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.
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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.
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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
APR 0 9 2iJOB by the following vote:
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ABSTAIN:
ABSENT:
COUNCILMEMBER:
COUNCILMEMBER:
COUNCILMEMBER:
COUNCILMEMBER:
CARs6'N. BEN~, wEt( CO~, HA~N. SUL~AN. SC~ER
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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
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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.
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March 14, 2008
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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
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ZONING MAP 12~-36 I- .' ~
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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.
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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
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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.
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