HomeMy WebLinkAboutORD NO 4552ORDINANCE NO. 4 5 5 2
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION
AND AMENDING SECTION 17.06.020 (ZONING MAP 123-36)
OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL
CODE BY CHANGING THE ZONING FROM A (AGRICULTURE)
TO R-1-CH (ONE FAMILY DWELLING WITH CHURCH
OVERLAY) ON 6.36 ACRES, GENERALLY LOCATED
BETWEEN THE 99 FREEWAY AND ELLASHOSH STREET,
SOUTH OF MCKEE ROAD (ZC NO. 08-1036).
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 upon annexation generally located between the 99 freeway and Ellashosh Street,
south of Mckee Road; and
WHEREAS, by Resolution No. 124-08 on September 18, 2008, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve Zone Change No. 08-1036 as delineated on attached Zoning Map
123-36 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, 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 A (Agriculture) to R-1-
CH (One Family Dwelling with Church Overlay) on 6.36 Acres, and the Council has considered
said findings as restated herein and all appear to be true and correct; and
WHEREAS, 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; and
WHEREAS, a Negative Declaration with mitigation was advertised and posted on
August 13, 2008 in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows residential
development on the approximately 6.36-acre project site; and
WHEREAS, the City Council has considered and concurs with the following
findings made by the Planning Commission as set forth in Resolution No. 124-08, adopted on
September 18, 2008:
All required public notices have been given.
2. The provisions of the California Environmental Quality Act have been
followed.
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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 land 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"
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 123-36 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", subject to approval of GPA No.
08-1036.
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 December 17, 2008 by the following
vote:
YES: COUNCI
NOES: COUNCI
ABSTAIN: COUNCI
ABSENT: COUNCI
PAMELA A. McCARTHY,
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
DEC
7
HARVEY L. HALL
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
By:
Exhibit A -Mitigation/Conditions of Approval
B -Zoning Map 123-36
C -Zone Change Legal Description
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Exhibit A
Mitigation/Conditions of Approval
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Exhibit A
Mitigation/Conditions of Approval
General Plan Amendment/Zone Change No. 08-1036
MITIGATION MEASURES FROM NEGATIVE DECLARATION:
Air Quality Mitiqation Measures
The proposed project will have air pollutant emissions associated with the construction and
occupied use of the project site. Prior to grading plan approval, the applicant/developer of the
project site shall submit documentation to the Planning Department that they will/have met all air
quality control measures required by the San Joaquin Valley Air Pollution Control District.
Mitigation for potentially significant air quality impact.
Biological Impact Mitiqation Measures
2. Prior to ground disturbance, the developer 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 recommended by the State Department of Fish
and Game. Developer 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 MBTA 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 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 for potentially significant biological
resource impact.
3. Prior to ground disturbance, the developer shall have a qualified consultant survey the location for
kit fox, and comply with the provisions of the Metropolitan Bakersfield Habitat Conservation Plan.
Surrey protocol shall be that recommended by the State Department of Fish and Game.
Developer 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. Mitigation
for potentially significant biological resource impact.
Cultural Impact Mitiqation Measures
4. 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 Resource 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 resource impact.
5. Prior to ground-disturbance activities associated with this project, personnel associates with the~AKF
grading effort shall be informed of the importance of the potential cultural and archaeologic~d 9s
T
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EXHIBIT A
GPA/ZC No. 08-1036
Mitigation/Conditions of Approval
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 resource impact.
Noise Impact Mitigation Measures
6. Prior to the issuance of any building permit within the GPA/ZC area, at least a 14 foot block wall is
to be constructed along the eastern property boundary or the wall shall be a height determined by
an approved acoustical study accepted by the Planning Director. Berms may be allowed as
approved by the City Engineer. Mitigation for potentially significant noise impact.
Traffic Mitigation Measures
7. Prior to the issuance of any building permit within the GPA/ZC area, the applicant/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 traffic impact.
