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HomeMy WebLinkAboutORD NO 4570ORDINANCE NO. 4 5 7 0 AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONING MAP 101-23) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE PREZONING FROM A (AGRICULTURE ZONE) TO C-2/PCD (REGIONAL COMMERCIAL/PLANNED COMMERCIAL DEVELOPMENT ZONE), C-O/PCD (PROFESSIONAL AND ADMINSTRATIVE OFFICE/PLANNED COMMERCIAL DEVELOPMENT ZONE) AND E (ESTATE ZONE) ON 32.91 ACRES, GENERALLY LOCATED AT THE NORTHEAST CORNER OF ROSEDALE HIGHWAY (SR-58) AND JENKINS ROAD. (ZC NO. 08-1079). 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 request to change the land use zoning of those certain properties being annexed to the City of Bakersfield generally located at the northeast corner of Rosedale Highway (SR-58) and Jenkins Road; and WHEREAS, by Resolution No. 155-08 on Decmber 18, 2008, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 08-1079 as delineated on attached Zoning Map 101-23 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 zone change to change the prezoning of the subject property from A (Agriculture Zone) to C-2/PCD (Regional Commercial/Planned Commercial Development Zone), C-O/PCD (Professional and Administrative Office/Planned Commercial Development Zone), and E (Estate Zone) on 32.91 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 12, 2008, in accordance with CEQA; and WHEREAS, the general plan designation for this area, with prior adoption of GPA No. 08-1079, allows single family residential development, office commercial devlopment and retail commerical development; and WHEREAS, the City Council has considered and concurs with the following findings made by the Planning Commission as set forth in Resolution No. 155-08, adopted on December 18, 2008: All required public notices have been given. 2. The provisions of the California Environmental Quality Act (CEQA) have been followed. 3. Based on the intial study and comments received, staff has determined `gAKF9 that the proposed project could not have a significant effect on the o ~T M ~a O ORIGINAL environment. A Negative Declaration was prepared for the project in accordance with CEQA. 4. The proposed project 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 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 being annexed to the City, the boundaries of which property is shown on Zoning Map 101-23 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", and subject to approval of GPA No. 08-1079. 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. 000 Page 2 of 3 o4~AKF9J' T ~ r v o ORIGINAL 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 APR 0 1 2009 by the following vote: YES: COUNCILMEMBER CARSON, BEIN AM, WEIR, GEM61 I HANSON SULLIVAN, SCRIVNER COUNCILMEMBER V1, rlt ABSTAIN: COUNCILMEMBER V1 rm-a - ABSENT: COUNCILMEMBER r BA _ /J. PAMELA A. McCARTHY, CM CITY CLERK and Ex Officio C k of the Council of the City of Bakersfield APPROVED Mayor of the City of APPROVED as to form VIRGINIA GENNARO City Attorney By: 6~xo&~ tV4~* Exhibit A - Mitigation/Conditions of Approval B - Zoning Map 101-23 C - Zone Change Legal Description BM - S:\GPA 4th 2008\08-1079\Res-Ord\CC Ord 08-1079.doc `gAKF9 U O ORIGINAL EXHIBIT A Mitigation/Conditions of Approval `gAKFy > rn r U ~ ORIGINAL. EXHIBIT A Mitigation/Conditions of Approval General Plan Amendment/Zone Change 08-1079 At a future time deemed appropriate by the City, the applicant or future property owner shall complete the cul-de-sac (western portion) of Phairfield Street along the northeastern edge of the GPA project site. For orderly development. 2. At a future time deemed appropriate by the City, the applicant or future property owner shall construct a street between the retail commercial areas and the residential designations/zoning areas and a street/driveway between the existing and proposed office commercial area. For orderly development. 3. The proposed Suburban Residential area shall not have direct access to Allen Road. For orderly development. 4. The proposed development shall allow for pedestrian access between the residential area and the retail/office commercial areas. For orderly development. 