HomeMy WebLinkAboutORD NO 4549ORDINANCE NO. 4 5 4 9
AN ORDINANCE AMENDING SECTION 17.06.020 (ZONE MAP
NO. 143-06) OF TITLE SEVENTEEN OF THE BAKERSFIELD
MUNICIPAL CODE BY CHANGING THE ZONING FROM FROM
A (AGRICULTURE) ZONE TO C-2 (REGIONAL COMMERCIAL)
ZONE ON 4.5 ACRES AND FROM A (AGRICULTURE) TO R-1
(ONE FAMILY DWELLING) ZONE ON 20.14 ACRES
GENERALLY LOCATED AT THE SOUTHWEST CORNER OF
TAFT HIGHWAY AND CHEVALIER ROAD (FILE NO. ZC 08-
0491 PRE-ZONING)
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 southwest corner of Taft Highway and Chevalier Road as shown on
Exhibit "2";
WHEREAS, by Resolution No. 135-08 on October 2, 2008 the Planning Commission
recommended approval of an ordinance amending Title 17 of the Municipal Code to approve
Zone Change 08-0491 (Pre-zoning) as delineated on attached Zoning Map No. 143-06 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 regarding changes in zoning of the subject property from A
(Agriculture) zone to C-2 (Regional Commercial) zone on 4.5 acres and from A (Agriculture) to
R-1 (One Family Dwelling) zone on 20.14 acres 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, for the above described project, an initial study was conducted and it was
determined that the proposed project would not have a significant effect on the environment and
a Negative Declaration was prepared and approved by the Kern County Board of Supervisors
on March 28, 2006 (Resolution 2006-090), in conjunction with Project General Plan Amendment
Case No. 3, Map No. 143-6 and Zone Change Case No. 17 and in accordance with CEQA; and
WHEREAS, said Negative Declaration is applicable to and appropriate for this project;
and
WHEREAS, said Negative Declaration for the proposed project is the appropriate
environmental document to accompany project approval. In accordance with CEQA Section 15162,
no further environmental documentation is necessary because no substantial changes to the original
project are proposed, there are no substantial changes in circumstances under which the project will
be undertaken and no new environmental impacts have been identii•ied. The project will not
significantly impact the physical environment because mitigation measures relating to cultural
resources and air quality have been incorporated into the project.
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WHEREAS, the general plan designation for this area allows commercial and residential
development; and
WHEREAS, the City Council has considered and hereby makes the following findings:
1. All required public notices have been given.
2. The provisions of the California Environmental Quality Act (CEQA) have been
followed.
3. The public necessity, general welfare and good zoning practice justify the
requested change of zones from the existing zoning districts to C-2 and R-1
zones.
4. The proposed project is consistent with the surrounding land uses.
5. The proposed project, as shown on Exhibit 2, is consistent with the Metropolitan
Bakersfield General Plan.
6. The public necessity, general welfare and good planning practices justify the
requested zone change.
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.
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. 143-06 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
_ DEC 1 7 1008 by the following vote:
AY COUNCILMEMBER:
NOES: COUNCILMEMBER:
ABSTAIN: COUNCILMEMBER:
ABSENT: COUNCILMEMBER:
i ~/
CAR O , BENHAM, WE RI COUCH, HAN O , SULLIVAN, SCf~IVNER
PAMELA A. McCARTHY V %~
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
By: ~'h`
Exhibits: 1. Conditions.
