. 123-36 marked Exhibit "3" attached hereto and made a part hereof, and are more specifically described in attached Exhibit"4". 4. Such zone change is hereby made subject to the conditions of approval listed in attached Exhibit "1". 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. 2 <0 t>.K ~ 1> cJ ~ -- >- rn I- r- "0 D ORIGINAL ---------000-------- 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 APR 0 9 2iJOB by the following vote: cz~ S: ABSTAIN: ABSENT: COUNCILMEMBER: COUNCILMEMBER: COUNCILMEMBER: COUNCILMEMBER: CARs6'N. BEN~, wEt( CO~, HA~N. SUL~AN. SC~ER ~ f\ t'rYo lL f\^^- ~ APPROVED as to form VIRGINIA GENNARO City Attorney By. ~ 'In A/vr, Exhibits: 1. Conditions. 2. Location Map. 3. Zone Map 4. Legal Description Jeng \ S:\ZoneChange\yr 2007\07 -1724\CC\OZC-CC.DOC March 14, 2008 3 <0 t>.K ~ 1> cJ ~ >- rn I- r "0 D ORIGINAL EXHIBIT 1 CONDITIONS OF APPROVAL ZONE CHANGE 07-1724 PUBLIC WORKS 1. 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 Hosking Avenue to arterial standards and Hughes Lane 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. b. Reconstruct Hosking Avenue for the frontage from the centerline of the street to the flowline to arterial standards. c. 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. 2. 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. 3. Payment of median fees 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. CITY ATTORNEY 4. 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. By jeng/ S:\ZoneChangelyr 2007\07-1724ICClExh1.doc March 14, 2008 <oM~1> cJ ~ >- m I- r- -0 D ORIGINAL Exhibit "1" ZC 07-1724 Page 2 of 2 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. PLANNING 5. With submittal of the Preliminary Development Plan (PO) application, project proponent shall submit an Air Quality Impact Analysis based upon the proposed Development Plan, and shall be subject to the mitigation measures contained in the impact analysis. (Number and format of the study shall be determined by the Planning Director at the time of the PO application.) Mitigation measure for air quality. 6. With submittal of a Preliminary Planned Development Review application, the project proponent shall obtain a review from the California Archaeological Inventory at California State University Bakersfield of existing literature for archaeological resources. Applicant shall be required to obtain professional consultant and prepare a cultural resources report if the CAI requests it. (Number and format of the study shall be determined by the Planning Director at the time of the PO application.) Mitigation measure for cultural resources. 7 The project proponent shall design and submit the Preliminary Development Plan for review by the Planning Commission showing substantial compliance with BMC Section 17.08.140 that includes a detailed site plan, landscaping plan, elevations, parking modules with pedestrian paths, design standards for large retail developments, and plans shall demonstrate how the shopping center complies with parking layout design including pedestrian pathways, landscaping (tree shading coverage) and other minimum requirements of the City's Zoning Ordinance. Orderly development By jeng / S:\ZoneChangelyr 2007\07-1724ICClExh1.doc March 14, 2008 <oMe:--? ~ ~ :>- .... ... ~ -0 0 ORIGINAL ~ C\I I'- ~ I I'- o w :(!) r'z i <( ~ -~ [3 w z o N ~ ~. . il!J l.!J l.iJ l.!J l.!J ~ II ... II: .~ ~ w ;t d: ;t ;t d: I ~ ~. I ~ Z !!!0 A~ &! I ;t ;t 6 ~~ ii! CI d: d: 8 ~~ ~ d: a~ H HJ.nOS 3 --.....--.-..... a:nu.8 H HUlOS 3 ~ d: W i C' d: ~ ;t ~ ~ .8I ;t ;t ~ ~ d: d: C d: ;t ;t j C OVml :nSIM 3 ~ ~ d: ~ TI mm d: ;t ;t ~ d: )7 ~ MdsI. ~ % >- - I- l!! "0 D ORIGINAL (0' r0~ N I Ii . rr> N. d~. -<(0 . Is If) a:::lE.... llJ x: ~C) Z ~Z:g ~Ou iJN~ .I! · ..I I ::1; III~ + ~ , . I. . 'I " + EXHIBIT "3" ; ij ! I 91 ' i hip I ~ IS. It II P 1151' I lit IU"i!l~lll.11 ul II II II ! I II':'II':I:I:!I. ~.IIII' )il ulil !'I ;I lic~j&!" X Ie.. fflli i '..!~~i.ii~"i!!I.l1 J11!hl!II..'I:i1!11 Ii 1Il'!illlili II1I11 hi ii lull i i Ii J :Iil a c . . 11 fi " .. '.. II" · ' .. f.-....., If O.NV,,__" ,.' t~t .~~~ ~ ~ ~16~~6...'lc~..i ..~t~.:IM I I I . ZONE CHANGE 07-1724 ".HI ;,,;, .. ~.