HomeMy WebLinkAboutORD NO 4546~r
ORDINANCE NO. 4 5 4 6 ,;
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND
AMENDING SECTION 17.06.020 (ZONE MAP NO. 103-22) OF TITLE
SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING
THE ZONING FROM R-1 (ONE FAMILY DWELLING) TO C-2/PCD
(REGIONAL COMMERCIAUPLANNED COMMERCIAL DEVELOPMENT) ON
8.41 ACRES LOCATED ON THE NORTH SIDE OF MALL VIEW ROAD,
SOUTH OF HIGHWAY 178, APPROXIMATELY'/4-MILE WEST OF OSWELL
STREET (ZONE CHANGE N0.08-0472).
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 on the north side of Mall View Road, south of Highway 178,
approximately'/.-mile west of Oswell Street as shown on Exhibit "2";
WHEREAS, by Resolution No.133-08 on October 2, 2008 the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve C-2/PCD (Regional Commercial/Planned Commercial Development)
zone as delineated on attached Zoning Map No. 103-22 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 R-1 (One Family
Dwelling) to C-2/PCD (Regional Commercial/Planned Commercial Development) on 8.41 acres
for purposes of commercial development 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 July 21, 2008,
in accordance with CEQA; and
WHEREAS, per CEQA Section 21091(b) the Initial Study/Negative Declaration
was submitted to the State Clearinghouse for review on July 21, 2008 (SCH # 2008071101), for
a 30 day comment period which ended on August 19, 2008; and in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows major 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/PCD zone.
4. The overall design of the project, 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; and
SECTION 1.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield
as follows:
1. 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. 103-22
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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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
NOV 1 9 2008 by the following vote:
AYES: COUNCILMEMBER:
S: COUNCILMEMBER:
ABSTAIN: COUNCILMEMBER:
ABSENT: COUNCILMEMBER:
CARSON, BENHAM, WEIR, COUCH, HANSON, SUL IVAN, SCR ER
PAMELA A. McCARTHY, CMC
CITY CLERK and Ex Officio Clerk the
Council of the City of Bakersfield
APPROVED
NOV 1 9 200,8
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
By:
Exhibits: 1. Conditions of Approval
1.a. Table 8 of the project Traffic Study (McIntosh and Associates)
2. Location Map with Zoning
3. Proposed Zoning Map 103-22
4. Legal Description
KShea 1 S:1ZoneChange\yr 2008108-0472\CC\CC ORDINANCE.doc
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EXHIBIT "1"
ZONE CHANGE 08-0472
CONDITIONS OF APPROVAL
PUBLIC WORKS
1. 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. In accordance with the CalTrans Highway Design manual for an off-ramp peak
hour volumes less that 1,500 but more than 900), aone-lane width exit ramp
should be provided with a provision for adding an auxiliary lane and an additional
lane on the ramp. Since the proposed project site is adjacent to the eastbound
off-ramp and is also within the vicinity of the future auxiliary lane area, an
additional 12 feet of freeway right-of-way will need to be acquired for the future
improvement. No dedication is required for this project, but with the issuance of
all building permits for the site, they shall pay either their proportionate share of
the SR 178 project, or, if it is in effect, the Phase IV Transportation Impact Fee.
Buildings shall be set back at least 15 feet from the future right-of-way line.
Orderly development.
1.2. Construct drainage improvements including additional piping and storm water
separator per the drainage study. Deepen the existing basin near Bernard Street
as required by the drainage study. The study shall be approved and any
required retention site and necessary easements dedicated to the City.
1.3. 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. The project applicant shall provide the City of Bakersfield with a phasing plan of
the onsite and required offsite roadway improvements to be reviewed and
approved by the City Engineer.
1.5. 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.
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 Change 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.
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Exhibit "1"
ZC 08-0472
Page 2 of 6
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. The development is required to pay into the adopted Regional Traffic Impact Fee fixed
rate program.
6. The applicant shall record a reciprocal access agreement with the adjacent commercial
property to the east 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.
CITY ATTORNEY
7. 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
8. Prior to development such as issuance of a grading permit or building permit, whichever occurs first,
the developer shall obtain approval from the Planning Commission of the Preliminary Development
Plans for the project site.
