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
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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.
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Page 2 of 3
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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 _
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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
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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 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.
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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:
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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
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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
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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.
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ORIGINAL
EXHIBIT B
Zoning Map 101-23
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ZONING MAP ORGINAL
EXHIBIT C
Zone Change Legal Descriptions
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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.
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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.
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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 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
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ORIGINAL