&s , . I , I I I , *3 I .. , '" I I I I I I I *1. II !. ' I , I J II ' J I I';~ r:~ I' , , " "~." " I , , "f""':::-, -r ,: I ' " · ... I . "". " ~I ' " , :, .!__l._____,_____ . ;( -- :11 I f . if I_ '1111.111, R'- , , 'billJ J " .'ibll " ,-. '~"I , I. IIHi .ofl .. Illi I ., - JUI J ,11111111 , " III-.d :+ : ': T C' '. -, . ..... :ik , .. . * c J * I 'I!I .-BI ." .. " <0 , ~ 1>0l . C ~ ZONING MAP 12~-36 I- .' ~ "0 D ORIGINAL EXHIBIT "4" LEGAL DESCRIPTION WNE CHANGE Those portions of the Northeast quarter and the Northwest quarter of Section 36, Township 30 South, Range 27 East, Mount Diablo Base and Meridian, located in the City of Bakersfield, County of Kern, State of California, described as follows: Beginning at the North quarter comer of said Section 36; thence South 890-11'-38" East along the North line of the Northeast quarter of'said Section 36 a distance of 295.00 feet; thence South 000-35' -53" West a distance of 620.00 feet; thence North 890-11' -38" West a distance of 295.00 feet; thence North 890.11 '-35"West a distance of 660.88 feet; thence North 000-35'-41" East a distance of 620.00 feet to the North line of the Northwest quarter of said Section 3; thence South 890-11'-35" East along the North line of the Northeast quarter of said Section 3 thence North 890-11'-35" West a distance of 660.91 feet to the point of beginning. Contains 13.61~ acres. <o~K~1> cJ ~ ...... >- rn I- r- "0 D 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 10th day of APRIL, 2008 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4503 ,passed by the Bakersfield City Council at a meeting held on the 9th day of APRIL. 2008 and entitled: AN ORDINANCE APPROVING A NEGATIVE DECLARATION AND AMENDING TITLE 17 (ZONE MAP NO. 123-36) OF THE MUNICIPAL CODE BY CHANGING THE ZONING FROM C-1 TO C-2/PCD ON 13 ACRES LOCATED ON THE SOUTH SIDE OF HOSKING AVENUE AND BOTH SIDES OF HUGHES LANE. (ZC 07-1724) PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield BY:~CLyy~(flL-L~ ~ DEPUTY City Clerk S:\DOCUMENT\FORMS\AOP.ORD.wpd 4/8/2008 x <0 A K$1> () ~ ;:.... - I- m - r- (,) D ORIGINAL ORDINANCE NO. 4 5 0 3 r--. pOSTE-a ON "'It%e b;Ci{y Clerk's Office City of I Bakersfield j by ~ AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO. 123-36) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM A C-1 (NEIGHBORHOOD COMMERCIAL) TO A C-21 PCD (REGIONAL COMMERCIAL! PLANNED COMMERCIAL DEVELOPMENT) ZONE ON 13 ACRES TO ALLOW COMMERCIAL DEVELOPMENT GENERALLY LOCATED ON THE SOUTH SIDE OF HOSKING AVENUE, ON BOTH SIDES OF HUGHES LANE. (FILE # 07-1724) WHEREAS, in accordance with the procedure 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 on the south side of Hosking Avenue, and both sides of Hughes Lane (Exhibit "2"), as shown on Exhibit "2"; and WHEREAS, by Resolution No.26-08 on February 7, 2008, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 07-1724 as delineated on attached Zoning Map No. 123-36 marked Exhibit "3", by this Council and this Council has fully considered the recommendations made by the Planning Commission as set forth in that Resolution; 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 change the zoning from C-1 (Neighborhood Commercial) zone to a C-2/PCD (Regional Commercial/Planned Commercial Development) zone on13 acres to allow commercial development and the Council has considered said findings and all appear to be true and correct; and WHEREAS, the law and regulations relating to the preparation and adoption of Negative Declarations, as set forth in CEQA and City of Bakersfield's CEQA Implementation Procedures, have been duly followed by city staff, Planning Commission and this Council; and WHEREAS, a Negative Declaration was advertised and posted on January 17, 2008, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows general commercial development; and WHEREAS, the City Council has considered and hereby makes the following findings: 1. All required public notices have been given 2. The provisions of the California Environmental Quality Act (CEQA) have been followed. 3. The publiC necessity, general welfare and good zoning practice justify the requested change of zone from the existing zoning district to C-21PCD zone. 1 <ofl,K~-9 cJ ~ >- iii I- r- Q D ORIGINAL