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Home My WebLink AboutORD NO 4512ORDINANCE NO. 4 5 ~ 2 A AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONING MAP 123-28) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM A (AGRICULTURE ZONE) TO R-2 (LIMITED MULTIPLE FAMILY DWELLING ZONE) ON 39.94 ACRES AND TO M-1 (LIGHT MANUFACTURING ZONE) ON 19.99 ACRES, GENERALLY LOCATED NORTHWEST OF ASHE ROAD AND MCCUTCHEN ROAD. (ZC NO. 07-1135). 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 being annexed to the City of Bakersfield generally located at the northwest corner of Ashe Road and McCutchen Road; and WHEREAS, by Resolution No. 42-08 on March 20, 2008, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 07-1135 as delineated on attached Zoning Map 123-28 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 A (Agriculture Zone) to R-2 (Limited Multiple Family Dwelling Zone) on 39.94 acres and to M-1 (Light Manufacturing Zone) on 19.99 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 February 25, 2008, in accordance with CEQA; and WHEREAS, the general plan designation for this area, with prior adoption of GPA No. 07-1135, allows single family residential development, limited multi-family residential development, and light industiral 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. 42-08, adopted on March 20, 2008: 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 withwith CEQA. ~;~ ~,~,, -~~ J ~ 4. The proposed project is consistent with surrounding uses. ~> ±_: 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 CEQA, the State CEQA Guidelines, and the City of Bakersfield CEQA 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: 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 the City, the boundaries of which property is shown on Zoning Map 123-28 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 GPA No. 07-1135. 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. ------- -000- ------- Page 2 of 3 ~, r, ~< ,, ,=_. ,. -, L'i-' _~~ 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 JUN 1 1 2008 by the following vote: YES' COUNCILMEMBER S: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER CARSON, BENHAM, WEIR, COUCH, HANSON, SULL AN, SCRIVNER PAMELA A. McCARTHY, CMC CITY CLERK and Ex Officio Cle of the Council of the City of Bakersfield APPROVED JUN 1 1 2008 HAR Y L. A L Mayor of the City of Bakersfi d APPROVED as to form VIRGINIA GENNARO City Attorney Exhibit A -Mitigation/Conditions of Approval B -Zoning Map 123-28 C -Zone Change Legal Description RB:dc - S:\GPA 1st 2008\07-1135\07-1135\ResOrd\CC Ord 07-1135.doc r".,~, t. - (j~ ~"~ '; ~- c ~~.~ EXHIBIT A: MITIGATION /CONDITIONS OF APPROVAL r. ', Mitigation/Conditions of Approval General Plan Amendment/Zone Change 07-1135 Cultural Resources (Mitigation 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 ofground-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 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 impacts. Traffic and Circulation (Mitigation Measures) 3. Prior to the issuance of any building permit within the GPA/ZC area, the developer shall pay the applicable Regional Transportation Impact Fee (RTIF) to the satisfaction of the City of Bakersfield Public Works Department. Mitigation for potentially significant impacts. 4. Prior to issuance of the first building permit within the GPA/ZC area, the developer shall pay the proportionate share contributions for the intersection and roadway improvements and mitigation not covered by the RTIF as identified in the submitted project traffic study (Pinnacle Civil Engineering, December 2007) a. Fully expand Panama Lane at Wible Road to city standards, 5.28% share Mitigation for potentially significant impacts. Public Works 5. 