5. Provide a 30 foot wide landscaped setback area inclusive of the standard 5 foot sidewalk along the east side of the property proposed to be zoned C-O/PCD. Construct a seven foot high block wall along the west side of the landscape area with adjustment to wall height to accommodate site line considerations at approved access points. The subject wall shall connect to the wall along the residential site to the north so as not to allow east to west pedestrian access. The Landscape area shall include a meandering sidewalk and a variety of tree sizes including 15 gallon, 24 inch and 48" box sizes. Screening shrubbery in the form of Photinia Fraseri - Red Tip Photinia shall be planted along the face of the wall. For orderly development. Cultural Resources 6. 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 impacts. 7. 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 impacts. 4gAxF9 ~ rn r v o ORIGINAL Exhibit A GPA/ZC 08-1079 Mitigation/Conditions of Approval Page 2 of 5 8. If unrecorded cultural resources are located during development of the site, work must halt in the vicinity and the finds must be assessed by a qualified archaeologist. Mitigation for potentially significant impacts. Air Qualitv 9. 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. For potentially significant impacts. Biological Resources 10. 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 (META) of 1918 (16 U.S.C. 703-711). Survey protocol shall be that recommend 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. For potentially significant impacts. 11. 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. Survey protocol shall be that recommend 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 priorto ground disturbance. Forpotentially significant impacts. Public Works 12. 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: `gAKF,~ rn r U 0 ORIGINAL Exhibit A GPA/ZC 08-1079 Mitigation/Conditions of Approval Page 3 of 5 a. Provide fully executed dedication for Rosedale Highway (SR 58) to CalTrans' arterial standards and Jenkins Road to City of Bakersfield collector standards for the full frontage of the area within the GPA/ZC request. Dedications shall include sufficient widths for expanded intersections and additional areas for landscaping as directed by the City Engineer. Dedicate the east half of Mathew John Avenue and the east side of the cul-de-sac of Pharfield Avenue, as shown for Tentative Tract 6921, to local standards of the area within the GPA/ZC request. 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. b. 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, see Tract 6921 drainage. 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 or provide an onsite sump that is privately maintained. 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 than 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 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 and or site plan review stage. For orderly development. 13. Prior 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. If prior to issuance of a building permit said fee is merged into the regional TIF program then payment of the~AK fi 9 'm c.~ O ORIGINAL Exhibit A GPA/ZC 08-1079 Mitigation/Conditions of Approval Page 4 of 5 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. 14. 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. 15. Payment of the proportionate share of the cost of the median 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. 16. The development is required to pay into the adopted Regional Traffic Impact Fee fixed rate program. For orderly development. 17. SR-58 (Rosedale Highway) is to be constructed to Caltrans standards along the full frontage of the GPA/ZC area. An encroachment permit issued in accordance with Streets and Highways Code Section 671.5 shall be obtained from Caltrans for all placements of encroachments within, under or over State right of way. Encroachments are subject to removal by the Department in accordance with Sections 673 and 720 of the Streets and Highways Code. Encroachment permits do not run with the land. A change of ownership requires a new permit application. For orderly development. Local Mitigation 18. 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 list of mitigation measures from the traffic study. An updated estimate, based upon current costs, and fee schedule shall 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. Renfro Rd & Hageman Rd, Add 1 EBL, 1 EBT, 1 EBR, 2.4% share. b. Jenkins Rd & Hageman Rd, Add 1 NBL, 1 SBL, 6.06% share. C. Renfro Rd & Meacham Rd, Add 1 EBL, 1 WBL, 5.56% share. d. Jenkins Rd & Meacham Rd, Add 1 EBL, 1 WBL, 1 NBL, 1 SBL, 23.28% share. e. Allen Rd & Meacham Rd, Add 1 EBL, 3.44% share. f. Rudd Ave & Rosedale Hwy, Install Signal, 4.68% share. g. Jenkins Rd & Rosedale Hwy, 1 NBT, 1 NBR, 1 SBL, 1 SBT, 1 SBR, 5.12% share. h. Allen Rd & Rosedale Hwy, 1 NBT, 1 SBL, 1SBT, 1 SBR, 5.12% share. i. Jenkins Rd & Palm Ave, Install Signal, 1 EBL, 1 WBL, 1 NBL, 1 SBL, 16.07% share. j. Jenkins Rd & Brimhall Rd, 1 SBL, 1 SBR, 4.62% share. k. West Beltway SB & Rosedale Hwy, 1 SBL, 1 SBT, 0.97% share. 