HomeMy WebLinkAboutORD NO 4530ORDINANCE NO. 4 5 3
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND
AMENDING SECTION 17.06.020 (ZONE MAP NO. 101-26) OF
TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE
BY CHANGING THE ZONING FROM AN E (ESTATE) ZONE TO
A C-2/P.C.D. (REGIONAL COMMERCIAL/PLANNED
COMMERCIAL DEVELOPMENT) ZONE ON 6.72 ACRES, AND
FROM A C-2 (REGIONAL COMMERCIAL) ZONE TO A C-
2/P.C.D. ZONE ON 8.28 ACRES, TOTALING A ZONE CHANGE
OF 15 ACRES TO C-2/P.C.D. ZONE GENERALLY LOCATED ON
THE NORTHWEST CORNER OF ALLEN ROAD AND BRIMHALL
ROAD (FILE # 07-2041)
WHEREAS, in accordance with the procedure 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 northwest corner of Allen Road and Brimhall Road; and
WHEREAS, by Resolution No. 103-08 on July 17, 2008 the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve a zone change from an E (Estate) zone to a C-2/P.C.D. (Regional
Commercial/Planned Commercial Development) zone on 6.72 acres, and from a C-2 (Regional
Commercial) zone to a C-2/P.C.D. zone on 8.28 acres, totaling a zone change of 15 acres to C-
2/P.C.D. zone as delineated on attached Zoning Map No. 101-26 marked Exhibit "3", by this
Council and this Council has fully considered the recommendations made by the Planning
Commission as set forth in that Resolution; 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 an E zone to a C-
2/P.C.D. zone on 6.72 acres, and from a C-2 zone to a C-2/P.C.D. zone on 8.28 acres, totaling
a zone change of 15 acres to C-2/P.C.D. zone and the Council has considered said findings and
all appear to be true and correct; and
WHEREAS, the law and regulations relating to the preparation and adoption of
Negative Declarations, as set forth in CEQA and City of Bakersfield's CEQA Implementation
Procedures, have been duly followed by city staff, Planning Commission and this Council; and
WHEREAS, a Negative Declaration was advertised and posted on June 25,
2008, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows commercial
development; and
WHEREAS, the City Council has considered and hereby makes the following
findings:
All required public notices have been given
2. The provisions of the California Environmental Quality Act (CEQA) have been
followed.
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3. The public necessity, general welfare and good zoning practice justify the
requested change of zone from the existing zoning district to C-2/P.C.D. zone.
4. The proposed planned commercial development zone, as conditioned, is
consistent with the goals and policies of all elements of the general plan.
5. The conditions of approval, attached hereto as Exhibit "1 "are needed to provide
for orderly development, and the public health, welfare and safety.
SECTION 1.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield
as follows:
All of the foregoing recitals are hereby found to be true and correct.
2. The Negative Declaration is hereby approved and 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. No. 103-08
marked Exhibit " 3" attached hereto and made a part hereof, and are more specifically described
in attached Exhibit "4 ".
4. Such zone change is hereby made subject to the conditions of approval
listed in attached Exhibit "1".
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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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
SEP 0 3 2008 by the following vote:
AYES: COUNCILMEMBER: CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIV N, SCRIVNER
N ES: COUNCILMEMBER: r'l~?YL._Q
ABSTAIN: COUNCILMEMBER: V1f)btl~
ABSENT: COUNCILMEMBER: h ~.
PAMELA A. McCARTHY, CMC
CITY CLERK and Ex Officio Cler of the
Council of the City of Bakersfield
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
By: ~.
Exhibits: 1. Conditions.
2. Location Map.
3. Zone Map
4. Legal Description
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ORIGINAI
APPROVED SEP 0 3 2008
EXHIBIT "1"
ZONE CHANGE 07-2041
CONDITIONS OF APPROVAL
PUBLIC WORKS
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:
1.1. Provide fully executed dedication for Brimhall Road and Allen Road to arterial standards for
the full frontage of the area within the Zone Change (ZC) 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 ZC area is submitted, dedication can be provided with the map.
1.2. This 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 ZC area must be included within the drainage
area of adjoining property. The storm water from this site is included in the drainage basin for
Tract 6121.
1.3. Sewer service must be provided to the 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.
1.4. 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.
1.5. Developer is responsible for the construction of all infrastructure, both public and private,
within the boundary of the 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.
2. 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 projects. 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
3. The entire area covered by this Zone Chaqnge 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 ZC area.
4. Payment of the proportionate share of the cost of the median for the arterial frontage of the property
within the ZC request is required prior to recordation of any map or approval of any improvement
plan for the ZC area.
