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".
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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, ~_
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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.
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Page 2 of 3
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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:
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
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Exhibit A
Zone Map 124-20
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ZONE CHANGE 07-0761
STAFF RECOMMENDATION
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Exhibit B
Zone Change Legal Description
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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
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AMES K. DELMARTER ~ No.1756i-
R.C.E. 17564 EXPIRES: fi-30-2009 ~•~~
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Exhibit C
Mitigation/Conditions of Approval
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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.
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Exhibit C
GPA/ZC 07-0761
Mitigation/Conditions of Approval
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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
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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
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Exhibit C
GPA/ZC 07-0761
Mitigation/Conditions of Approval
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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.
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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 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
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