HomeMy WebLinkAboutORD NO 4524ORDINANCE NO. ~Z 4
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION
AND AMENDING SECTION 17.06.020 (ZONING MAP NO. 103-
22) OF TITLE SEVENTEEN OF THE BAKERSFIELD
MUNICIPAL CODE BY CHANGING THE ZONING FROM R-1
(ONE FAMILY DWELLING) AND R-3 (MULTIPLE -FAMILY
DWELLING) TO C-2/PCD (REGIONAL
COMMERCIAL/PLANNED COMMERCIAL DEVELOPMENT) ON
7.69 ACRES, GENERALLY LOCATED SOUTHEAST OF
MOUNT VERNON AVENUE AND STATE ROUTE 178. (ZC 07-
1541).
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 southeast of Mount Vernon Avenue and State Route 178; and
WHEREAS, by Resolution No. 93-08 on June 19, 2008, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve Zone Change No. 07-1541 as delineated on attached Zoning Map
03-22 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 R-1 (One Family
Dwelling) and R-3 (Multiple -Family Dwelling) to C-2/PCD (Regional Commercial/Planned
Commercial Development) on 7.69 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
May 25, 2008, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows for General
Commercial 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. 93-08, adopted on
June 19, 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.
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4. The proposed project is consistent with surrounding uses.
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 103-22 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.
07-1541.
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 AUG 2 0 20(19
by the following vote:
AY
NOES:
ABSTAIN:
ABSENT:
/ / / / ~ ~
COUNCILMEMBER CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER (/LI1Wt-
COUNCILMEMBER I/1,(71f\JL~
PAMELA A. McCARTH MC
CITY CLERK and Ex icio Clerk of the
Council of the City of Bakersfield
Mayor of the City of Ba
APPROVED as to form
VIRGINIA GENNARO
City Attorney
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Exhibit A -Zoning Maps 103-22
B -Zone Change Legal Description
C -Mitigation/Conditions of Approval
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APPROVED AUG 2 0 2008
Exhibit A
Zoning Map 103-22
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ZONE CHANGE 07-1541
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Exhibit B
Zone Change Legal Description
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BEING A MERGER AND REDIVISION OF THE PARCELS CONVEYED BY GRANT DEEDS
RECORDED DECEMBER 28, 1965 IN BOOK 3905 AT PAGE 356, MARCH 9, 1956 IN BOOK
2574 AT PAGE 372, AND BY DIRECTORS DEED RECORDED AUGUST 3, 1972 IN BOOK 4707
AT PAGE 122, ALL OF OFFICIAL RECORDS. ALSO BEING PORTIONS OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 29 SOUTH, RANGE
28 EAST, MOUNT DIABLO MERIDIAN, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN,
STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
LOT1
ALL THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 22, TOWNSHIP 29 SOUTH, RANGE 28 EAST, MOUNT DIABLO MERIDIAN, LYING
SOUTH OF THE SOUTH RIGHT-OF-WAY LINE OF STATE ROUTE VI-KER-178;
EXCEPTING THEREFROM;
THE EAST 3.00 ACRES THEREOF.
CONTAINS 4.69 ACRES MORE OR LESS.
LOTZ
THE EAST 3.00 ACRES OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 22, TOWNSHIP 29 SOUTH, RANGE 28 EAST, MOUNT DIABLO MERIDIAN, LYING
SOUTH OF THE SOUTH RIGHT-OF-WAY LINE OF STATE ROUTE VI-KER-178;
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Exhibit C
Mitigation/Conditions of Approval
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Mitigation/Conditions of Approval
General Plan Amendment/Zone Change 07-1541
Air Quality
The applicant/developer of the project site shall submit documentation to the Planning Department
prior to development that they will/have met the following air quality mitigation measures. The
following measures have either been applied to the project through the latest URBEMIS Model or
will be implemented in conjunction with the San Joaquin Valley Air Pollution Control District
(SJVAPCD) rules. Mitigation for potentially significant air quality impacts
To ensure that project emissions are minimized, the applicant will implement and comply with a
number of mitigation measures. Some of the listed mitigation measures are also regulatory
requirements or construction requirements that result in emission reductions through their inclusion
in project construction and long-term design. The following measures either have been applied to
the project through the URBEMIS model and will be incorporated into the project by design orwill be
implemented in conjunction with SJVAPCD rules:
Planned PM~o Mitigation Measures
As the project will be completed in compliance with SJVAPCD Regulation VIII, dust control
measures will be taken to ensure compliance specifically during grading and construction phases.