5. Access to the arterial and collector streets will be limited and determined at time of division or
development. Determination of whether a right turn lane is required at the access street(s) will also
be made at the time of division or development. A full access opening will only be considered if oh~AK~9sT
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ORIGINAL
Exhibit "1"
ZC 07-2041
Page 2 of 4
developer funds and installs a traffic signal at the site entrance. Said signal will only be permitted if
a signal synchronization study is submitted and approved, which shows progression is not adversely
affected.
CITY ATTORNEY
6. 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 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.
PLANNING
7. Prior to development, the developer shall obtain approval from the Planning Commission of the
Preliminary Development Plans for the project site.
Orderly development.
MITIGATION MEASURES
Air Quality
8. Planned PM,o Mitigation Measures
8.1. Water previously exposed surfaces (soil) whenever visible dust is capable of drifting from
the site or approaches 20% opacity.
8.2. Water all unpaved haul roads a minimum of three-times/day or whenever visible dust from
such roads is capable of drifting from the site or approaches 20% opacity.
8.3. Reduce speed on unpaved roads to less than 15 miles per hour.
8.4. 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.
8.5. 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.
8.6. Control fugitive dust emissions during land clearing, grubbing, scraping, excavation,
leveling, grading, or cut and fill operations with application of water or by presoaking. ~PKE9
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ZC 07-2041
Page 3 of 4
8.7. When transporting materials offsite, maintain a freeboard limit of at least 6 inches and cover
or effectively wet to limit visible dust emissions.
8.8. 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).
8.9. Stabilize the surface of storage piles following the addition or removal of materials using
water or chemical stabilizer/suppressants.
8.10. Remove visible track-out from the site at the end of each workday.
8.11. Cease grading or other activities that cause excessive (greater than 20% opacity) dust
formation during periods of high winds (greater than 20 mph over aone-hour period).
9. Measures to Reduce Equipment Exhaust
9.1. Maintain all construction equipment as recommended by manufacturer manuals.
9.2. Shut down equipment when not in use for extended periods.
9.3. Construction equipment shall operate no longer than eight (8) cumulative hours per day.
9.4. Use electric equipment for construction whenever possible in lieu of diesel or gasoline
powered equipment.
9.5. Curtail use of high-emitting construction equipment during periods of high or excessive
ambient pollutant concentrations such as "Spare-the-Air" days as declared by the
SJVAPCD.
9.6. All construction vehicles shall be equipped with proper emissions control equipment and
kept in good and proper running order to substantially reduce NOX emissions.
9.7. On-Road and Off-Road diesel equipment shall use diesel particulate filters if permitted
under manufacturer's guidelines.
9.8. On-Road and Off-Road diesel equipment shall use cooled exhaust gas recirculation (EGR) if
permitted under manufacturer's guidelines.
9.9. All construction workers shall be encouraged to shuttle (car-pool) to retail establishments or
to remain on-site during lunch breaks.
9.10. All construction activities within the project area shall be discontinued during the first
stage smog alerts.
9.11. 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).
Cultural Resources
10. If any human remains are discovered, all work shall stop until the Kern County Coroner has been
notified and has evaluated the remains. If any other archaeological artifacts are discovered during
site development all work shall stop until the find has been evaluated by a qualified archaeologist or
historian.
Mitigation measure as recommended by GPA 00-0474
Noise
11. With the Planned Commercial Development site plan review, the applicant of the site plan review
shall provide a letter from the acoustical analysis consultant, Brown-Buntin Associates, that the
assumptions in the acoustical analysis "Acoustical Analysis -Artisan Square Commercial
Development" (May 2008) are valid for the proposed site plan. If the assumptions are not valid and
Byelisheva S:IZoneChangelyr2008107-2041107-2041 ZCExh1.DOC1
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Exhibit "1"
ZC 07-2041
Page 4 of 4
result in potentially greater acoustical impacts, the applicant for the P.C.D. site plan review will
provide an updated acoustical analysis.
Byelisheva S:IZoneChangelyr2008107-2041107-2041 ZCExh1.DOC1
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ORIGINAL
EXHIBIT "4"
LEGAL DESCRIPTION
fOR
ZONE CHANGE No. 07-2041
E to C-2 P.C.D.
