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HomeMy WebLinkAboutORD NO 4514ORDINANCE NO. 4 ,5 1 4 „ AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONING MAP NO. 123- 32) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM A (AGRICULTURE) TO M-2 (GENERAL MANUFACTURING) ON 19.55 ACRES, GENERALLY LOCATED AT THE SOUTHWEST CORNER OF GOSFORD ROAD AND MCCUTCHEN ROAD. (ZC 07-1930). 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 generally located at the southwest corner of Gosford Road and McCutchen Road; and WHEREAS, by Resolution No. 51-08 on March 20, 2008 and April 3, 2008, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 07-1930 as delineated on attached Zoning Map 123-32 marked Exhibit "A", 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) to M-2 (General Manufacturing) on 19.55 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 15, 2008, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows for Service Industrial 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. 51-08, adopted on March 20, 2008 and April 3, 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 with CEQA. 4. The proposed project is consistent with surrounding uses. n r,x~~, v . n ~J ~ ,1 f'~ ~- (_.) 5. The proposed project, as shown on Exhibit "A," 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 "A." 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. as follows: NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield 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 said City, the boundaries of which property is shown on Zoning Map 123-32 marked Exhibit "A" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "B ". 4. Such zone change is hereby made subject to the "Mitigation/Conditions of Approval" listed in attached Exhibit "C", subject to approval of GPA No. 07-1930. 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- ------- 2 ~ r. K ~, 4 , ,~ ~. ~ %- ~ ~~ F._ , _ ;_~ _. i,~~e i n 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 JjJJ~r~, ~"".~ by the following vote: YE COUNCILMEMBER CARSON, BEN AH M, WE R COUCH HANSON, SUCLIVAN, SCRIVNER ES: COUNCILMEMBER YI~fLLQ- __ ____ ABSTAIN: COUNCILMEMBER a,fl-Ylh, ABSENT: COUNCILMEMBER Y11MQ- ~ 1 ~ IL~ PAMELA A. McCARTHY, CMC CITY CLERK and Ex Officio Cler of the Council of the City of Bakersfield HARVEY L. HALL Mayor of the City of APPROVED as to form VIRGINIA GENNARO City Attorney a° ~` ~ s Exhibit A -Zoning Maps 123-32 B -Zone Change Legal Description C -Mitigation/Conditions of Approval JS - S:\GPA 1st 2008\07-1930\Resolution\CC ZC Ordinance.doc 3 <. ,v t'~ K, f, ~> ~,n ~ ~. ~~ ,;,,,, 3 r APPROVED JUN 1 1 2008 Exhibit A Zone Map 123-32 <<~'F~F9 ~~ ~~ ~- ~' ~- ~~ o C,~i~:i~~`s,^~~ Et r r . O e $ ~ N N,~ s~ sg r ~N ~J3 ~i r w r f~ d' ~ 3 z i ~ ~ r w 1 r J J ~ i N sg s~ r ~$ s r Y r '- ' ZV ~3~w~~w r~=~e S= jrj•gN V VCS YZ ~O r~ ~ ~ ~\ 0~ $ M ~~~ S J~~ O V O N= f G N R " Y~f~iff~~~ r~ d ~ r.~ =e 1z2°N~ c i W_ a ~c ¢¢~~^~~z~S`S~e~~ii g°~ rz :° or '-." WS~S~ c i~$^~~.Ji JE r~T~opSJ Sg~r p~ci+ r=~z o~v2o t= '_._... f~ F Y ~ ~ ~ ~ ~ ~ > ~ ~ + ~ + = S.S ~ ~ c S V ~ w N J 0 O ~ J g 6 M O J N ~~~~ v _ ~ i i o _ ~.- nre°~5 yr ~ w- e. ~vv ~~~ - Q aawu .~:'~=g tiF-w`~\rsc ocv$=~.e 's .'a ~~~~~~~. ~;~r 'ZwpZp r c~~ia row r-~_ior:=V~J'. Ya1=cvpy uVVO p =s o 1Q~p Z V N~ O t¢ Z~ C c$ 7~ ~_ ~~ 0~ 3 J~ V p~ V~ 6< !f ~ Z<{~~ v O e 2 °Z_rNi °z _ ._ i r W,. < <_~: ~o ~OW W I ~'• ! ~+~+w iew-w n e j=O _at+~_w a S arf C~ V7 J 6 S6 6 666 Q 6 SCV V V V 3S I OC !<S~ Oa it°° °r st ZZ ZONE CHANGE 07-1930 ££ • £L! deW ~~S h y a; ~w gg ~J ~ $ ~~ ES'` =~3 ~ $a 7 ~ `s 3 ~"-Y€ ~.