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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. '< 'OM f'1l () ~ >-. -' I- rn -- r- o t:J 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. ---------()()()--------- Page 2 of 3 'Of:>..Kf'1l J ~ >- rn I::: r- o c:) ORIGINf-\L 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: ~ ~: ABSTAIN: ABSENT: COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER CA~N, BE~M. WEI~OI16H. HANS~ULL~. SCRIV~' h ..ov..-e- ~ ~ 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 MO:dc - S:\GPA 4th 2007\07-1791\ResOrd\CC Ord 07-1791.doc <" 'Ofl..Kf'1l 0' ~ >- - '= p o t:J ORIGINAL EXHIBIT A Mitigation/Conditions of Approval <<<oP-K(JO ()~, >- ~ <.:) 1"\1 r r.~.t ORIGI~J/\L 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. r. '0 (l..K (--:0 ()" ICr> -;-\ >-- - I- rn - r- o t:J 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. ~ '?;M$1' () 'lh >-- - t-- F~ o LJ ORIGINAL Exhibit A GPAlZC 07-1791 Mitigation/Conditions of Approval Page 3 of 3 Division of Oil. Gas and Geothermal Resources Condition 10. There is one plugged and abandoned oil well at the edge and possibly within the project boundaries. No structure shall be constructed over or in proximity to the abandoned oil well location. Section 3208.1 of the Public Resources Code authorizes the State Oil and Gas Supervisor to order the reabandonment of a previously abandoned well when construction of any structure over or in the proximity of a well could result in a hazard. The cost of reabandonment operations is the responsibility of the owner or developer of the project upon which the structure will be located. If the abandoned well is on the adjacent property or near the common property line, any structures shall be set back sufficiently to allow future access to the well. For public health, safety and welfare. 11. If any other abandoned or unrecorded wells are uncovered or damaged during excavation or grading remedial plugging operations may be required. The office of the Division of Oil, Gas and Geothermal Resources at 4800 Stockdale Highway, Suite 417, Bakersfield, Ca 93309 (661) 334- 3653, shall be contacted to obtain information on the requirements for and approval to perform remedial operations. For public health, safety and welfare. <Of'-Kt/j ~ ~ -- r; 1-:= r U CJ OR\GIN/\L EXHIBIT B Zoning Map 123-13 '0 !>.K ( .~ <<.. 00, () --<I >-. 1=:-1 f- r'- o t. ORIGIN;\L fl')~ _N I Ii rf) C\l 90.. w<('" iL ~ 8?:E.., w lC :at!) I&.Z 0- Z!!? >-0 0 t:N~ u CIl oq ....u 0: ~- 0::":" U ~ i; , & ~ Ii !.. .. Sit . "' c .... f !~.. ... ." .. ~ '"I:" . 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C:, W~= . !Ii f$ ir;& i;~i ~di ~~~~ I! :~r I !loelu .."~ , !t~ ti:~ t rP10 J. , r8si l. ZONE CHANGE 07-1791 G) + II. "11 .. us H N ~ U N U ! + " G: N G: I 'I' a: G: s II) G: ! :i 8 It ~ e i" ~ I In a, .;, S IN II: : 16 I I I I '!Ie I I I a:- 1 '!' L..___________..... T G: I Q a: I a: I ~i I , I I l)' U 0'I0lI .,... ~/.f" _ ~ ZONING MAP 123-13 I I I I I J I . ~ ~ ~ . & n~ ~ ~!!M M nlu UJU I. ~I~U UI.. 3..11 M.tA> 'n () i ~." t-- f'1 o U ORIGIN!'.! EXHIBIT C Legal Description COMf'1l ('::- ,J' --' -,'\ ~ r' - , o CJ ORIGINA.L 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 'QMf'1l (~ ~ >- Fi 1--- r-- c! t:J 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 '0 I>-K f'1l 0<<. <.l') :.-;-\ >-- rl ~- r-- o CJ 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 ~ -----_f 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. 'Of-Kf'~ 0<<- '0 S,-, >- r'l ~ r- o t:J OHIGINAl.c