Orderly development.
By KShea S:IZoneChangelyr 2008108-0472108-0472 ZCExh1.DOC1
9/18/2008
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Exhibit "1
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Page 3 of 6
MITIGATION MEASURES
AIR QUALITY
9. The applicant/developer of the project site shall submit documentation to the Planning
Department prior to development that they will/have met the following air quality mitigation
measures. The following measures have either been applied to the project through the latest
URBEMIS Model or will be implemented in conjunction with the San Joaquin Valley Air Pollution
Control District (SJVAPCD) rules.
Mitigation for potentially significant air quality impacts
10. To ensure that project emissions are minimized, the applicant will implement and comply with a
number of mitigation measures. Some of the listed mitigation measures are also regulatory
requirements or construction requirements that result in emission reductions through their
inclusion in project construction and long-term design. The following measures either have been
applied to the project through the URBEMIS model and will be incorporated into the project by
design or will be implemented in conjunction with SJVAPCD rules:
10.1 Planned PM,o Mitigation Measures
As the project will be completed in compliance with SJVAPCD Regulation VIII, dust control
measures will be taken to ensure compliance specifically during grading and construction
phases. The mitigation measures to be taken are as follows:
Water previously exposed surfaces (soil) whenever visible dust is capable of drifting
from the site or approaches 20% opacity.
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.
• Reduce speed on unpaved roads to less than 15 miles per hour.
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.
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.
Control fugitive dust emissions during land clearing, grubbing, scraping, excavation,
leveling, grading, or cut and fill operations with application of water or by presoaking.
When transporting materials offsite, maintain a freeboard limit of at least 6 inches and
cover or effectively wet to limit visible dust emissions.
• 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).
Stabilize the surface of storage piles following the addition or removal of materials using
water or chemical stabilizer/suppressants.
• Remove visible track-out from the site at the end of each workday.
• 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).
By KShea S:IZoneChangelyr 2008108-0472108-0472 ZCExh1.DOC1 ''~~
9/18/2008 ~ '
Exhibit "1"
ZC 08-0472
Page 4 of 6
10.2 Measures to Reduce Equipment Exhaust
The GAMAQI guidance document lists the following measures as approved and recommended
for construction activities. These measures should be required to ensure that the proposed
project emissions are not exceeded:
• Maintain all construction equipment as recommended by manufacturer manuals.
• Shut down equipment when not in use for extended periods.
• Construction equipment shall operate no longer than eight (8) cumulative hours per day.
• Use electric equipment for construction whenever possible in lieu of diesel or gasoline
powered equipment.
• 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.
• All construction vehicles shall be equipped with proper emissions control equipment and
kept in good and proper running order to substantially reduce NOX emissions.
• On-Road and Off-Road diesel equipment shall use diesel particulate filters if permitted
under manufacturer's guidelines.
• On-Road and Off-Road diesel equipment shall use cooled exhaust gas recirculation
(EGR) if permitted under manufacturer's guidelines.
• All construction workers shall be encouraged to shuttle (car-pool) to retail establishments
or to remain on-site during lunch breaks.
• All construction activities within the project area shall be discontinued during the first
stage smog alerts.
• 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).
10.3 Other Air Quality Mitigation Measures
The following mitigation measures are recommended to further reduce the potential for long-
term emissions from the project. These measures will be required to ensure that the proposed
project emissions are not exceeded:
• The project design shall comply with standards set forth in Title 24 of the Uniform
Building Code to minimize total consumption of energy.
• Applicants shall be required to comply with applicable mitigation measures in the Air
Quality Attainment Plan, District Rules, Traffic Control Measures, Regulation VIII and
Indirect Source Rules for the SJVAPCD.
• The developer shall comply with the provisions of SJVAPCD Rule 4601 -Architectural
Coatings, during the construction of all buildings and facilities. Application of architectural
coatings shall be completed in a manner that poses the least emissions impacts whenever
such application is deemed proficient.
. The applicant shall comply with the provisions of SJVAPCD Rule 4641 during the
construction and pavement of all roads and parking areas within the project area.