8. 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 the following Tables:
TABLE A
FUTURE INTERSECTION IMPROVEMENTS AND LOCAL MITIGATIt7N
Local Mitigation Project
Intersection Total Improvements Required by 2030 (Improvements not Share for
covered by RTIF) Local
Miti ation
Wible Rd & Install Signal - 1 EBL, 2 EBT, 1 WBL, 2
Hoskin Ave
WBT, 1 WBR, 2 NBL, 2 NBT, 1 SBL, 2 SBT _
-
Wible Rd & Install Signal - 1 EBT, 1 WBT, 1 NBL, 1
McKee Rd
NBT, 1 NBR, 1 SBL, 1 SBT 1 EBT, 1 WBT 1.4%
South H St & Install Signal - 1 EBL, 1 EBT, 1 WBL, 1 1 EBL, 1 EBT
1
McKee Rd
WBT, 1 NBL, 1 NBT, 1 NBR, 1 SBL, 1 SBT ,
WBL, 1 WBT 0.51%
Wible Rd & Taft Install Signal - 1 EBL, 2 EBT, 1 EBR, 1
Hwy (SR 119) WBL, 2 WBT, 1 WBR, 2 NBL, 2 NBT, 1 2 NBL, 2 NBT, 1 NBR 0.29%
NBR, 2 SBL, 2 SBT, 1 SBR
Notes:
NB =Northbound WB =Westbound L =Left Turn Lane R =Right Turn Lane
SB =Southbound EB =Eastbound T = Throu h Lane
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EXHIBIT A
GPA/ZC No. 08-1036
Mitigation/Conditions of Approval
TABLE B
FUTURE ROADWAY IMPROVEMENTS AND ~ncni nniTlr:eTtnlu
Roadway Total Improvements
Required by 2030 Local Mitigation
(Improvements not
covered b RTIF Project
Share for Local
Miti ation
Wible Rd: Hosking Ave -Taft Hwy Add 2 lanes, Add - _
Median
McKee Rd: Wible Rd - S. H St Add 2 lanes Add 2 lanes' 4.22%
'Note: The brid a over SR 99 is included in the RTIF.
Mitigation for potentially signiFcant traffic impact.
ADDITIONAL CONDITIONS OF APPROVAL:
Planning Division:
9. The current Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) expires in year 2014.
Projects may be issued an urban development permit, grading plan approval, or building permit
and pay fees prior to the 2014 expiration date under the current MBHCP. As determined by the
City of Bakersfield, only projects ready to be issued an urban development permit, grading plan
approval or building permit) before the 2014 expiration date will be eligible to pay fees under the
current MBHCP. Early payment or pre-payment of MBHCP fees shall not be allowed. The ability
of the City to issue urban development permits is governed by the terms of the MBHCP. Urban
development permits issued after the 2014 expiration date may be subject to a new or revised
Habitat Conservation Plan, if approved, or be required to comply directly with requests of the U.S.
Fish and Wildlife Agency and the California Fish and Game Department. Mitigation for
potentially significant biological resource impact.
10. The following design standards shall be applied to the block wall on the east side of the project
site, along the 99 Freeway:
a. The freeway, highway and expressway (freeway) side face of the wall shall have visual relief
including a minimum 40% fluted texture of masonry, concrete or wall panels, and apre-cast
cap. The City Engineer shall determine the location and design of any required "poured in
place" wall at locations such as abutments and adjacent off-ramps. Visual relief such as
mosaics, murals, public art, stamped or colored concrete may be required by the City Engineer
on the "poured in place" walls. For orderly development.
b. The wall color shall be light to medium shades of grey, brown or off-white. For orderly
development.
c. Climbing vines and an irrigation system are required to be installed adjacent to the wall on the
freeway side of the wall. The vines shall be planted within an 18 inch width area adjacent to
the wall. Vine species, spacing, location and irrigation system shall be approved by the City
Recreation and Parks Department. For orderly development.
d. A ten (10) foot wide all weather maintenance road shall be provided adjacent the freeway side
of the wall. This 10-foot road shall be outside the CalTrans' right-of-way. The end(s) of the
maintenance roads shall be gated as required by the City Engineer. For orderly~p,KF9
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EXHIBIT A
GPA/ZC No. 08-1036
Mitigation/Conditions of Approval
Public Works:
11. 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. This GPA/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 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.
