HomeMy WebLinkAboutORD NO 4551ORDINANCE NO. 4 5 51
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION
AND AMENDING SECTION 17.06.020 (ZONING MAP 124-30)
OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL
CODE TO CHANGE THE ZONING FROM R-1 (ONE FAMILY
DWELLING) TO R-2/PUD (LIMITED MULTIPLE FAMILY
DWELLING/PLANNED UNIT DEVELOPMENT) ON 8.14 ACRES,
GENERALLY LOCATED ON THE NORTHEAST CORNER OF
MONITOR STREET AND HOSKING AVENUE. (ZC 08-0726).
(WARD 7)
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 by Trend Capital Group, represented by McIntosh & Associates, to change the
land use zoning of those certain properties in the City of Bakersfield generally located on the
northeast corner of Monitor Street and Hosking Road; and
WHEREAS, by Resolution No. 130-08 on October 2, 2008, the Planning Commission
recommended denial of an ordinance amending Title 17 of the Municipal Code to approve Zone
Change No. 08-0726 as delineated on attached Zoning Map 124-30 marked Exhibit "A", more
thoroughly described in attached Exhibit "B", by this Council and this Council has fully
considered the recommendation made by the Planning Commission as set forth in that
Resolution and related herein; and
WHEREAS, the Planning Commission, as a result of said hearing, did make several
general and specific findings of fact on the negative declaration and denied the requested
changes in zoning of the subject property from R-1 (Single-Family Dwelling Zone) to R-3/PUD
(Multiple Family Dwelling/Planned Unit Development) on approximately 8.14-acres, and the
Council has considered said findings as restated herein; and
WHEREAS, a Negative Declaration with mitigation was advertised and posted on
August 29, 2008, in accordance with CEQA; and
WHEREAS, an appeal of the Planning Commission's decision was submitted by Roger
McIntosh of McIntosh & Associates of behalf of the applicant; and
WHEREAS, the general plan designation for this area, with prior adoption of General
Plan Amendment No. 08-0726, allows for high medium density residential development; and
WHEREAS, the general plan designations for the surounding areas allow residential
development; and
WHEREAS, the City Council held a public hearing on the petition to change the land use
zoning of those certain properties in the City of Bakersfield generally located on the northeast
corner of Monitor Street and Hosking Avenue and the applicant's appeal of the Planning
Commission's October 2, 2008 recommendation; and
WHEREAS, the City Council reviewed the matter, inlcuding additional testimony and
supplemental inoformation on November 19, 2008; and
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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 have been
followed.
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 R-2/PUD zoning is consistent with surrounding uses.
5. The proposed project, as shown on Exhibit "A," 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 "A."
7. 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.
SECTION 1.
NOW, THEREFORE, BE IT RESOLVED AND FOUND BY THE COUNCIL OF THE
CITY OF BAKERSFEILD as follows:
That the above recitals, incorporated herein, are true and correct.
2. The report of the Plannig Commission, including maps and all reports and
papers relevant thereto, transmitted by the secretary of the planning
Commission to the City Council, is hereby received.
3. The appeal of the Planning Commission decision to deny the requested
R-3/PUD is upheld.
4. 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 and the boudaries of which that
property is shown on Zoning Map 124-30 marked Exhibit "B" attached
hereto and made a part thereof, and are more specifically described in
attached Exhibit "C".
5. Such zone change to R-2/PUD is hereby approved subject to the
"Mitigation/Conditions of Approval" listed in attached Exhibit "A", and
subject to approval of GPA No. 08-0726.
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SECTION 2.
This resolution 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 Resolution was passed and adop e y the
Council of the City of Bakersfield at a regular meeting thereof held on DEC 1 ~ ~~
by the following vote:
AYE ~ COUNCILMEMBER CARSON, BEN A , WE R COUCH HANSON, SULLIVAN, SC V ER
ES: COUNCILMEMBER 1/1,f31ti.~
ABSTAIN: COUNCILMEMBER !/t,BYL~L-
ABSENT: COUNCILMEMBER ~_
PAMELA A. MICA , CMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED DEC 1 7 2008
HARVEY L. HALL ~
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
av:
Exhibit A -Mitigation/Conditions of Approval
B -Zoning Maps 124-30
C -Zone Change Legal Description
JS - S:\GPA 3rd 2008\08-0726\Resolution\CC ZC Ordinance.08-0726.Approval.doc
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Exhibit A
Mitigation/Conditions of Approval
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Mitigation/Conditions of Approval
General Plan Amendment/Zone Change 08-0726
Biological Resources
Prior to ground disturbance, the developer/subdivider shall have a qualified consultant surrey 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. Developer/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 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 impacts.
2. Prior to ground disturbance, the subdivider shall have a qualified consultant surrey the location for
kit fox, and comply with the provisions of the Metropolitan Bakersfield Habitat Conservation Plan.
Survey protocol shall be that recommended 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. Mitigation forpotentially
significant biological impacts.
Cultural Resources (Mitigation Measures)
3. 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 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 impacts.
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
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Exhibit A
GPA/ZC 08-0726
Mitigation/Conditions of Approval
Page 2 of 4
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 cultural impacts.
Traffic and Circulation (Mitigation Measures)
5. 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.
6. 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 6 and 8 of the project Traffic Study (McIntosh and Associates, July
2008). Mitigation for potentially significant impacts.
