HomeMy WebLinkAboutORD NO 4526ORDINANCE NO. 4 5 2 6
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION
AND AMENDING SECTION 17.06.020 (ZONING MAP NO. 102-
29) OF TITLE SEVENTEEN OF THE BAKERSFIELD
MUNICIPAL CODE BY CHANGING THE ZONING FROM R-1
(ONE FAMILY DWELLING) TO M-1 (LIGHT MANUFACTURING)
ON 4.65 ACRES, GENERALLY LOCATED AT THE
SOUTHWEST CORNER OF LANGLEY ROAD AND EL TORO
VIEJO ROAD (FUTURE).
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 Langley Road and EI Toro Viejo Road
(future); and
WHEREAS, by Resolution No. 88-08 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. 08-0590 as delineated on attached Zoning Map
102-29 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) to M-1 (Light Manufacturing) on 4.68 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 23, 2008, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows for Light
Manufacturing 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. 88-08, 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.
4. The proposed project is consistent with surrounding uses.
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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.
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 said City, the boundaries of which
property is shown on Zoning Map 102-29 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.
08-0590.
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 2008
by the following vote:
A~YES~ COUNCILMEMBER CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER
NOES: COUNCILMEMBER (~~.~,
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
PAMELA A. McCARTH , CMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED AUG 2 0 2008
HARVEY L. HALL
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
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Exhibit A -Zoning Maps 102-29
B -Zone Change Legal Description
C -Mitigation/Conditions of Approval
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EXHIBIT A
ZONING MAP 102-29
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EXHIBIT B
ZONE CHANGE LEGAL DESCRIPTION
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ZONE CHANGE #5233
LEGAL DESCRIPTION
The north half of the south half of Lot 21 in Section 29, Township 29 South, Range 27
East, Mount Diablo Base & Meridian, in the City of Bakersfield, County of Kern, State
of California, according to the map entitled "Sales Map of Lands of J. B. Haggin in
Section 29, Township 29 South, Range 27 East, Mount Diablo& Base Meridian", dated
August 20, 1890 on file in the office of the County Recorder.
Also, the south 145.41' of the north half of Lot 21 in Section 29, Township 29 South,
Range 27 East, Mount Diablo & Base Meridian.
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EXHIBIT C
MITIGATION /CONDITONS OF APPROVAL
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EXHIBIT A
Mitigation/Conditions of Approval
General Plan Amendment/Zone Change No. 08-0590
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:
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 EI Toro Viejo Road to collector 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
subdivision map over the entire GPA/ZC area is submitted, dedication can be provided
with the map.
b. Submit a comprehensive drainage study to be reviewed and approved by the City
Engineer. No more than 1 sump may be utilized to serve this area; this sump should be
located so that it is available to serve adjacent areas as they develop. The study shall be
approved and any required retention site and necessary easements dedicated to the City.
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Exhibit A-1
GPA/ZC 08-0590
Page 2
c. 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.
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. 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/industria. 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 the
GPA area. For orderly development.
6. Access to the project area from Rosedale Highway or Brimhall Road is provided by a sub-
standard road. With the development of the project area, approved, improved access to the
site must be provided. The required improvements shall be 36 feet of paving meeting City
design standards for a collector road, with two 12' lanes and 6' shoulders. 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. For orderly development.
7. The development is required to pay into the adopted Regional Traffic Impact Fee fixed rate
program. For orderly development.
8. A traffic analysis dated March 31, 2008 was prepared by Porter & Associates justifying that no
detailed traffic study is required was found to be acceptable. The analysis shows the change
will result in an insignificant increase in potential trip generation (6 PM peak hour trips) which
is below thresholds established by the City and Caltrans (100 peak hour trips). We concur with
the findings of the analysis and recommend that the development be required to pay into the
adopted Regional Traffic Impact Fee fixed rate program. The fee program improvements
mitigate impacts of the existing densities and therefore will do so due to the minor increase.
For orderly development.
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Exhibit A-1
GPA/ZC 08-0590
Page 3
City Attorney
9. 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.
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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. 4526 ,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. 102-29) OF THE MUNICIPAL
CODE BY CHANGING THE ZONING FROM R-1 TO M-1 ON 4.65
ACRES GENERALLY LOCATED AT THE SOUTHWEST CORNER OF
LANGLEY ROAD AND EL TORO VIEJO ROAD (FUTURE) (ZC 08-0590)
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
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DEPUTY City Clerk
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