HomeMy WebLinkAboutORD NO 4495
ORDINANCE NO. 4 4 9 5 --
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION
AND AMENDING SECTION 17.06.020 (ZONING MAP 123-13)
OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL
CODE BY CHANGING THE ZONING FROM R-2 (LIMITED
MULTIPLE FAMILY DWELLING ZONE) TO C-1/PCD
(NEIGHBORHOOD COMMERCIAL/PLANNED COMMERCIAL
DEVELOPMENT ZONE) ON 2.50 ACRES, LOCATED ALONG
THE SOUTH SIDE OF PLANZ ROAD, WEST OF SOUTH H
STREET. (ZC NO. 07-1791).
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 south side of Planz Road, west of South H Street; and
WHEREAS, by Resolution No. 210-07 on December 20, 2007, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve Zone Change No. 07-1791 as delineated on attached Zoning Map
123-13 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-1/PCD (Neighborhood Commercial/Planned Commercial Development
Zone) on 2.50 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
November 16, 2007, in accordance with CEQA; and
WHEREAS, the general plan designation for this area, with prior adoption of General
Plan Amendment No. 07-1791, allows nieghborhood commercial uses; and
WHEREAS, the City Council has considered and concurs with the following findings
made by the Planning Commission as set forth in Resolution No. 210-07, adopted on
December 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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ORIGINAL
5. The proposed project, as shown on Exhibit "B", 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 "B".
7. The laws and regulations relating to the preparation and adoption of
Negative Declarations as set forth in CEOA, the State CEOA Guidelines,
and the City of Bakersfield CEOA Implementation Procedures, have been
duly followed by city staff and the Planning Commission.
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 being annexed to said City, the
boundaries of which property is shown on Zoning Map 123-13 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" listed in attached Exhibit "A", and subject to approval of
General Plan Amendment No. 07-1791.
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 ttAR 1 2 2008 by the
following vote:
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ABSTAIN:
ABSENT:
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
CA~N, BE~M. WEI~OI16H. HANS~ULL~. SCRIV~'
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PAMELA A. McCARTH, C
CITY CLERK and Ex 0 icio Clerk of the
Council of the City of Bakersfield
APPROVED MAR 1 2 2008
APPROVED as to form
VIRGINIA GENNARO
City Attorney
BY:~~
Exhibit A - Mitigation/Conditions of Approval
B - Zoning Map 123-13
C - Zone Change Legal Description
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ORIGINAL
EXHIBIT A
Mitigation/Conditions of Approval
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EXHIBIT A
Mitigation/Conditions of Approval
General Plan AmendmentlZone Change No. 07-1791
Cultural Impact Mitiaation Measures
1. 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 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.
City 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 CEOA
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.
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ORIGINAL
Exhibit A
GPAlZC 07-1791
Mitigation/Conditions of Approval
Page 2 of 3
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. This GPAlZC area is too small to support it's own storm drainage sump. A portion of the
on-site drainage may be able to be taken by a City sump at Planz Road and Benton
Street. Submit to the City Engineer for review and approval a drainage study for the
GPAlZC area verifying the adequacy of the existing storm drain system to convey the
storm water to the existing sump and the adequacy of the existing sump for the additional
volume of storm water.
For orderly development.
5. Prior to issuance of a building permit, developer shall pay a major transportation facility fee in the
amount of $0.35 per square foot for commercial. 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 a component of the 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.
6. The entire area covered by this GPAlZC area 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.
7. Regional Transportation Impact Fee: Prior to the issuance of building permits, the project applicant
shall participate in the Regional Transportation Impact Fee (RTIF) program by paying the adopted
residential unit fee in place at time of development. For potentially significant traffic impacts.
Reciprocal Parkina and Access Aareement
8. The applicant shall record a reciprocal access agreement with the adjacent commercial property to
the east of the GPAlZC site, prior to any future approvals. Proof of said agreement shall be
provided to the City Attorney's office and Planning Department. For orderly development.
Landscape Plan
9. The conceptual landscape plan submitted with the development does not meet minimum city
requirements for parking lot shading and spacing, street frontage tree placement and building
elevation landscape requirements. A landscape plan shall be submitted to the Planning Director for
review and approval prior to submittal of final development plans. The plan shall meet minimum
requirements in the areas noted above. The Planning Director may require additional landscaping
at his/her discretion. For orderly development.
