HomeMy WebLinkAboutORD NO 4525ORDINANCE NO. 4 5 2 5
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION
AND AMENDING SECTION 17.06.020 (ZONING MAP 101-23)
OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL
CODE BY CHANGING THE ZONING FROM A (AGRICULTURE
ZONE) TO C-O/PCD (PROFESSIONAL AND ADMINISTRATIVE
OFFICE/PLANNED COMMERCIAL DEVELOPMENT ZONE) ON
6.2 ACRES, LOCATED ALONG THE NORTH OF SIDE OF
ROSEDALE HIGHWAY (STATE ROUTE 58), GENERALLY
BETWEEN ALLEN ROAD AND JENKINS ROAD. (ZC NO. 08-
0612).
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 north side of Rosedale Highway (State Route 58), generally between Allen
Road and Jenkins Road; and
WHEREAS, by Resolution No. 90-08 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. 08-0612 as delineated on attached Zoning Map 101-23 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 C-O/PCD
(Professional and Administrative Office/Planned Commercial Development Zone) on 6.2 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
14, 2008, in accordance with CEQA; and
WHEREAS, the general plan designation for this area, with prior adoption of General
Plan Amendment No. 08-0612, 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. 90-08, 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. o~gAKF9~
4. The proposed project is consistent with surrounding uses. '_
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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:
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 101-23 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. 08-0612.
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 _ AUO 2 n 20Q9 by the
following vote:
YES: COUNCILMEMBER
S: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
BEN M, WEIR, COUCH HANSON, SULLIVAN, SCRIVNER
PAMELA A. McCARTHY,
CITY CLERK and Ex Offici lerk of the
Council of the City of Bakersfield
HARVEY L. HALL
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
By:
Exhibit A -Mitigation/Conditions of Approval
B -Zoning Map 101-23
C -Zone Change Legal Description
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APPROVED AUG 2 0 2b08
Exhibit A
Mitigation/Conditions of Approval
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EXHIBIT A
MitigationlConditions of Approval
General Plan Amendment/Zone Change No. 08-0612
Cultural Impact Mitiaation Measures
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.
Public Works Conditions
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 Rosedale Highway (SR 58) to CalTrans' to arterial
standards for the full frontage of the area within the GPA request and dedicate and construct
the west half of Sablewood Drive to local standards 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 subdivision map over the entire GPA/ZC area is submitted, dedication
can be provided with the map.
b. This GPA/ZC area 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 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 or provide
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Exhibit A
GPA/ZC 08-0612
Mitigation/Conditions of Approval
Page 2 of 4
an onsite sump that is privately maintained.
c. Sewer service must be provided to the GPA/ZC area. The developer shall be responsible for
the initial extension of the sewer line to serve the property. This sewer line must necessarily be
sized to serve a much larger area that the project area. The City is willing to aid the developer
in the formation of a Planned Sewer Area and/or an Assessment District to provide a
mechanism for the reimbursement of oversizing costs to the developer.
d. 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.
e. 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.
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.
Mitigation for potentially significant transportation impacts.
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. The
GPA/ZC area will be required to join the North of the River Maintenance District. For orderly
development.
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.
Local Mitigation
7. 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 7 and 8 of the traffic study. An estimate and fee schedule shall be developed by the
applicant and approved prior to recordation of a map or issuance of a building permit.
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Exhibit A
GPA/ZC 08-0612
Mitigation/Conditions of Approval
Page 3 of 4
Proportionate shares from the study as follows:
a. Renfro Rd &Hageman Rd, Add 1 EBL, 4.65% share.
b. Jenkins Rd &Hageman Rd, Add 1 NBL, 1 SBL', 7.19% share.
c. Hageman Rd & Allen Rd, Add 1 NBL, 2.62% share.
d. Renfro Rd & Meacham Rd, Add 1 EBL', 1 WBL, 4.97% share.
e. Jenkins Rd & Meacham Rd, Add 1 EBL, 1 WBL, 1 NBL, 1 SBL, 17.44% share.
f. Rudd Rd & Rosedale Hwy (SR 58), Install signal, Add 1 SBL, 2.3% share.
g. Jenkins Rd & Rosedale Hwy (SR 58), Add 1 NBL, 1 SBL, 12.74% share.
h. Allen Rd & Rosedale Hwy (SR 58), Add 1 SBT, 2.46% share.
i. Jenkins Rd & Palm Ave, Install signal, Add 1 EBL', 10.93% share.
j. Allen Rd & Palm Ave, Add 1 WBL', 2.57% share.
k. Allen Rd, Hageman Rd to Rosedale Hwy (SR 58), add 2 lanes, add median2, 2.43% share.
Notes: NB -North bound, SB -South bound, WB -West bound, EB -East bound L -
Leftturn lane, T -Through lane, R -Right turn lane.
'striping only,
Zportions have been widened adjacent to development
Mitigation for potentially significant transportation impacts.
Access Restrictions
8. No left turns in or out shall be permitted to Rosedale Highway (SR 119), if right turns are
permitted, a right turn lane shall be required to the satisfaction of Caltrans and the City
Engineer. For orderly development.
Regional Transportation Impact Fee
9. Pay the standard commercial fees, computed per policy, as adopted at time of development.
Mitigation for potentially significant transportation impacts.
City Attorney Condition
10. 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
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Exhibit A
GPA/ZC 08-0612
Mitigation/Conditions of Approval
Page 4 of 4
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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Exhibit B
Zoning Map 101-23
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Exhibit C
Zone Change Legal Description
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LEGAL DESCRIPTION
ZONE CHANGE: FROM A (AGRICULTURE) TO C-O/PCD (PROFESSIONAL
AND ADMINISTRATIVE OFFICE/PLANNED COMMERCIAL DEVELOPMENT)
Being a portion of the Southwest quarter of the Southeast quarter of Section 23,
Township 29 South, Range 26 East, M.D.M., in the County of Kern, State of California,
according to the Map entitled "Sales Map of Lands of J.B. Haggin in Section 23,
Township 29 South, Range 26 East, M.D.M." filed July 17, 1890, and more particularly
described as follows;
Parcel 1:
The southerly 413 of Lot 30 of said Section2 3, as measured parallel with the South line
of said Lot. Said South line being the North line of the sixty foot right-of--way centered
upon State Route 58, more commonly known as "Rosedale Highway".
Encompassing an area of 6.2 acres, more or less.
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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. 4525 ,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. 101-23) OF THE MUNICIPAL
CODE BY CHANGING THE ZONING FROM A TO C-O/PCD ON 6.2
ACRES LOCATED ALONG THE NORTH SIDE OF ROSEDALE
HIGHWAY (STATE ROUTE 58) GENERALLY BETWEEN ALLEN ROAD
AND JENKINS ROAD. (ZC 08-0612)
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By: o~~-~ ~ ~s2_
DEPUTY City Clerk
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