HomeMy WebLinkAboutORD NO 45694569
ORDINANCE NO.
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION,
DENYING THE APPEAL, AND AMENDING SECTION 17.06.020
(ZONING MAP 103-30) OF TITLE SEVENTEEN OF THE
BAKERFIELD MUNICIPAL CODE TO CHANGE THE ZONING
FROM OS (OPEN SPACE) TO C-C (COMMERCIAL CENTER)
ON 2.5 ACRES, GENERALLY LOCATED EAST OF THE KERN
ISLAND CANAL BETWEEN 19TH STREET AND 21ST STREET
IN DOWNTOWN BAKERSFIELD. (ZC 08-1238). (WARD 2)
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
generally located east of the Kern Island Canal between 19th Street and 21St Street in
Downtwon Bakersfield; and
WHEREAS, by Resolution No. 153-08 on December 18, 2008, the Planning
Commission recommended approval of an ordinance amending Title 17 of the Municipal Code
to approve Zone Change No. 08-1238 as delineated on attached Zoning Map 103-30 marked
Exhibit "B", more thoroughly described in attached Exhibit "C", 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 which warranted a negative declaration of environmental
impact and changes in zoning of the subject property from OS (Open Space) to C-C
(Commercial Center) on 2.5 Acres, and the Council has considered said findings as restated
herein and all appear to be true and correct; and
WHEREAS, a Negative Declaration with mitigation was advertised and posted on
November 7, 2008, in accordance with CEQA; and
WHEREAS, an appeal of the Planning Commission's decision was submitted by Mr.
Edwin Wilson with Edwin W. Wilson, Inc. Professional Law Corporation; and
WHEREAS, the general plan designation for this area, with prior adoption of General
Plan Amendment No. 08-1238, allows for mixed use commercial development; and
WHEREAS, the general plan designations for the surounding areas allows for mixed
use 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 have been
followed.
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ORIGINAL
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 C-C zoning is consistent with surrounding 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."
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 approve the request
is denied.
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 103-30 marked Exhibit "B" attached
hereto and made a part thereof, and are more specifically described in
attached Exhibit "C".
5. Such zone change to C-C is hereby approved subject to the
"Mitigation/Conditions of Approval" listed in attached Exhibit "A", and
subject to approval of GPA No. 08-1238.
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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ORIGINAL
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by the
Council of the City of Bakersfield at a regular meeting thereof held on fIA"ckI l' 009
by the following vote:
A ES: COUNCILMEMBER CAR50N:8r-IgHAIt, WF'TR, C06CH, HA ON, SULLIVAN SCRI ER
COUNCILMEMBER~I-~
ABSTAIN: COUNCILMEMBER ILVV -e
ABSENT: COUNCILMEMBER PXl h a-ly-~
• l LJ< -
PAMELA A. McCARTHY, CMC
CITY CLERK and Ex Officio Cler f the
Council of the City of Bakersfield
APPROVED
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
By:~ 7A
Exhibit A - Mitigation/Conditions of Approval
B - Zoning Maps 103-30
C - Zone Change Legal Description
JS - S:\GPA 4th 2008\08-1238 (GSA Courthouse)\Resolutions\CC ZC Ordinance.08-1238.Approval.doc
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ORIGINAL
Exhibit A
Mitigation/Conditions of Approval
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ORIGINAL
EXHIBIT A
Mitigation/Conditions of Approval
General Plan Amendment/Zone Change No. 08-1238
MITIGATION MEASURES FROM NEGATIVE DECLARATION:
Cultural Resource Mitiaation Measures
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
resource impacts.
2. 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 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 resource
impacts.
ADDITIONAL CONDITIONS OF APPROVAL:
Public Works
Along with the submittal of any development plan, prior to approval of improvement plans, or
with the application for a lot line adjustment or parcel merger, the following shall occur:
a. Submit a drainage study of the entire GPA/ZC area showing pre- and post-development
flows and the disposal method, to be reviewed and approved by the City Engineer. The
City's policy is to allow no more than one publicly maintained sump per 80 acres; this
GPA/ZC area is too small to support its own storm drainage sump. Therefore, this
GPA/ZC area must be included within the drainage area of adjoining property, or the
additional run-off generated by development of this site must be retained on site in a
privately maintained drainage facility. The study shall show the development's
proportionate share of the necessary ultimate storm drainage facilities. If necessary, 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 theo~~AKF9
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ORIGINAL
EXHIBIT A
GPA/ZC No. 08-1238
Mitigation/Conditions of Approval
City Engineer. Any required publicly maintained retention site and necessary easements
shall be dedicated to the City. For orderly development
b. If a new sump is proposed, 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
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. The amount of the fee may be subject to
the annual increase per the Construction Cost Index, as approved by the City Engineer. 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. For orderly development
4. The development is required to pay into the adopted Regional Traffic Impact Fee fixed rate
program. For orderly development
CV 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 preceding, falling under this
condition within thirty (30) days of actually receiving such claim. The City, in its Sol NK4
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ORIGINAL
EXHIBIT A
GPA/ZC No. 08-1238
Mitigation/Conditions of Approval
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.