Specifically, the applicant shall not allow the use of:
o Rapid cure cutback asphalt;
o Medium cure cutback asphalt;
o Slow cure cutback asphalt (as specified in SJVAPCD Rule 4641, Section
5.1.3); or Emulsified asphalt (as specified in SJVAPCD Rule 4641, Section 5.1.4).
By KShea S:IZoneChangelyr 2008108-0472108-0472 ZCExh1.DOC1
9N8/2008
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o The developer shall comply with applicable provisions of SJVAPCD Rule
9510 (Indirect Source Review).
BIOLOGICAL RESOURCES:
11. Prior to grading plan approval and within 30 days of initial ground disturbance, a Translocation
Agreement for the existing Bakersfield cactus anticipated to be disturbed shall be approved by
the California Department of Fish and Game (DFG) and submitted to the Planning Director, and
shall include the following specifications:
• Recipient site location.
• Design and dimensions of the public information sign for the original cactus site.
• Design and dimensions of the public information sign for the recipient cactus site.
• DFG guidelines for acceptable timeframes of translocation activities.
Mitigation for potentially significant biological resource impacts.
12. A preconstruction clearance survey shall be conducted within 30 days of initial ground
disturbance in accordance with the provisions of the MBHCP and shall include the following
recommendations as applicable:
Any identified kit fox dens shall be monitored, excavated, and backfilled in accordance with
the recommendations of the MBHCP, CDFG, and USFWS.
All pipes, culverts or similar structures with a diameter of four inches or greater shall be kept
capped to prevent entry or entrapment of kit foxes. If they are not capped or otherwise
covered, they should be inspected twice daily, and also prior to movement, burial or closure
to ensure no kit foxes or other wildlife becomes entrapped.
Any identified burrowing owl site shall be monitored in accordance with the guidelines,
protocols, and other provisions of the CDFG, the USFWS, the Migratory Bird Treaty Act, the
Endangered Species Act, and the California Endangered Species Act.
• All trees suitable for raptor nesting shall be inspected prior to removal to ensure no "take" of
potential raptor nests.
A qualified biologist shall conduct "tailgate° sessions for all construction personnel prior to
initial ground disturbance.
Mitigation for potentially significant biological resource impacts.
13. Prior to ground disturbance, the subdivider shall have a qualified consultant survey the location
for burrowing owl, and comply with the provisions of the Migratory Bird Treaty Act (MBTA) of
1918 (16 U.S.C. 703-711). Survey protocol shall be that recommend by the State Department
of Fish and Game. Subdivider shall be subject to the mitigation measures recommended by the
consultant. A copy of the survey shall be provided to the Planning Department prior to ground
disturbance.
The burrowing owl is a migratory bird species protected by international treaty under the
Migratory Bird Treaty Act (MBTA) of 1918 (16 U.S.C. 703-711). The META makes it unlawful to
take, possess, buy, sell, purchase, or barter any migratory bird listed in 50 C.F.R. Part 10,
including feathers or other parts, nests, eggs, or products, except as allowed by implementing
regulations (50 C.F.R. 21). Sections 3503, 3503.5, and 3800 of the California Department of
Fish and Game Code prohibit the take, possession, or destruction of birds, their nests or eggs.
To avoid violation of the take provisions of these laws generally requires that project-related
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disturbance at active nesting territories be reduced or eliminated during critical phases of the
nesting cycle (March 1 -August 15, annually). Disturbance that causes nest abandonment
and/or loss of reproductive effort (e.g., killing or abandonment of eggs or young) may be
considered "taking" and is potentially punishable by fines and/or imprisonment.
Mitigation measure.
CULTURAL RESOURCES
14. 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 Kem County
Coroner shall be notified immediately (Section 7050.5 of the California Health and Safety Code
and Section 5097.98 of the California Public Resource Code which details the appropriate
actions necessary for addressing the remains) and the local Native American community shall
be notified immediately.
Mitigation measure.
15. Prior to ground-disturbance activities associated with this project, personnel associates 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 measure.
TRAFFIC IMPACTS
16. Prior to the issuance of any building permit within the 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 measure.
17. Prior to issuance of the first building permit within the 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 8 of the project Traffic Study (McIntosh and Associates, April
2008).