All that portion of Parcel "A" of Parcel Map 10763 per Book 52 of Parcel Maps at Page 115 in the Office of the Kern
County Recorder, also being a portion of the Southeast quarter of the Southeast quarter of Section 26, Township 29
South, Range 26 East, Mount Diablo Meridian, in the City of Bakersfield, County of Kern, State of California, more
particularly described as follows:
Commencing at the southeast corner of said Parcel "A"; Said paint also being the southeast corner of said Section 26
and the centerline intersection of Allen Road and Brimhall Road; Thence North 89°10'56" West along the South line of
said Parcel "A", the South line of said southeast quarter, and the centerline of said Brimhall Road, a distance of 765.00
feet to the southwest corner of said Parcel "A'; thence North 00°43'01" East along the West boundary line of said
Parcel "A", a distance of 55.00 feet to a point on the North right-of-way line of said Brimhall Road and the point of
beginning;
Thence continuing along the boundary lines of said Parcel "A" the following two courses:
Thence (1) North 00°43'01" East, a distance of 931.12 feet to the northwest corner of said Parcel "A",
Thence (2) South 89°14'10" East, a distance of 710.00 feet to a point on the West right-of-way line of said Allen
Road;
Thence along the West right-of-way line of said Allen Road the following two courses:
Thence (3) South 00°43'01" West, a distance of 266.88 feet,
Thence (4) South 01°35'06" West, a distance of 57.52 feet,
Thence (5) North 89°12'33" West, a distance of 605.73 feet along the north line of the Southeast Quarter of the
Southeast Quarter of the Southeast Quarter of said Section 26;
Thence (6) South 00°42'21" West, a distance of 606.22 feet along the West line of the Southeast Quarter of the
Southeast Quarter of the Southeast Quarter of said Section 26, to a point on the North right-of way
line of Brimhall Road;
Thence along the said North right-of way line of said Brimhall Road the following two courses.
Thence (7) North 89°57'00" West, a distance of 58.42 feet,
Thence (8) North 89°10'56" West, a distance of 45.10 feet to the point of beginning.
Contains 6.72 Acres more or less.
C-2 to C-2 P.C.D.
All that portion of Parcel "A" of Parcel Map 10763 per Book 52 of Parcel Maps at Page 115 in the Office of the Kern
County Recorder, also being a portion of the Southeast quarter of the Southeast quarter of the Southeast quarter of
Section 26, Township 29 South, Range 26 East, Mount Diablo Meridian, in the City of Bakersfield, County of Kern, State
of California, more particularly described as follows:
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ORIGINAL
EXHIBIT "4"
Commencing at the southeast corner of said Parcel "A"; Said point also being the southeast corner of said Section 26
and the centerline intersection of Allen Road (Co. Rd. No. 67) and Brimhall Road (Co. Rd. No. 591); Thence North
89°10'56" West along the South line of said Parcel °A", the South line of said southeast quarter, and the centerline of
said Brimhall Road, a distance of 765.00 feet to the southwest corner of said Parcel "A"; Thence North 00°43'01" East
along the West boundary line of said Parcel "A", a distance of 55.00 feet to a point on the North right-of-way line of
said Brimhall Road; Thence South 89°10'56" East, a distance of 45.10 feet along said right-of-way, Thence South
89°57'00" East, a distance of 58.42 feet along said right-of way to the point of beginning;
Thence (i) North 00°42'21" East, a distance of 606.22 feet along the west line of the Southeast Quarter of the
Southeast Quarter of the Southeast Quarter of said Section 26,
Thence (2) South 89°12'33" East, a distance of 605.73 feet along the north line of the Southeast Quarter of the
Southeast Quarter of the Southeast Quarter of said Section 26;
Thence along the West right-of-way line of said Allen Road and the North right-of-way line of said Brimhall Road the
following six courses:
Thence (3) South Ol°35'06" West, a distance of 272.52 feet,
Thence (4) South 05°28'50" West, a distance of 120.42 feet,
Thence (5) South 00°43'01" West, a distance of 189.84 feet,
Thence (6) South 45°46'03" West, a distance of 28.31 feet,
Thence (7) North 89°10'56" West, a distance of 299.86 feet,
Thence (8) South 89°57'00" West, a distance of 271.61 feet to the point of beginning.
Contains 8.28 Acres more or less.
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LINE TABLE
LINE BEARING LENGTH
L1 N 00'43'01" E 55.00'
L2 S 00'43'01" W 266.88'
L3 01'35'06" W 272.52'
L4 S 05'28'50" W 120.4 '
L5 S 00'43'01" W 189.84'
L6 S 45'46'03" W 28.31'
L7 N 89'10'56" W 299.86'
L8 S 89'57'00" W 271.61'
L9 N 89'10'56" W 45.10'
L10 N 89'57'00" W 58.42'
L11 S 01'35'06" W 57.52'
SHtEI OAIE U6,U3,2UU9 EXHIBIT MAP
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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 5`~ day of September , 2008 she posted on the Bulletin Board at
City Hall, a full, true and correct copy of the following: Ordinance No. 4530 ,passed
by the Bakersfield City Council at a meeting held on the ~ day of September. 2008
and entitled:
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND
AMENDING TITLE 17 (ZONE MAP NO. 101-26) OF THE MUNICIPAL
CODE BY CHANGING THE ZONING FROM E TO C-2/PCD ON 6.72
ACRES AND FROM C-2 TO C-2/PCD ON 8.28 ACRES GENERALLY
LOCATED ON THE NORTHWEST CORNER OF ALLEN ROAD AND
BRIMHALL ROAD. (ZC 07-2041)
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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ORIGINAL