SAGPA 4th 2008\08-1238 (GSA Courthouse)\Staff Repo rts\Conditions Ex A-1.doc
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ORIGINAL
Exhibit B
Zone Map 103-30
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SEC. 30
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Exhibit C
Zone Change Legal Description
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ORIGINAL
LEGAL DESCRIPTION FOR
FEDERAL COURTHOUSE SITE
AT CENTRAL PARK
All that portion of real property in the Northeast/, of Section 30, Township 29 S. Range
28 E, in the City of Bakersfield, County of Kern, State of California, more particularly
described as follows:
Beginning at a point on the northerly line of 19'h Street as delineated on the map entitled
"Map of Bakersfield, Kern County, Cal.", filed in the office of the County Recorder of
said Kern County August 17, 1875, said point being 437.67 feet easterly of the southwest
corner of Block 225 of said map;
Thence North 27°05'53" East 164.24 feet;
Thence North 25°24'45" East 344.32 feet;
Thence North 23°11'27" East 166.97 feet to the southerly line of 21s' Street as delineated
on said map;
Thence North 90°00'00" East 132.44 feet along said southerly line of 21' Street to the
northwest corner of the parcel of land conveyed to Time-Life Broadcast, Inc. a Colorado
Corporation by decd recorded February 1, 1965 in Book 3810, Page 134 of Official
Records of said Kern County;
Thence South 16°57' 13" West 155.36 feet along westerly line of said parcel to the
southwesterly corner thereof, also being the northwesterly corner of the parcel of land
conveyed to California Water Service Co. by deed recorded November 6, 1951 in Book
1864, Page 225;
Thence South 15°47'25" West 120.03 feet along the westerly line of said California
Water Service Co. parcel to the southwesterly corner thereof being a point on the
northerly line of 20'h Street as delineated on said Map of Bakersfield;
Thence South 20°18'44" West 87.97 feet to the northwesterly corner of the parcel of land
conveyed to Giol Tran and Julic Pham by Grant Deed Document 020516674 recorded
June 29, 2005, thence along the westerly line of said parcel through the following
courses;
(1) Thence South 22°17'25" West 124.88 feet;
(2) Thence South 18°2910" West 34.81 feet;
(3) Thence South 21 °11'09" West 123.92 feet to the southwesterly comer of said
parcel, also being a point on the northerly line of 19`' Street as delineated on said Map of
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ORIGINAL
Bakersfield, said point being 657.24 feet distant westerly from the southeast corner of
Block 222 of the Godey Tract , as per map recorded in said County in Book 1, Page 33 of
Maps;
Thence North 89°59'54" West 209.08 feet along the northerly line of 19`h Street to the
Point of Beginning.
Containing 2.42 Acres more or less.
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ORIGINAL
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LEGEND
- BLOCK #s PER "MAP OF BAKERSFIELD,
KERN COUNTY CAL."
GRAPHIC SCALE
FILED IN KERN COUNTY RECORDER'S OFFICE AUG. 17, 1875
150 0 7s Iso
LINE TABLE
IN FEET)
150
LINE I BEARING ILENGTH
M
1 inch =
I
Ll I S201B7WW 1 67.97'
L2 I S2217 2S'W + 1 X4.88'
10AIE 01-14-M I AU9XX W
OECA D 81`. XW I+~ Na. 2930100 I
L3 I SIB'Zq-10-W 34.81'
L4 152111'O9"w 1123.92'
fEDERAL
COURTHOUSE
CITY OF BAKERSFIELD
PARCEL EXHIBIT
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ENGINEERING I
INC. comsa1r10
Parcel name :
it
East : 99746.71
North
: 50081.
98
Line Course:
N 27-05-53
E
Length:
164.24
East
: 99821.53
North:
50228.19
Line Course:
N 25-24-45
E
Length:
344.32
East
: 99969.28
North:
50539.20
Line Course:
N 23-11-27
E
Length:
166.97
East
: 100035.04
North:
50692.68
Line Course:
S 90-00-00
E
Length:
132.44
East
: 100167.48
North:
50692.68
Line Course:
S 16-57-13
W
Length:
155.36
East
: 100122.17
North:
50544.07
Line Course:
S 15-47-25
W
Length:
120.03
East
: 100089.51
North:
50428.57
Line Course:
S 20-18-44
W
Length:
87.97
East
: 100058.97
North:
50346.07
Line Course:
S 22-17-25
W
Length:
124.88
East
: 100011.61
North:
50230.52
Line Course:
S 18-29-10
W
Length:
34.81
East
: 100000.57
North:
50197.51
Line Course:
S 21-11-09
W
Length:
123.92
East :
99955.79
North:
50081.96
Line Course:
N 89-59-54
W
Length:
209.08
East :
99746.71
North:
50081.97
Perimeter-
1664.03 Area: 105,397 2 14
MMapcheck Closure - (Uses
listed courses, radii, and deltas)t
Error Closure:
0.02
Course:
S 21-41-00
Error East :
-0.006
North:
-0.015
Precision 1:
83,201.00
SAND S~R~
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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 16th day of March , 2009 she posted on the Bulletin Board at
City Hall, a full, true and correct copy of the following: Ordinance No. 4569 , passed
by the Bakersfield City Council at a meeting held on the 11th day of March. 2009 and
entitled:
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION, DENYING
THE APPEAL, AND AMENDING SECTION 17.06.020 (ZONE MAP 103-
30) OF THE MUNICIPAL CODE TO CHANGE THE ZONING FROM OS
TO C-C ON 2.5 ACRES GENERALLY LOCATED EAST OF THE KERN
ISLAND CANAL BETWEEN 19TH STREET AND 21ST STREET (ZC 08-
1238).
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
Y
DEPUTY City Clerk
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ORIGINAL