The mitigation measures to be taken are as follows:
• Water previously exposed surfaces (soil) whenever visible dust is capable of drifting from the
site or approaches 20% opacity.
• Water all unpaved haul roads aminimum ofthree-times/day or whenever visible dust from such
roads is capable of drifting from the site or approaches 20% opacity.
• Reduce speed on unpaved roads to less than 15 miles per hour.
• Install and maintain a track out control device that meets the specifications of SJVAPCD Rule
8041 if the site exceeds 150 vehicle trips per day or more than 20 vehicle trips per day by
vehicles with three or more axles.
• Stabilize all disturbed areas, including storage piles, which are not being actively utilized for
production purposes using water, chemical stabilizers or by covering with a tarp or other suitable
cover.
• Control fugitive dust emissions during land clearing, grubbing, scraping, excavation, leveling,
grading, or cut and fill operations with application of water or by presoaking.
• When transporting materials offsite, maintain a freeboard limit of at least 6 inches and cover or
effectively wet to limit visible dust emissions.
• Limit and remove the accumulation of mud and/or dirt from adjacent public roadways at the end
of each workday. (Use of dry rotary brushes is prohibited except when preceded or
accompanied by sufficient wetting to limit visible dust emissions and use of blowers is expressly
forbidden).
• Stabilize the surface of storage piles following the addition or removal of materials using water or
chemical stabilizer/suppressants.
• Remove visible track-out from the site at the end of each workday.
• Cease grading or other activities that cause excessive (greater than 20% opacity) dust formation
during periods of high winds (greater than 20 mph over cone-hour period).
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Exhibit C
GPA/ZC 07-1541
Mitigation/Conditions of Approval
Page 2 of 6
Measures to Reduce Eauipment Exhaust
The GAMAQI guidance document lists the following measures as approved and recommended for
construction activities. These measures should be required to ensure that the proposed project
emissions are not exceeded:
• Maintain all construction equipment as recommended by manufacturer manuals.
• Shut down equipment when not in use for extended periods.
• Construction equipment shall operate no longer than eight (8) cumulative hours per day.
• Use electric equipment for construction whenever possible in lieu of diesel or gasoline powered
equipment.
• Curtail use ofhigh-emitting construction equipment during periods of high or excessive ambient
pollutant concentrations such as "Spare-the-Air" days as declared by the SJVAPCD.
• All construction vehicles shall be equipped with proper emissions control equipment and kept in
good and proper running order to substantially reduce NOX emissions.
• On-Road and Off-Road diesel equipment shall use diesel particulate filters if permitted under
manufacturer's guidelines.
• On-Road and Off-Road diesel equipment shall use cooled exhaust gas recirculation (EGR) if
permitted under manufacturer's guidelines.
• All construction workers shall be encouraged to shuttle (car-pool) to retail establishments or to
remain on-site during lunch breaks.
• All construction activities within the project area shall be discontinued during the first stage smog
alerts.
• Construction and grading activities shall not be allowed during first stage ozone alerts. First
stage ozone alerts are declared when the ozone level exceeds 0.20 ppm (1-hour average).
Other Mitigation Measures
The following mitigation measures are recommended to further reduce the potential for long-
term emissions from the project. These measures will be required to ensure that the proposed
project emissions are not exceeded:
• The project design shall comply with standards set forth in Title 24 of the Uniform Building Code
to minimize total consumption of energy.
• Applicants shall be required to comply with applicable mitigation measures in the Air Quality
Attainment Plan, District Rules, Traffic Control Measures, Regulation VIII and Indirect Source
Rules for the SJVAPCD.
• The developer shall comply with the provisions of SJVAPCD Rule 4601 -Architectural Coatings,
during the construction of all buildings and facilities. Application of architectural coatings shall
be completed in a manner that poses the least emissions impacts whenever such application is
deemed proficient.
• The applicant shall comply with the provisions of SJVAPCD Rule 4641 during the construction
and pavement of all roads and parking areas within the project area. Specifically, the applicant
shall not allow the use of:
o Rapid cure cutback asphalt;
o Medium cure cutback asphalt;
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Exhibit C
GPA/ZC 07-1541
Mitigation/Conditions of Approval
Page 3 of 6
o Slow cure cutback asphalt (as specified in SJVAPCD Rule 4641, Section 5.1.3); or
Emulsified asphalt (as specified in SJVAPCD Rule 4641, Section 5.1.4).
o The developer shall comply with applicable provisions of SJVAPCD Rule 9510 (Indirect
Source Review).