For orderly development.
b. Sewer service must be provided to the GPA/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. For orderly development.
c. 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. For orderly development.
d. 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 or Site Plan Review stage. For
orderly development.
e. According to the Transportation Concept Report (TCR) for SR 99, the ultimate facility for SR
99 will be an eight lane freeway with a 218-foot width. Currently, SR 99 at this location exists
as a six-lane facility at 190 feet. Buildings should be set back at least 15 feet from the future
property line. For orderly development.
12. 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 and/or $2487 for residential dwelling unit,
whichever applies. 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. Mitigation for potentially significant traffic
impact.
13. 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
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EXHIBIT A
GPA/ZC No. 08-1036
Mitigation/Conditions of Approval
14. Access to the project area from a regularly maintained City street must be provided. Prior to or
concurrently with an application for Subdivision (or next development application ex:
LLA/PMW/SPR) submit an access plan acceptable to the City Engineer. With the development of
the project area, approved, improved access to the site must be provided. The required
improvements shall outlined in the access plan, but at a minimum they shall be 32 feet of paving
meeting City design standards for a local road, with 8' graded 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.
15. 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:
a. Wible Rd 8~ McKee Rd, Add 1 EBL, 1 WBL, 1.4% share
b. South H St & McKee Rd, Add 1 EBL, 1 EBT, 1 WBL, 1 WBT, 0.51 % share
c. Wible Rd & Taft Hwy (SR 119), Add 2 NBL, 2NBT, 1 NBR, 0.29% 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, 1 Striping only
Mitigation for potentially signiFcant traffic impact.
16. Regional Transportation Impact Fee: Pay the standard commercial fees, computed per policy, as
adopted at time of development. Mitigation for potentially significant traffic impact.
City Attorney:
17. 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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Exhibit B
Zoning Map 123-36
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Exhibit C
Zone Change Legal Description
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EXHIBIT `A'
ZONE CHANGE
PARCEL 1:
Parcel B of Lot Line Adjustment No. 26-00, as per Certificate of Compliance recorded
October 20, 2000 as Document No. 0200134151 of Official Records, being a portion of
Lots 17 and 18 in Section 36, Township 30 South, Range 27 East, M.D.M., in the
unincorporated area, County of Kern, State of California, as per Kern County Sales Map
No. 1, of the Lands of J.B. Haggin filed May 3, 1889 in the Office of the Kern County
Recorder, described as follows:
Commencing at the east '/ corner of said Section 36; thence North 89°08' 18" West, along
the north line of the SE '/ of said Section, a distance of 1152.58 feet to a point on the
west right-of--way line of State Freeway 99 (State Route 06-KER-99); thence South
11°32'00" East along the west right-of--way line of State Freeway 99 a distance of 581.39
feet to the True Point of Beginning;
Thence, continuing South I 1°32'00" East along the west right-of--way line of State
Freeway 99, a distance of 378.14 feet;
Thence, South 08°39' 14" East along the west right-of--way line of State Freeway 99, a
distance of 390.16 feet to a point on the south line of Lot 18 of said Kern County Sales
Map No. 1;
Thence, North 89°05'47" West along the said south line of Lot 18 a distance of 433.66
feet to the southwest corner of said Lot 18;
Thence, North 00°36'40" East along the west line of Lot 17 and Lot 18 of said Sales Map
No. 1, a distance of 753.80 feet;
Thence, South 89°08' 18" East, a distance of 291.29 feet to the True Point of Beginning.
Containing 6.36 acres
No. 4320
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Charles A. Reuter ate
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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 18th day of December , 2008 she posted on the Bulletin Board
at City Hall, a full, true and correct copy of the following: Ordinance No. 4552 ,passed
by the Bakersfield City Council at a meeting held on the 17th day of December, 2008
and entitled:
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND
AMENDING SECTION 17.06.020 (ZONE MAP NO. 123-36) OF TITLE 17
OF THE MUNICIPAL CODE BY CHANGING THE ZONING FROM A TO
R-1-CH ON 6.36 ACRES, GENERALLY LOCATED BETWEEN 99
FREEWAY AND ELLASHOSH STREET, SOUTH OF MCKEE ROAD (ZC
08-1036)
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
DEPUTY City Clerk
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