Public Works
8. 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 Hosking Avenue to arterial standards for the full
frontage of the area within the GPA 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 GPA/ZC area is submitted, dedication can be provided with
the map. For orderly development.
b. This GPA/ZC area is currently within the Golden Valley Planned Drainage Area. The
developer shall revise Golden Valley Planned Drainage Area to reflect the change in zone
and verify that the existing facilities are sized sufficiently to handle any additional flows. If
any facilities are now too small to handle the increase drainage from the GPA/ZC area, this
developer shall be responsible for the upsizing the facilities. The developer shall pay the
Golden Valley Planned Drainage Area fee of $5223 per acre. For orderly development.
c. 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.
d. Developer is responsible for the construction of all infrastructures, both public and private,
for the parcel. 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 infrastructures will be
addressed at the site plan review stage. For orderly development.
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Exhibit A
GPA/ZC 08-0726
Mitigation/Conditions of Approval
Page 3 of 4
9. 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.
10. Payment of median fees for the arterial frontage of the property within the GPA/ZC request is
required prior to recordation of any map or approval of any improvement plan for the GPA/ZC area.
For orderly development.
11. Prior to issuance of a building permit, developer shall pay a major transportation facility fee in the
amount of $2487 for residential dwelling unit. 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
12. The development is required to pay into the adopted Regional Traffic Impact Fee fixed rate program.
For orderly development.
13. 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 6 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. Panama Ln and South "H" St., Add 1 EBL, 1 WBT, 1 NBL, 1 SBL, 1 SBR, 1.00% share
2. Panama Ln and Monitor St, Restripe 1 NBL, 1.87 % share
3. Panama Ln and South Union Ave, Restripe 2 EBL, add 1 EBT, 0.76% share
4. Berkshire Rd and Monitor St, Restripe 1 NBT, 3.30% share
5. Taft Hwy/SR 119 and SR 99 SB Offramp/Compagnoni St, Restripe 1 SBT to 1 SBLT, 0.13%
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, 'Striping only
Regional Transportation Impact Fee
Pay the standard residential fees, computed per policy, as adopted at time of development
Access
14. The applicant shall provide stub out street access to this project site from Monitor Street, which will
allow future access to residential zoned property east of the project site. Said vehicular access shall
be approved by the Planning Director and Public Works Director prior to future approvals for the
site. For orderly development and General Plan Land Use Element Policy 30.8.
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Exhibit A
GPA/ZC 08-0726
Mitigation/Conditions of Approval
Page 4 of 4
City Attorney Condition
15. 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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Exhibit B
Zone Map 124-30
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Exhibit C
Zone Change Legal Description
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PROPOSED ZONE CHANGE
LEGAL DESCRIPTION
BEING A PORTION OF THE WEST HALF OF LOT 29 OF BERKSHIRE FARM TRACT, FILED AUGUST 27,
1901, IN MAP BOOK 1 AT PAGE 38, IN THE OFFICE OF THE KERN COUNTY RECORDER. ALSO BEING
THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 30, TOWNSHIP 30 SOUTH, RANGE 28
EAST, M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
PROPOSED R 2 PUD (FROM R-1l
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 30, SAID POINT ALSO BEING ON
THE CENTERLINE HOSKING AVENUE (COUNTY ROAD NO. 365); THENCE SOUTH 89°29'53" EAST, ALONG
THE SOUTH LINE OF SAID SOUTHEAST QUARTER AND THE CENTERLINE OF SAID HOSKING AVENUE, A
DISTANCE OF 4.87 FEET TO THE INTERSECTION WITH THE CENTERLINE OF MONITOR STREET;
THENCE SOUTH 89°29'53" EAST, CONTINUING ALONG SAID SOUTH LINE AND THE CENTERLINE OF
SAID HOSKING AVENUE, A DISTANCE OF 329.93 FEET TO THE SOUTHEAST CORNER OF THE WEST
HALF OF SAID LOT 29; THENCE NORTH 00°35'34" EAST, ALONG THE EAST LINE OF SAID WEST HALF, A
DISTANCE OF 65.00 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE FOLLOWING EIGHT (8)
COURSES:
1) DEPARTING SAID EAST LINE, NORTH 84°44'03" WEST, A DISTANCE OF 60.24 FEET; THENCE
2) NORTH 89°29'53" WEST, A DISTANCE OF 190.84 FEET; THENCE
3) NORTH 44°27'11" WEST, A DISTANCE OF 42.46 FEET; THENCE
4) NORTH 00°35'31" EAST, A DISTANCE OF 114.88 FEET; THENCE
5) NORTH 00°14'02" EAST, A DISTANCE OF 640.01 FEET; THENCE
6) NORTH 00°35'31" EAST, A DISTANCE OF 467.18 FEET TO THE NORTH LINE OF SAID LOT 29;
THENCE
~ SOUTH 89°29'40" EAST, ALONG SAID NORTH LINE, A DISTANCE OF 284.95 FEET TO THE
NORTHEAST CORNER OF THE WEST HALF OF SAID LOT 29; THENCE
8) SOUTH 00°35'34" WEST, ALONG THE EAST LINE OF SAID WEST HALF, A DISTANCE OF
1257.10 FEET TO THE POINT OF BEGINNING.
CONTAINING 8.14 NET ACRES, MORE OR LESS.
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McINTOSH & ASSOCIATES
2001 Wheelan Court
Bakers#ield, CA 93309 OpKF
(661) 834-4814 0`` 9sT
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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 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. 4551 ,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. 124-30) OF TITLE 17
OF THE MUNICIPAL CODE BY CHANGING THE ZONING FROM R-1
TO R-2/PUD ON 8.14 ACRES GENERALLY LOCATED ON THE
NORTHEAST CORNER OF MONITOR STREET AND HOSKING
AVENUE. (ZC 08-0726)
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
DEPUTY City Clerk
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