Biological Resource Mitigation Measures:
2. Although no evidence of the kit fox was found on the project site, since they are known to exist in the
general area all construction personnel be trained insensitive species identification and avoidance
techniques and be instructed to be on the lookout for kit fox sign during earth disturbance phases of
construction. Any evidence, such as dens, shall be avoided and reported to the reviewing agencies
for resolution. Mitigation for potentially significant biological resource impacts.
3. A preconstruction clearance surrey be conducted within 30 days of initial ground disturbance in
accordance with the provisions of the MBHCP. Any identified kit fox dens shall be monitored,
excavated, and backfilled in accordance with the recommendations of the MBHCP, CDFG, and
USFWS. Mitigation for potentially significant biological resource impacts.
4. Within 30 days of initial ground disturbance, the applicant shall conduct California Department of
Fish and Game protocol level Blunt-Nosed Leopard Lizard (BNLL) surreys to determine if BNLL are
present on the project site. Any evidence shall be reported to the reviewing agencies for resolution.
Mitigation for potentially significant biological resource impacts.
Cultural Resources (Mitigation Measures)
5. If paleontological resources are encountered during construction, a qualified paleontologist shall be
retained by the developer to evaluate the significance of the resources and formulate a mitigation
program if necessary. The paleontologist shall coordinate with the City of Bakersfield Planning
Department. Mitigation for potentially significant cultural resource impacts.
6. 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.
7. 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
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Exhibit C
GPA/ZC 07-1541
Mitigation/Conditions of Approval
Page 4 of 6
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.
Traffic and Circulation (Mitigation Measures)
8. 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 traffic impacts.
9. 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 not covered by
the RTIF as identified in Table 8 of the project Traffic Study (McIntosh and Associates, April
2008). Mitigation for potentially significant traffic impacts.
Public Works
10. 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 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.
b. Sewer service must be provided to the GPA/ZC area. 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. Contact Kern
Sanitation Authority and get awill-serve letter from KSA. Perform any work KSA may
require.
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.
d. 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
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Exhibit C
GPA/ZC 07-1541
Mitigation/Conditions of Approval
Page 5 of 6
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
12. 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
13. 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
14. Local Mitigation
The internal intersection of Mall View Rd and Fashion PI shall be re-striped to provide operational
improvements based upon a design approved by the City Engineer. Current striping and marking
currently causes driver confusion.
Pay the proportionate share of the following mitigation measures (not paid for by the Regional
Transportation Impact Fee nor included with normal development improvements) as indicated in
Tables 6 and 8 of the traffic study. An estimate and fee schedule (breaking out fees for the various
uses in both this GPA and the other additions) shall be developed by the applicant and approved
prior to recordation of a map or issuance of a building permit. Proportionate shares from the study
as follows:
I. Columbus St & Mt Vernon Ave, Add 1 WBL, 1 NBL, 0.54% share
II. Auburn St & Oswell St, Add 1 NBL, 0.74% share
III. Mt Vernon Ave & Fwy 178, Westbound On/Off Ramp, Add 1 WBR, 0.71 % share
IV. Mt Vernon Ave, Columbus St to Fwy 178, Widen to 6 lanes, 3.10% share
Notes: NB -north bound, SB -south bound, WB -west bound, EB -east bound
L -Left turn lane, T -Through lane, R -Right turn lane
Regional Transportation Impact Fee
Pay the standard commercial fees, computed per policy, as adopted at time of development. For
potentially significant traffic impacts.
Reciprocal Parking and Access Agreement
15. The applicant shall record a reciprocal access agreement with the adjacent commercial property to
the east of the GPA/ZC site, prior to any future approvals. Proof of said agreement shall be
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Exhibit C
GPA/ZC 07-1541
Mitigation/Conditions of Approval
Page 6 of 6
provided to the City Attorney's office and Planning Department. For orderly development.
City Attorney Condition
15. 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 orjudicial 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.
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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 21st day of August , 2008 she posted on the Bulletin Board at
City Hall, a full, true and correct copy of the following: Ordinance No. 4524 ,passed
by the Bakersfield City Council at a meeting held on the 20th day of August, 2008
and entitled:
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND
AMENDING TITLE 17 (ZONE MAP NO. 103-22) OF THE MUNICIPAL
CODE BY CHANGING THE ZONING FROM R-1 TO C-2/PCD ON 7.69
ACRES GENERALLY LOCATED SOUTHEAST OF MT. VERNON
AVENUE AND STATE ROUTE 178. (ZC 07-1541)
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
DEPUTY City Clerk
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