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 Ashe and McCutchen Roads to arterial 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 <<.:~~ .:, ;. ~_ ~ ., .._ Exhibit A GPA/ZC 07-1135 Mitigation/Conditions of Approval Page 2 of 4 subdivision map over the entire GPA/ZC area is submitted, dedication can be provided with the map. b. Also provide fully executed dedication for Ashe Road in front of the 19.53 acre parcel (APN 539-010-10). If it becomes necessary to obtain any off site right of way and if the developer is unable to obtain the required right of way, then he shall pay to the City the up-front costs for eminent domain proceedings and enter into an agreement and post security for the purchase and improvement of said right of way. Unless constructed prior to the development of this GPA/ZC area, construction of improvements for the west half of this portion of Ashe Road will be required with the construction of the frontage improvements. ;. This GPA/ZC is too small to support its own storm drainage sump. The City will allow no more than one sump per 80 acres. Therefore, this GPA/ZC must be included within the drainage area of the adjoining properties. The applicant shall submit a comprehensive drainage study for the entire drainage area, including the 19.53 acre parcel (APN 539-010- 10), to be reviewed and approved by the City Engineer. Note: the parcel atthe northwest corner of Ashe Road and McCutchen Road may have its own sump. 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. d. 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. e. 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. f. Developer is responsible for the construction of all infrastructure, both public and private, within the boundary of the GPA/ZC 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 6. 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 industrial and/or $2487 for residential dwelling unit. If prior to issuance of a building permit said fee is merged into the regional TIF program then payment of the regional TIF fee Councildaerrroved action planlto pu sue funds needed to' compheteee is a component of the C ty Pp r ,' .. ~. ~ c~ Exhibit A GPA/ZC 07-1135 Mitigation/Conditions of Approval Page 3 of 4 construction of major transportation facilities to serve growth and development within Metropolitan Bakersfield. For orderly development 7. 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. 8. Payment of the proportionate share of the cost of the median for the arterial frontage of the property within the GPA/ZC request is required prior to recordation of any map or approval of any improvement plan for the GPA/ZC area. For orderly development. Planning Condition 9. If adjacent properties are utilized for agricultural purposes and/or have not received entitlements for development at the time of development on the subject property, then a covenant shall be recorded on all residential lots disclosing their proximity to agricultural uses and any associated affect on their property. Such proof shall be submitted to the Planning Director prior to recordation of final subdivision maps within the GPA area. For public health, safety, and welfare. Safety Division Conditon 10. Pipeline Easements: a. Concurrently with recordation of any phase that includes the pipeline easements or portions thereof, subdivider shall show the easements on the final map with a notation that structures including accessory buildings and swimming pools, are prohibited within the easements and record a