Loading...
HomeMy WebLinkAboutORD NO 4523ORDINANCE NO. 4 5 2 3 AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONING MAP 124-20) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM R-1 (ONE FAMILY DWELLING) TO C-2/PCD (REGIONAL COMMERCIAL/PLANNED COMMERCIAL DEVELOPMENT) ON 17.5 ACRES, GENERALLY LOCATED AT THE NORTHEAST CORNER OF UNION AVENUE AND PANAMA LANE. (ZC NO. 07-0761). 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 hearting on a petition to change the land use zoning of those certain propterties in the City of Bakersfield generally located at the northeast corner of Union Avenue and Panama Lane; and WHEREAS, by Resolution No. 86-08 on June 19, 2008, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Chanage No. 07-0761 as delindeated on attached Zoning Map 124-20 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, a Negative Declaration with mitigation was advertised and posted on May 16, 2008, in accordance with CEQA; and WHEREAS, the general plan desingation for this area, with prior adoption of GPA No. 07-0761, allows for general commercial; and WHEREAS, the City Council has considered and concurs with the following findings mande by the Plannnig Commission as set forth in Resolution No. 86-08, 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 initial study and comments received, staff has determined that the proposed project could not have a significant effect on the environment. 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". gAKF 7. The laws and regulations relating to the preparation and adoption of o~ 9s~ Negative Declarations as set forth in CEQA, the State CEQA Guidelines, ~_ U p ORIGINAL and the City of Bakersfield CEQA Implementation Procedures, have been duly followed by city staff and the Planning Commission. SECTION 1. follows: NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as 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 124-20 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. 07-0761. 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 O~gAK~9cP ~ ~ ~- m U Or ORIGINAL 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: YES' COUNCILMEMBER S: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN SCRIVNER PAMELA A. McCARTHY, CITY CLERK and Ex Offi o Clerk of the Council of the City of Bakersfield APPROVED AUG 2 p HARVEIi/L. HALL ~/ Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney By: Exhibit A -Zoning Map 124-20 B -Zone Change Legal Description C -Mitigation/Conditions of Approval JS:dc - S:\GPA 2nd 2008\07-0761\Resolution\CC Ord 07-0761.doc s o``~AKF ~ ~' m ~' r U O ORIGINAL Exhibit A Zone Map 124-20 o`~~AK~'S'~' > ~-' ~ ~ U ~j ORIGINAL r ~ ~~ ~~ ~~ gi r~, 6 ~~~x~~~ ~~~~~ ~ ~ ~ ~ ~ ~~~ ~~ ~ ~~ ~~~~~~ ~~ ~i. reUr a L r~u S..ri'ir~1r.:.t~.~'JtS•~l~I ZONE CHANGE 07-0761 STAFF RECOMMENDATION ~i -rr ''MR ^"M w i! i I ~ I ~~ i ~. ,r ~i i i ~ii iFgIIlNfi MiR I ! i~ !a ~I Q ~ KF9 s~ '' m ~ r U O ORIGINAL Exhibit B Zone Change Legal Description o``gAKF9~ > ~ ~_ m r U O ORIGINAL LEGAL DESCRIPTION FOR ~CPA2C 07-0761 PARCEL 1 OF PARCEL MAP NO. 11250 RECORDED IN PARCEL MAP 6flOK 55 AT PAGE 103, EXCEPT THE SOUTH 247 FEET OF THE WEST 274.75 FEET OF SECTION 20, TOV~INSHIP 30 SOUTH, RANGE 28 EAST, M.D.M., KERN COUNTY, CALIFORNIA. CONTAINING 17.50 ACRES, MORE OR LESS. DELMARTER AND DEIFEL Q~~w~vk4l h AMES K. DELMARTER ~ No.1756i- R.C.E. 17564 EXPIRES: fi-30-2009 ~•~~ ~l _ L`~• _ Q~// o~ ~ AKF9.,, '' m ~ r U O ORIGINAL Exhibit C Mitigation/Conditions of Approval o~gAKF9J' ~ '^ ~ m r v o ORIGINAL Mitigation/Conditions of Approval General Plan AmendmentlZone Change 07-0761 Cultural Resources (Mitigation 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 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 cultural 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 culfural 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 not covered by the RTIF as identified in Table 7 of the project Traffic Study (Ruettgers & Schuler Civil Engineers, December 2007). 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 both Union Avenue and Panama Lane to arterial standards for the full frontage of the parcel, including the existing GC piece at the northeast corner of Union Avenue and Panama Lane. 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. For orderly development. s o~~AKF9.~ '' m ~ r U O ORIGINAL Exhibit C GPA/ZC 07-0761 Mitigation/Conditions of Approval Page 2 of 4 b. 