1. West Beltway NB & Rosedale Hwy, 1 NBL, 1 NBT, 1.31 % share. M. Allen Rd: Hageman Rd - Rosedale Hwy, Add 2 lanes, Add median, 2.02% share. For orderly development. `gAKF9 rn ~ r v O ORIGINAL Exhibit A GPA/ZC 08-1079 Mitigation/Conditions of Approval Page 5 of 5 Note: NB - north bound, SB - south bound, WB - west bound, EB - east bound, L - Left turn lane, T - Through lane, R - Right turn lane. Reaional Transportation Imoact Fee 19. Prior to the issuance of building permits, the project applicant shall participate in the RTIF program by paying the adopted commercial and residential unit fees in place for the various land use types at time of development. For orderly development. Citv Attornev Condition 20. 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 orjudicial 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. BM:\\S:\GPA 4th 2008\08-1079\Res-Ord\Exhibit A reso-cc.doc `gAK~9 m r v o ORIGINAL EXHIBIT B Zoning Map 101-23 GgAKF9 ~ m r v Cl ORIGINAL w / ,o NN r ~aa LL N W Q ~Z K. co) 3N~ w W N i% ~ • r M N 1119111 till y y ~tl=i a Us a N J N L r p • N j ` f~ "t3~j iii" O Q gq y Rie► Fii p = I~1 Hil iv a M a ~ I S~ ~ 4 d O„ N u v- ~ ~ i o Q i i~ i r~ W as . Ia !qe. till' R 'f s • rj I IL e Y fiY Yi»$i seL • J ' ZONE CHANGE 08A07 ~ ATION STAFF RECpMME1VD t rs • !a! +•tr wp `yr vor" J7 a ; L,3 s t 1 s ~ 1 t ~ OIII~YIrM~ v L 15 W uO W Iq p ~ W ~ W J AM G • ~ ~ q ~ ~ t ~ jI `1~ w W W W < ~ I R I ~ ~ I I I • ~ M < M 14 II ~ 1 t ap it i~ ' ' pylN3Y Z V ~,1 K~'T } pC • !O! +eM sap ~ T . ZONING MAP ORGINAL EXHIBIT C Zone Change Legal Descriptions 4gAKF9 rn r U o ORIGINAL LEGAL DESCRIPTIONS FOR ZONE CHANGE ZONE CHANGE : A to E Being a portion of the Southwest quarter of the Southeast quarter of Section 23, Township 29 South, Range 26 East, M.D.M., in the County of Kern, State of California according to the Map entitled "Sales Map of Lands of J.B. Haggin in Section 23, Township 29 South, Range 26 East, M.D.M" filed July 17, 1890, and more particularly described as follows; Parcel l : Lot 30 of said Section 23, EXCEPT the southerly 900 feet thereof, as measured parallel with the South line of said Lot. Said South line being the North line of the sixty foot right-0f-way centered upon State Route 58, more commonly known as "Rosedale Highway." Together with lot 29 of said Section 23, EXCEPT the southerly 900 feet thereof, as measured parallel with the South line of said Lot. Said South line being the North line of the sixty foot right-of-way centered upon State Route 58, more commonly known as "Rosedale Highway." Encompassing an area of 13.5 acres, more or less. 1Pj'LSSQ*` f~i~Q o~gAKF9 s ~ r U O ORIGINAL LEGAL DESCRIPTIONS FOR ZONE CHANGE ZONE CHANGE: A TO C-O/PCD Being a portion of the Southwest quarter of the Southeast quarter of Section 23, Township 29 South, Range 26 East, M.D.M., in the County of Kem, State of California, according to the Map entitled "Sales Map of Lands of J.B. Haggin in Section 23, Township 29 South, Range 26 East, M.D.M." filed July 17, 1890, and more particularly described as follows; Parcel 1: The northerly 487 of the southerly 900' of Lot 30 of said Section 23, as measured parallel with the South line of said Lot Said South line being the North line of the sixty foot right-of-way centered upon State Route 58, more commonly known as "Rosedale Highway". Encompassing an area of 7.41 acres, more or less. ZONE CHANGE: A TO C-21PCD Parcel 2: Lot 29 of said Section 23, EXCEPTING therefrom the northerly 443.96. Encompassing an area of 12.0 acres, more or less. r r , t 0 Cp ~r o gAKF9~ T ~ rn ~ r v o 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 2nd day of April , 2009 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4570 , passed by the Bakersfield City Council at a meeting held on the 1 st day of April. 2009 and entitled: AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING TITLE 17 (ZONE MAP 101-23) OF THE MUNICIPAL CODE BY CHANGING THE PREZONING FROM A TO C-2/PCD, C-O/PCD AND E ON 32.91 ACRES GENERALLY LOCATED AT THE NORTHEAST CORNER OF ROSEDALE HWY AND JENKINS ROAD. (ZC 08-1709) PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield B DEPUTY City Clerk S:\D000MEN'nFORMSIAOR ORD.wpd gAKE9 c` 04' s fn- F- r- 3 o ORIGINAL