2. Location Map.
3. Zone Map No. 143-06
4. Legal Description
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EXHIBIT "1"
ZONE CHANGE 08-0491
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:
a. Provide fully executed dedication for Taft Highway to arterial standards and Chevalier
Road to collector standards for the full frontage of the area within the 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. Upon further development of the
ZC area, improvements shall include full width improvements on the south half of Taft
Highway in front of the "gap" parcels (ATN 185-070-08). 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.
b. This GPA/ZC area is too small to support it's own storm drainage sump. The City will
allow no more than one sump per 80 acres; therefore, this GPA/ZC area must be
included within the drainage area of adjoining property. Submit a comprehensive
drainage study of the entire drainage area, to be reviewed and approved by the City
Engineer. The study shall show the development's proportionate share of the necessary
ultimate storm drainage facilities. The developer shall participate in the development of a
Planned Drainage Area, or shall provide some other method for the construction of the
ultimate facilities satisfactory to the City Engineer. Any required retention site and
necessary easements shall be dedicated to the City.
c. Sewer service must be provided to the GPA/ZC area. The developer shall be
responsible for the initial extension of the sewer line to serve the property. This sewer
line must necessarily be sized to serve a much larger area that the project area. The
City is willing to aid the developer in the formation of a Planned Sewer Area and/or an
Assessment District to provide a mechanism for the reimbursement of oversizing costs
to the developer.
d. 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.
e. 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.
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
8y TJ S:IZoneChangelyr 2008108-0491108-0491-Exh1.DOC1
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Exhibit "1"
ZC 08-0491
Page2of5
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 and/or $2487 for residential dwelling unit
(insert what 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. For orderly development
3. 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.
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 this site is limited and will be determined at site plan review.
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.
By TJ S:IZoneChangelyr 2008108-0491108-0491-Exh1.DOC1
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Exhibit "1"
ZC 08-0491
Page 3 of 5
PLANNING
7. The zone change shall be C-2. (Regional Commercial) zone on approximately 4.5 acres and R-1
(One Family Dwelling) zone on approximately 20 acres.
Orderly development.
8. Prior to approval of a site plan review, issuance of a building permit or any other development
permit, the developer shall submit and obtain approval and recordation of the appropriate
subdivision procedure to create a separate lot(s) for the subject property to eliminate the split zoning
of the current property created upon approval of this zone change.
Orderly development.
9. With site plan review and/or subdivision map, subdivider shall provide a through local street
along the southern boundary of the proposed commercial from the west to Chevalier Road to
serve the neighborhood between the commercial and residential designation.
Orderly development.
10. If during construction activities or ground disturbance, cultural resources are uncovered, the
subdivider shall stop work and retain a qualified archeologist for further study. Subdivider shall
notify the proper authorities and be subject to any mitigation measures required of the archeologist.
Mitigation measure as recommended by Archeological Associates of Kern County, Alan P. Gold,
Ph.D., August 2008.
MITIGATION MEASURES
11. Neighboring Business Activity Statement:
The County of Kern encourages operation of properly conducted businesses in agriculture, oil,
mining, manufacturing, and other non-residential operations within the County. If the property you
are purchasing is located near these businesses, you may be subject to inconvenience or
discomforts arising from the operations to the extent allowed by law. This notice does not waive
your legal rights.
Mitigation measure from the County of Kern GPA Case No. 3 /Zone Change Case No. 9 7, Map No.
946-3. Monitoring Program #9.
12. The following notes shall appear on all final maps and grading improvement plans:
(a) Water shall be applied to the site at least twice daily to mitigate the impact the dust and
PM10 emissions. Spraying should be sufficient to ensure that the soils remain damp,
with the frequency of spraying dependent on weather conditions.
(b) All grading activities shall be restricted to periods of low wind to reduce dust emissions.
(c) Landscaping and/or soil stabilization techniques )i.e. jute netting or soil stabilizing agents)
shall be employed to reduce wind erosion and dust during grading and until the site is
fully built out. AK
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By TJ S:IZoneChangelyr 2008108-0491108-0491-Exh1.DOC1
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Exhibit "1"
ZC 08-0491
Page 4 of 5
(d) Construction speed limits shall be posted as 10 miles per hour. Preparation of roadway
surfaces in a manner (where segments of the route are graded in succession) will greatly
minimize the amount of time the surfaces are left exposed, thereby reducing vehicle-
related dust emissions.