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. Fororderly development. 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. There is an existing lift station that serves an adjacent area that must be modified to be able to serve this parcel. The existing gravity line to this lift station must be up-sized to accommodate the additional sewer flow from this GPA/ZC 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. For orderly development. d. 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. For orderly development. e. Developer is responsible for the construction of all infrastructure, both public and private, for the parcel, including the existing GC piece at the northeast corner of Union Avenue and Panama Lane. 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. f. Vesting Tentative Tract 6865 immediately to the east of the GPA/ZC area has a street, Jalpan Avenue that terminates at the GPA/ZC boundary. Developer shall provide 60' wide dedication for Jalpan Avenue through the GPA/ZC from the western boundary to Union Avenue. Developer shall provide dedication for a right turn deceleration lane on Union Avenue at Jalpan Avenue. 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 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 o~ 9 AKF9~ ~ ~ t-- m U p ORIGINAL Exhibit C GPA/ZC 07-0761 Mitigation/Conditions of Approval Page 3 of 4 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 for the parcel, including the existing GC piece at the northeast corner of Union Avenue and Panama Lane is required prior to recordation of any map or approval of any improvement plan for the GPA/ZC area. The median on Union Avenue must be reconstructed to conform with City standards. This reconstruction shall be done with the development improvements. For orderly development 9. Local Mitigation 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 should 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: 1. Cottonwood Rd & Panama Ln, Add 1 WBL, 1 WBT, 1 WBR, 1 NBL, 1 NBT, 1 NBR, 1 SBL, 1 SBT, 1 SBR, 5.89% share 2. Berkshire Rd & S. Union Ave, Add 1 EBL, 1 EBT, 1 EBR, 1 WBL, 1 WBT, 1 WBR, 6.14% share 3. Hosking Rd & Monitor St, Add 1 NBT, 1 SBT, 2.08% share 4. Cottonwood Rd &Hosking Rd, Install signal, Add 1 EBL, 1 EBT, 1 EBR, 1 WBT, 1 NBL, 1 NBT, 1 NBR, 1 SBL, 1 SBT, 1 SBR, 1.91 % share 5. McKee Rd & S. Union Ave, Add 2 EBL, 1 EBR, 1 WBL, 2.36% share 6. Panama Rd & S. Union Ave, Add 1 NBR, 1.28% share 7. Pacheco Rd, S. H St to Monitor St, Add 2 lanes, 6.39% share 8. Panama Ln, Monitor St to S. Union Ave, Add 2 lanes, 12.32% 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. Access 10. The applicant shall record a reciprocal access agreement with the adjacent commercial property to the south of the GPA/ZC site, prior to any future approvals. Proof of said agreement shall be provided to the City Attorney's office and Planning Department. For orderly development. 11. The applicant shall provide public street access through this project site from Jalpan Avenue, which will allow the adjacent residential neighborhood to the east, access to South Union Avenue. Said vehicular access shall be approved by the Planning Director and Public Works Director prior to o`` g AKF9~ E- m r U p ORIGINAL Exhibit C GPA/ZC 07-0761 Mitigation/Conditions of Approval Page 4 of 4 future approvals for the site. For orderly development and General Plan Land Use Element Policy 30.8. Planning Condition 12. Development of the site shall be subject to the provisions of Bakersfield Municipal Code Section 17.08.140 (Design standards for large retail developments). For orderly development. City Attorney Condition 13. 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. JS:\\S:\GPA 2nd 2008\07-0761 \Resolution\Exhibit A-1.doc o~~AKF T '' m ~ r V d ORIGINAL 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 Auqust , 2008 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4523 ,passed by the Bakersfield City Council at a meeting held on the 20th day of Auqust, 2008 and entitled: AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING TITLE 17 (ZONE MAP NO. 124-20) OF THE MUNICIPAL CODE BY CHANGING THE ZONING FROM R-1 TO C-2/PCD ON 17.5 ACRES GENERALLY LOCATED AT THE NORTHEAST CORNER OF UNION AVENUE AND PANAMA LANE. (ZC 07-0761) PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield DEPUTY City Clerk S:\DOC UM E NT\FORMS\AOP.ORD.wpd ~gAWc~~ O a U ORIGIN~1.-