corresponding covenant. b. Prior to or concurrently with recordation of any phase that includes the pipeline easements or portions thereof, subdivider shall show on the final map that no habitable portion of a structure may be built within 50 feet of a gas main, or transmission line, or refined liquid product line with 36 inches of cover, and record a corresponding covenant. c. No structure may be within 40 feet of a hazardous liquids pipeline bearing refined product, within 48 inches or more of cover. If a pipeline meets this criteria, the 40 foot setback line shall be shown in the final map and a corresponding covenant shall be recorded prior to or concurrently with recordation of any phase that is affected. d. No habitable portion of a structure may be built within thirty (30) feet of a crude oil pipeline operating at twenty percent (20%) or greater of its design strength. e. Prior to or concurrently with recordation of any phase within 250 feet of the pipeline easements, subdivider shall record a covenant disclosing the location of the pipelines on all lots of this subdivision within 250 feet of the pipelines. t ~, . ~,,~.,,:,;r ~ ~•., c~` - } i'- , ~.: _. -,,, Exhibit A GPA/ZC 07-1135 Mitigation/Conditions of Approval Page 4 of 4 Public health, safety and welfare. City Attorney Condition 11. 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. RB:\\S:\GPA 1st 2008\07-1135\Res-Ord\Exhibit A-1 (1).doc EXHIBIT B: ZONING MAP 123-28 ~: , '~ c °:~ ~o _ ~ ~ N ~ Y !-ar . W ut N °~ g o c n ~oi° ~_ °$7i ti o N N ::: _' Z ~ ~ WY g~ ~~ ~~a I. ~i =_~ w z N = a". z `1' v z z e ~ " z z ~ar; . Zr" 3~ - V¢ aa~ ~ Q j j 0 N ~ ~ V .i Z Z Z a~~ ~~~ ~ i~ CV Y1~~ >zv~.. ~..Z~w=~= vuo uW ~o c~ w :u5 ..~JO r: J~~MNN ry~00 O NVN} r, i'~p ~~t~ Q~ { }~Z Jo J°yJ W eN2 >>' ZZ~ a: ¢' w Q) {Z {Z ~ m~ i< 3 t~ V 8'~ Q •~ tl j 2 j Z t V V ¢ .°r 6 V .. OOZx ~ ~~ W ~ m O O v¢ m~~ w.~~ V e 6 2 V. V y S a 0 Z z~~ O~ O x. ~ QM O ~¢~ 7~'J;a ~><°J e62 N~~C WMr¢ °o.d WVWN wZOi"i ~- ° O LL Z Ql ~ al ~j 0 W.° ~A J. O~ W h Z < W J J y N N J ~O~ Z ~O> YTj ~'~~ mV Z L~~iN~N N~~J¢~wiwZJ<2 WSwi NV~jZ ~<`S~ <Z Sf{e Y ,.~0 ¢ J <J J O J J O O J ~ W Z 6¢ O ~ 9 g Z 2 ¢ e ._ St O C i ~V~~r ° O' < < iJ<4 J~ .~n ~O <{a~~'VeWV~.Zi0017{~NJW V<p6Jlj}x t=~ ~ `~°~t ~ QI_ ?appNp.//° YZ1 ~~Zyy yyZ W1~Zyy~W~~W~OJ.Y2VyFWV=2¢NW VV=V}} ¢K~0 ~8;~J. woo O aFlS~JS m >°~ZO NOC~~O H_S r=iMZ Suix ZW VC6~~16iV VQO~G J< wr Z ~a`ZO i ~^i ji 1a J~J JV>JJV yy~~ppW 'VOS pp6C J` F _- i ~ ! LL Z V~ H 6 R¢ C i 6 6~ + J~+ Z~ 6 6 V V O J V 0 6 t{ a U Z<<< w O 3 VZ~y lj s~~~~w~ • a ZN~ Z I ~'ri r •t ~ z 3 ~, •T ~ FOU U' , ~ ~~ ~'Nr w~:~_.w N e d °NU°.H a s ¢!" g ~ ~ i T~~;i ~ a¢a a¢ia & c d¢u uv vmz taO¢aiavgea.a. r3}=~ ia~a i%w: • ZONE CHANGE 07-1:13 ~a- ray • e°n »s + wox N r . ~ g ~ F- a a I t I ~*~ ~ I ~ t I 1 I -3 `~~~ I a~ I ~~ e . e` l~ I . ,~ e ~ I I I I ~ ~' h 1 S 1 C ...~ ` ~ s :e ~ ~ K ~ ` t''a i v \ ~ ' z 6 , \\ V F ' N„~ iAr fli OY„~~ _ < NO ~i~y~y \~ a V80WO1013 V $ ~° S~ is~ _- ~ ~o~a~NaNN ~ ".t~ ~Rv+X: ~ =°~OB~Sde ~ ~ ao'~'~g,so tird~ a e + s: s~s~'aa avoa - + _ '~ 7[~NING MAP 123-28 ~ , EXHIBIT C: ZONE CHANGE LEGAL DESCRIPTION ~, t ~'~~, ~ -. f L. _ . w.,, ... , .. _ LEGAL DESCRIPTION PARCELS I AND 2 GPA/ZC # 07-1135 FROM A TO R-2 BEING PARCELS 1 AND 2 OF PARCEL MAP N0.3096 RECORDED IN BOOK 15 OF PARCEL MAPS AT PAGE 28 IN THE KERN COUNTY RECORDER'S OFFICE, ALSO BEING A PORTION OF THE EAST HALF OIFBT ING ~ ~ AST QUARTER. OF SECTION 28, T. 30 S., R 27 E., ALL OF WHI PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE EAT CORNER OF SAID AROCEL g~OF~pAROCEL~MAP NO. BEING THE NORTHERS 3096; 'ITIENCE N. 89°24'34" Wlv.O ~N~T~ OOR~R OF SAID~ARCEL~D PARCEL 