(e) The premature of groundcover in advance of development is prohibited. Concurrent with
the submittal of any grading plans, the project proponent shall provide a written
explanation of any phased grading plans or other methods to be employed to ensure that
soil erosion as a result of wind or water is minimized.
Mitigation measure from the County of Kern GPA Case No. 3 /Zone Change Case No. 17, Map No.
146-3. Monitoring Program #2.
13. The following shall appear on all final maps, grading, and improvement plans:
(f) All residence shall be served by a meter public water system in order to monitor water
usage and encourage water conservation.
(g) Project shall be provided with sanitary sewer, and applicable sewer connection fees shall
be paid.
(h) If, during grading construction activities, any plugged and abandoned or unrecorded wells
are uncovered or damaged, the Department of Conservation/Division of Oil, Gas, and
Geothermal Resources shall be contacted to inspect and approve any remediation
required.
Mitigation measure from the County of Kern GPA Case No. 3 /Zone Change Case No. 17, Map No.
146-3. Monitoring Program #3.
14. The following shall be conditions of approval of any precise development plan or subdivision map
approved for the project site:
(i) Transportation Impact Fee (TIF) shall be paid in accordance with the Transportation
Impact Fee Ordinance (G-7042 or the latest version thereof).
(j) The entrance to the commercial usage (located at the intersection of Chevalier Road and
Taft Highway/Panama Road) shall be off Chevalier Road.
(k) Prior to issuance of building permit on the proposed commercial parcel (located at the
northwest corner of the proposed subdivision), the developer of this referenced
commercial property shall pay the parcel's proportionate share of median on Taft
Highway/Panama Road.
(I) Ingress and egress to the commercial property (located at the northwest corner of the
proposed subdivision) from Taft Highway/Panama Road shall be limited to right turn in
and right turn out. Appropriate signage and construction shall be included in this
referenced parcel's development.
Mitigation measure from the County of Kern GPA Case No. 3 /Zone Change Case No. 17, Map No.
146-3. Monitoring Program #5. ~ 0 A KF9
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By TJ S:IZoneChangelyr 2008108-0491108-0491-Exh1.DOC1
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Exhibit "1"
ZC 08-0491
Page 5 of 5
15. Prior to the recordation of the tract map, the subdivider shall pay a proportionate share of the cost of
a traffic signal at the intersection of Chevalier Road and Taft Highway/Panama Road.
Mitigation measure from the County of Kern GPA Case No. 3 /Zone Change Case No. 17, Map No.
146-3. Monitoring Program #6.
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ZONING MAP 143.06
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Exhibit "4"
LEGAL DESCRIPTIONS
FOR
PROPOSED ZONES
A TO C-2
The North 481.73 feet of the East 407.14 feet of Parcel 2 of Lot Line Adjustment
No. 56-94, per Certificate of Compliance recorded November 29, 1994 as Document
No. 170452 of Official Records in the Office of the Kern County Recorder.
Contains 4.5 Acres
ATOR-1
Parcel 2 of Lot Line Adjustment No. 56-94, per Certificate of Compliance recorded
November 29, 1994 as Document No. 170452 of Official Records in the Office of the
Kern County Recorder, EXCEPTING THEREFROM the North 481.73 feet of the East
407.14 feet.
Contains 20.14 Acres
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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. 4549 ,passed
by the Bakersfield City Council at a meeting held on the 17th day of December, 2008
and entitled:
AN ORDINANCE AMENDING SECTION 17.06.020 (ZONE MAP NO. 143-
06) OF TITLE 17 OF THE MUNICIPAL CODE BY CHANGING THE
ZONING FROM A TO C-2 ON 4.5 ACRES AND FROM A TO R-1 ON
20.14 ACRES GENERALLY LOCATED AT THE SOUTHWEST CORNER
OF TAFT HIGHWAY AND CHEVALIER ROAD (ZC 08-0491)
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
DEPUTY City Clerk
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