Mitigation measure.
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EXHIBIT "4"
ZONE CHANGE - R-1 to C-2/P.C.D.
A parcel of land situated in a portion of the Northeast Quarter of Section 22, T. 29
S., R. 28 E., M.D.M. Said Parcel also being all that parcel described in Director's
Deed 72894-01-01 dated October 1989 and more particularly described as
follows:
Commencing for reference at the north quarter corner of said Section 22;
Thence (1), along the west line of the N.E. Quarter of said section, SO°21'42"E.,
599.44 feet to the northerly boundary line of the land described in the deed to W.
R. Parker, et al, recorded August 3, 1972 in Book 4707 at page 125, Kern County
Official Records, said line also being the northerly boundary of Parcel Map No.
8267 filed in Book 35 of Parcel Maps at Page 183;
Thence along said northerly boundary, also being the southwesterly boundary of
the land described in the deed to the State of California, recorded June 30, 1964
in Book 3740 at page 623, Kern County Official Records, the following courses:
(2), N79°42'11 "E., 2.23 feet; (3), N89°53'51 "E, 442.30 feet; (4), S61 °03'34"E,
118.82 feet; (5), S61 °01'52"E, 127.49 feet and (6), S61 °03'53"E, 23.19 feet to the
TRUE POINT OF BEGINNING whish is also the most westerly corner of said
Director's Deed parcel;
THENCE (7), continuing along the northerly boundary of said Parcel Map No.
8267 and retracing the Director'e South half of the1N WSQuarter of theeNtE the
south line of the North half of th
Quarter of said section;
THENCE (8), along said south line, N89°17'34"E, 591.45 feet to the
southeasterly corner of that parcel described in said Director's Deed 72894-01-
01;
THENCE (9), along the east line of said Director's Deed parcel, N24°39'42"E,
365.42 feet to the northeasterly corner of that parcel described in said Director's
Deed 72894-01-01;
THENCE (~10), along the northerly b comer of sa d Daectolr'scDeed parcelarcel
N81 °39 25 W, 94.35 feet to the next
THENCE (11), continuing along the northerly boundary line of said Director's
Deed parcel N85°48'18"W, 539.96 feet to the next corner of said Director's Deed
parcel;
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EXHIBIT "4"
ZONE CHANGE LEGAL DESCRIPTION, PAGE 2 OF 3
THENCE (12), continuing along said northerly boundary line N88°18'03"W,
460.51 feet to the northwest corner of said parcel described in Director's Deed
72897-01-01;
THENCE (13), along the westerly boundary of said parcel described in said
Director's Deed, S34°23'39"W, 187.86 feet to the TRUE POINT OF BEGINNING.
The above described parcel contains 8.41 acres, more or less.
There shall be no abutter's rights of access appurtenant to the above described
real property in and to the adjacent State freeway.
Reserving unto the State of California on the deed parcel the right of drainage
conveyance through pipeline(s) and on the remaining parcel, the perpetual right
and easement to discharge any and all drainage water thereon accumulating
from that portion of the adjacent and adjoining freeway right of way for State
Route 178, between Haley Street and Fairfax Avenue.
PREPARED BY:
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RICHARD MEYER,
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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 20th day of November , 2008 she posted on the Bulletin Board
at City Hall, a full, true and correct copy of the following: Ordinance No. 4546 ,passed
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by the Bakersfield City Council at a meeting held on the 2~day of November, 2008
and entitled:
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND
AMENDING TITLE 17 (ZONE MAP NO. 103-22) OF THE MUNICIPAL
CODE BY CHANGING THE ZONING FROM R-1 (ONE FAMILY
DWELLING) TO C-2/PCD (REGIONAL COMMERCIAL/PLANNED
COMMERCIAL DEVELOPMENT) ON 8.41 ACRES LOCATED ON THE
NORTH SIDE OF MALL VIEW ROAD, SOUTH OF HIGHWAY 178,
APPROXIMATELY '/4 MILE WEST OF OSWELL STREET. (ZC NO. 08-
0472)
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By~~~~-~Q.~~
DEPUTY City Clerk
S:\DOCUMEN7\FORMSWOP.ORD.wpd
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