1, 1,321 ~3 FEET TO THE THENCE S. 00°02'40" W. ALONG THE WEST BOUNDARY OF SAID PARCEL 1, 658.24 FEET TO ~OSR1UH~~SCOCRONER RO gFAID PARCEL 2; I ~ $~ POINT ALSO BEING THE N THENCE CONTINU8 3 FEET TO 0THE SOUTHWEST ORNER OL F SAID PARCEL SAID PARCEL 2, 65 2; THENCE S. 89°25'24" E. ALONG THE SOUT R OF SAIDAPARCEL~ pARCEL 2, 1,322.35 FEET TO THE SOU'T'HEAST CORNE THENCE N. 00°00'00"NW. WEST ORNER OFjSAID PARCEL 2S AID POII~iT 658.08 FEET TO THE ALSO BEING THE SOUTHEAST CORNER OF SAID PARCEL 1; THENCE CONTINUING N. 00°00'00" W. ALONGF BHE EII~ vITNG UNDARY OF SAID PARCEL 1, 658.08 FEET TO THE POINT O CONTAINING 39.94 ACRES, MORE OR LESS. *, Exp. 12-31-06 No. 8-Z'•~7 LEGAL DESCRIPTION PARCEL 4 GPA/ZC # 07-1135 FROM A TO M-1 BEINGPARCEL 4 OF PARCEL MAP NO.3096 RECORDED IN BOOK 15 OF PARCEL MAPS AT PAGE 28 IN TILE KERN COUNTY RECORDER' S OFFICE, ALSO BEING A FORTIS R02'7 E~~E L O WHICHFB ING MARE AST QUARTER OF SECTION 28, T. 30 , PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNS ~RrTE~ISS~ P~CE1~ F CORNER ALSO BEING THE SOU'T'HEAST C PARCEL MAP N0.3096; THENCE N. 00°00'00"N BAST ORNER OF SAIDAPARCEL 4AiD PARCEL 4, 658.08 FEET TO THE THENCE S. 89°25' S0" E. ALO~G`~T~ CORNER OF ~~ ARCELA~D PARCEL 4, 1,322.86 FEET TO TIC NOR THENCE S. 00°02'40"SOUTHWES CT ORNER OF SAID PARCEL PARCEL 4, 658.23 FEET TO THE THENCE S. 89°26' 14" E. ALONG TI-IE SOUINGBOUNDARY OF SAID PARCEL 4, 1,323.37 FEET TO THE POINT OF BEGINN CONTAINING 19.99 ACRES, MORE OR LESS. 8 -Z9• o~ a ,~ J ~~~ 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 12th day of June , 2008 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4512 ,passed by the Bakersfield City Council at a meeting held on the 11th day of June, 2008 and entitled: AN ORDINANCE APPROVING THE NEGATIVE DECLARATION AMENDING TITLE 17 (ZONE MAP NO 123-28) OF THE MUNICIPAL CODE FROM A TO R-2 ON 39.94 ACRES AND TO M-1 ON 19.99 ACRES GENERALLY LOCATED NORTHWEST OF ASHE ROAD AND MCCUTCHEN ROAD (ZC 07-1135) PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield By: ~~ ~- DEPUTY City Clerk S:\DOCUMENIIFORMSWOP.ORD.wpd 6/11 /2008 `~Nh~ ,~ r~~ ~'~ "c~ M 4J i. ~~i~7~~-1 ~?~. ORDINANCE NO. 4 5 ~ 2 , AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONING MAP 123-28) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM A (AGRICULTURE ZONE) TO R-2 (LIMITED MULTIPLE FAMILY DWELLING ZONE) ON 39.94 ACRES AND TO M-1 (LIGHT MANUFACTURING ZONE) ON 19.99 ACRES, GENERALLY LOCATED NORTHWEST OF ASHE ROAD AND MCCUTCHEN ROAD. (ZC NO.07-1135). POSTED ON (p I Z O g _ by City Clerk's Office City of Bakersfield `~ i __-- 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 being annexed to the City of Bakersfield generally located at the northwest corner of Ashe Road and McCutchen Road; and WHEREAS, by Resolution No. 42-08 on March 20, 2008, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 07-1135 as delineated on attached Zoning Map 123-28 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 A (Agriculture Zone) to R-2 (Limited Multiple Family Dwelling Zone) on 39.94 acres and to M-1 (Light Manufacturing Zone) on 19.99 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 February 25, 2008, in accordance with CEQA; and WHEREAS, the general plan designation for this area, with prior adoption of GPA No. 07-1135, allows single family residential development, limited multi-family residential development, and light industiral 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. 42-08, adopted on March 20, 2008: 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 withwith CEQA. 4. The proposed project is consistent with surrounding uses. `~~:8 A KF9ry -~ r=- R' r v O ORIG WAL