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ORIGINAL
Exhibit A
GPAlZC 07-1791
Mitigation/Conditions of Approval
Page 3 of 3
Division of Oil. Gas and Geothermal Resources Condition
10. There is one plugged and abandoned oil well at the edge and possibly within the project boundaries.
No structure shall be constructed over or in proximity to the abandoned oil well location. Section
3208.1 of the Public Resources Code authorizes the State Oil and Gas Supervisor to order the
reabandonment of a previously abandoned well when construction of any structure over or in the
proximity of a well could result in a hazard. The cost of reabandonment operations is the
responsibility of the owner or developer of the project upon which the structure will be located. If the
abandoned well is on the adjacent property or near the common property line, any structures shall
be set back sufficiently to allow future access to the well. For public health, safety and welfare.
11. If any other abandoned or unrecorded wells are uncovered or damaged during excavation or
grading remedial plugging operations may be required. The office of the Division of Oil, Gas and
Geothermal Resources at 4800 Stockdale Highway, Suite 417, Bakersfield, Ca 93309 (661) 334-
3653, shall be contacted to obtain information on the requirements for and approval to perform
remedial operations. For public health, safety and welfare.
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EXHIBIT B
Zoning Map 123-13
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EXHIBIT C
Legal Description
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LEGAL DESCRIPTION
ALL OF PARCEL'S 1 THROUGH 4 OF PARCEL MAP NO. 4465, AS SHOWN
ON MAP FILED IN BOOK 20 OF PARCEL MAPS, PAGE 123 THEREOF, ALL
OF RECORDS OF KERN COUNTY, LOCATED IN THE CITY OF
BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA.
PATRICK R. MERCADO, PLS
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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 13th
day of MARCH, 2008 she posted on the Bulletin Board at
City Hall, a full, true and correct copy of the following: Ordinance No. 4495 ,passed
by the Bakersfield City Council at a meeting held on the 12th day of MARCH, 2008
and entitled:
AN ORDINANCE APPROVING A NEGATIVE DECLARATION AND
AMENDING TITLE 17 (ZONE MAP NO 123-13) OF THE MUNICIPAL
CODE BY CHANGING THE ZONING FROMR-2 TO C-1/PCD ON 2.50
ACRES LOCATED ALONG THE SOUTH SIDE OF PLANZ ROAD, WEST
OF SOUTH H STREET (ZC 07-1791)
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By:~~J~v~
DEPUTY City Clerk
S:\DOCUMENT\FORMS\AOP .0RD,wpd
3/10/2008
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ORIGINAL
ORDINANCE NO. 4 4 9 5 - -
r--"POSTEO- ON
'-31 1310e
I by City Clerk's Office
l
I City of
I Bakersfield
tbY ~
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AN ORDINANCE ADOPTING A NEGATIVE DECLARATION
AND AMENDING SECTION 17.06.020 (ZONING MAP 123-13)
OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL
CODE BY CHANGING THE ZONING FROM R-2 (LIMITED
MULTIPLE FAMILY DWELLING ZONE) TO C-1/PcD
(NEIGHBORHOOD cOMMERclAUPLANNED COMMERCIAL
DEVELOPMENT ZONE) ON 2.50 ACRES, LOCATED ALONG
THE SOUTH SIDE OF PLANZ ROAD, WEST OF SOUTH H
STREET. (ZC NO. 07-1791).
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 south side of Planz Road, west of South H Street; and
WHEREAS, by Resolution No. 210-07 on December 20, 2007, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve Zone Change No. 07-1791 as delineated on attached Zoning Map
123-13 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-1/PCD (Neighborhood CommerciallPlanned Commercial Development
Zone) on 2.50 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
November 16,2007, in accordance with CEQA; and
WHEREAS, the general plan designation for this area, with prior adoption of General
Plan Amendment No. 07-1791, allows nieghborhood commercial uses; and
WHEREAS, the City Council has considered and concurs with the following findings
made by the Planning Commission as set forth in Resolution No. 210-07, adopted on
December 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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