•~_~ ~ v ~ ~_~'~ - r~~w ~~~ a vdvl~ ! s g f ~/'~' x:~.. t. e~3;S `.-i.. '~ ~ ~Nn". h h Q ~a ~V ~?° :3~, ~~ _ a= ~~$~~~~ wi e^~~an a aaa ~~~~ t T !£ - 6L[ doM NS ~; ~. ~emutiuCe weo 123.39 .7. ~'t7k ~ -} I I Q , ~ V ~ ~ f. O ci ~t~ _ ~ Q~ - - - - ~ ' ~ ~ Y ~ ~ _ ~ 2 4 V @ ~ ' ~. 4 4 6 ,--- i - r~ ~ c5 i i - ~ 1 I ~, ~~ r' ~_ -'r' ~,{ Exhibit B Zone Change Legal Description ~'~ ~:'., ,. - ~. .~ • a ~ • • EXHIBIT "A" LEGAL DESCRIPTION FOR ZONE CHANGE No. 07- /93O ` A-20 in M-2 R~~~,~ED JAN 1 8 ZD08 CITY OF BAKERSFIELD PLANNING APARTMENT All that portion of Parcel 2 of Parcel Map 10573 flied in Book.50 of Parcel Maps at Page 29, excepting therefrom, that parGa~lar paroel of land conveyed th Padflc Gas and ~lecd'ic Company per Grant Deed recorded August 30, 1999 as Document No. 0199124551 of Offidal Records, both in the office of the Kem County Rewrder. Also being ~ portion of the Northeast quarter of Sectlon 32, Township 30 South, Range 27 Fast, Mount Diablo Meridian, in the County of Item, State of California, more patiitularly described as fellows: Commendng at the Northeast comer of said Section 32, being the centerline intersection of McCutchen Road and Gosford Road; Thence South 00°21'01" West along the East line of the Northeast quarter of said Secdon 32 and the centerline of said Gosford Road, a distance of 575.58 feet; Thence North 89°15'58" West, a distance of 55.00 feet to a point on the West right- of-way line of said Gosford Road and the point of beginning; Thence (i) South 00°21'01" West along said West right~f--way line, a distance of 499.82 feet th a point on the boundary line of that particular paroel oonve~d bo Padflc Gas and Electric Company by said Grant Deed; Thence along the boundary /lees ofsaid c~~yied /and Ghe fn/lowing tfir~e courses; Thence (2) North 89°15'58" West, a distance of 940.13 feet; Thence (3) North 00°22'34" East,.a distance of 324.63 feet; Thence (4) North 89°15'58" West, a distance of 324.63 feet to a point on the West boundary line of said Parcel 2; Thence (5) North 00°22'34" East along said West boundary Tine, a distance of 695.08 feet to a point on the South right-of-way line of said McCutchen Road; Thence (6) South 89°17'45" East along said South right-of-way line, a distance of 629.25 feet to a point on the boundary line of said Parcel 2; Thence along the boundary lines ofsaid Parcel2 the fi~l/owing twn cvura~s; Thence (7) South 00°42'10" West, a distance of 520.21 feet to an angle point in the boundary line of said Parcel 2; Thence (8) South 89°15'58" East, a distance of 638.25 feet th the point of beginning. Contains 19.58 awes (net) moo: or less. _~~e, Page 1 of 1 * ~' rr:334~i8 '~ ~~C~-.~" o` ~`', =- ~~ :._, c;; ;,G!. s,f~.._ Exhibit C Mitigation/Conditions of Aproval Q~ ~, ~ ?- i F __ r ~~ t, EXHIBIT C Mitigation/Conditions of Approval General Plan Amendment/Zone Change No. 07-1930 MITIGATION MEASURES FROM NEGATIVE DECLARATION: Cultural Impact Mitigation Measures: 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 impacts. 2. 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 impacts. ADDITIONAL CONDITIONS OF APPROVAL: Public Works Mitigation Measures: 3. 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 McCutchen Road and Gosford Road to arterial standards for the full frontage of the area within the GPA request. Dedications shall include sufficient widths for landscaping as directed by the City Engineer and may include additional right-of-way for right turn lanes if the locations are known. Submit a current title report with the dedication documents. If a tentative subdivision map over the entire GPA/ZC area is submitted, dedication can be provided with the map. b. Unless constructed prior to the development of this GPA/ZC area, the construction of one north bound lane on Gosford Road from this GPA/ZC area's north boundary to McCutchen Road and the construction of one east bound lane on McCutchen Road from this GPA/Z~,.,,~ ~ , ,:'> ' ~, Page 1 of 3 ., _. C~:~i~"a!. , _~_ EXHIBIT C GPA/ZC No. 07-1930 Mitigation/Conditions of Approval area's east boundary to Gosford Road will be required with the construction of the frontage improvements. 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. This GPA/ZC area is too small to support it's own storm drainage sump. The City will allow no more than one sump per 80 acres; therefore, this GPA/ZC area must be included within the drainage area of adjoining property. Submit a comprehensive drainage study of the entire drainage area, to be reviewed and approved by the City Engineer. 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 presence 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. 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 4. 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 5. 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 Page 2 of 3 ,~ ~,r., ~ J, ~ l1 f'-- ~ sir ~,~ l.,'1~~~ u... -._ EXHIBIT C GPAIZC No. 07-1930 Mitigation/Conditions of Approval 6. 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 7. This project is subject to the adopted Regional Traffic Impact Fee fixed rate program. For orderly development City Attorney 8. 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. a. 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. b. 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. JS:S:\GPA 1st 2008\07-1930\Staff Reports\Conditions ExA-1.doc Page 3 of 3 ~„ 1 ! /' l ~ `~ f -- ~ f .~ 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. 4514 ,passed by the Bakersfield City Council at a meeting held on the 11th day of June, 2008 and entitled: AN ORDINANCE AMENDING TITLE 17 (ZONE MAP NO 123-32) OF THE MUNICIPAL CODE FROM A TO M-2 ON 19.55 ACRES GENERALLY LOCATED AT THE SOUTHWEST CORNER OF GOSFORD ROAD AND MCCUTCHEN ROAD (ZC07-1930) PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield By: ~--P~,~~.~~. , , ~~sz DEPUTY City Clerk S:\DOCUMENIIFORMSWOP.ORD.wpd 6/11 /2008 ~, AK~~ ti ~-; i- ~- ~..~ ~, ORDINANCE NO. 4 51 4 A AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONING MAP NO. 123- 32) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM A (AGRICULTURE) TO M-2 (GENERAL MANUFACTURING) ON 19.55 ACRES, GENERALLY LOCATED AT THE SOUTHWEST CORNER OF GOSFORD ROAD AND MCCUTCHEN ROAD. (ZC 07-1930). POSTED ON (.~ 12 ©~ by City Clerk's Office City of Bakersfield by 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 generally located at the southwest corner of Gosford Road and McCutchen Road; and WHEREAS, by Resolution No. 51-08 on March 20, 2008 and April 3, 2008, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 07-1930 as delineated on attached Zoning Map 123-32 marked Exhibit "A", 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) to M-2 (General Manufacturing) on 19.55 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 15, 2008, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows for Service Industrial 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. 51-08, adopted on March 20, 2008 and April 3, 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 with CEQA. 4. The proposed project is consistent with surrounding uses. Q,,~~~9 ~ n•, ~:> c C)~wvi~1`~~':-