HomeMy WebLinkAboutORD NO 4587
ORDINANCE NO. 4 5 8 7
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION
AND AMENDING SECTION 17.06.020 OF TITLE SEVENTEEN
OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING
THE ZONING FROM A (AGRICULTURE) TO M-1 (LIGHT
MANUFACTURING) AND M-2 (GENERAL MANUFACTURING)
ON 8.7-ACRES GENERALLY LOCATED AT THE SOUTHEAST
CORNER OF HAGEMAN ROAD AND ALLEN ROAD, EAST OF
THE A.T.&S.F. RAILROAD TRACKS. (ZC 09-0303). (WARD 4,
UPON ANNEXATION).
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 being annexed
to the City of Bakersfield generally located on at the southeast corner of Hageman Road and
Allen Road; and
WHEREAS, by Resolution No. 44-09 on August 6, 2009, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve Zone Change No. 09-0303 as delineated on attached Zoning Map
marked Exhibit "A", 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 changes in zoning of the subject property from A (Agriculture) to M-1
(Light Manufacturing) and M-2 (General Manufacturing) on 8.7-acres and the Council has
considered said findings as restated herein and all appear to the true and correct; and
WHEREAS, a Negative Declaration with mitigation was advertised and posted on
May 12, 2009, in accordance, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows for industrial
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. 44-09, adopted on
August 6, 2009:
1. 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.
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4. The proposed project 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 ORDAINED by the Council of the City of Bakersfield
as follows:
1. 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 said City, the
boundaries of which property is shown on Zoning Map marked Exhibit "A"
attached hereto and made a part hereof, and are more specifically
described in attached Exhibit "B
4. Such zone change is hereby made subject to the "Mitigation/Conditions
of Approval" listed in attached Exhibit "C", subject to approval of Zone
Change No. 09-0303.
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 SEP 2 3 2009
by the following vote:
AY COUNCILMEMBER CARSON, BENHAM, WEIR, HANSON, SULLIVAN, SCRIVNER
NOES: COUNCILMEMBER
A COUNCILMEMBER
ENT COUNCILMEMBER (5 LA (70"7
PAMELA A. McCART CMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
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HARVEY L. HALL
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA NNARO
City Attor
By: ~v4}
Exhibit A - Zoning Map
B - Zone Change Legal Description
C - Mitigation/Conditions of Approval
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Exhibit A
Zoning Map
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Exhibit B
Zone Change Legal Description
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LEGAL DESCRIPTION
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All that portion of Lot 25 in Section 13, Township 29 South, Range 26 East, Mount Diablo
Meridian, in the unincorporated area of the County of Kern, State of California, according to the
map entitled "Sales map of Lands of Kern County Land Company in Section 13, Township 29
South, Range 26 East, Mount Diablo Meridian", filed in the office of the County Recorder of said
County on November 24, 1891, more particularly described as follows:
Beginning at a point on the west line of said Lot 25, distant thereon 62 feet north of the
southwest comer of said Lot 25;
Thence North along said west line, a distance of 596.3 feet;
Thence East along the north line thereof a distance of 645.95 feet to the east line of said Lot;
Thence South along the east line thereof distance of 658.47 feet to the southeast corner of said
Lot; '
Thence West along the south line thereof a distance of 582.97 feet to a point on the
northeasterly right of way line of the A.T. & S.F. Railroad;
Thence northwesterly along said right of way line a distance of 88 feet, more or less, to the
point of beginning.
Excepting therefrom all that portion thereof described in the deed to the County of Kern, a
political subdivision of the State of California, recorded September 12, 1983, as Instrument No.
028080, in Book 5587, Page 1344, of Official Records.
Also excepting therefrom the south 420.00 feet thereof.
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M-2
The south 420.00 feet of all that portion of Lot 25 in Section 13, Township 29 South, Range 26
East, mount Diablo Meridian, in the unincorporated area of the County of Kern, State of
California, according to the map entitled "Sales map of Lands of Kern County Land Company in
Section 13, Township 29 South, Range 26 East, Mount Diablo Meridian", filed in the office of
the County Recorder of said County on November 24, 1891, more particularly described as
follows:
Beginning at a point on the west line of said Lot 25, distant thereon 62 feet north of the
southwest corner of said Lot 25;
Thence North along said west line, a distance of 596.3 feet;
Thence East along the north line thereof a distance of 645.95 feet to the east line of said Lot;
Thence South along the east line thereof a distance of 658.47 feet to the southeast comer of said
Lot;
Thence West along the south line thereof a distance of 582.97 feet to a point on the
northeasterly right of way line of the A.T. & S.F. Railroad;
Thence northwesterly along said right of way line a distance of 88 feet, more or less, to the
point of beginning.
Excepting therefrom all that portion thereof described in the deed to the County of Kern, a
political subdivision of the State of California, recorded September 12, 1983, as Instrument No.
028080, in Book 5587, Page 1344, of Official Records.
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No. 7883
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Exhibit C
Mitigation/Conditions of Approval
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EXHIBIT C
Mitigation/Conditions of Approval
Zone Change No. 09-0303
Biological Resources Mitigation Measures
1. Prior to ground disturbance, the applicant/developer shall have a qualified consultant survey
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. Applicant/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. For potentially significant biological
impacts.
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 biological impacts.
2. Prior to ground disturbance, the applicant/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 recommended by the State Department of
Fish and Game. Builder 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. For potentially significant biological impacts.
3. Prior to ground disturbance, the applicant/developer shall have a qualified consultant survey
the location for blunt nose leopard lizard. Survey protocol shall be that recommended by the
State Department of Fish and Game. Applicant/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. For potentially significant biological
impacts.
Cultural Resources Mitigation Measures
4. 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
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EXHIBIT C
ZC No. 09-0303
Mitigation/Conditions of Approval
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. For potentially significant cultural impacts.
5. 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. For potentially significant cultural impacts.
Traffic and Circulation Mitication Measures
6. Prior to the issuance of any building permit within the zone change area, the developer shall
pay the applicable Regional Transportation Impact Fee (RTIF) to the satisfaction of the City of
Bakersfield Public Works Department. For potentially significant traffic impacts.
Public Works
7. This site will be impacted by two grade separations. One is on Allen Road at the SF Railroad
and the other on Hageman Road at the railroad. Access to Allen Road will be prohibited, and
access to Hageman may be allowed at the far easterly portion of the parcel. Access to the site
will be determined at site plan review. For orderly development.
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 Allen Road to collector standards and Hageman
Road to arterial standards for the full frontage of the area within the zone change
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
zone change area is submitted, dedication can be provided with the map. Nothing in
this condition shall include the dedication or easements or improvements for the
separation of grade with Hageman Road, Allen Road, and Burlington Northern
Railroad. For orderly development.
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EXHIBIT C
ZC No. 09-0303
Mitigation/Conditions of Approval
b. This zone change 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 zone change 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. 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. 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
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. For orderly development.
f. Developer is responsible for the construction of all infrastructure, both public and
private, within the boundary of the zone change 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 stage. For
orderly development.
9. 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 industrial. 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
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EXHIBIT C
ZC No. 09-0303
Mitigation/Conditions of Approval
10. The entire area covered by this zone change 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 zone change area.
For orderly development.
11. Payment of the proportionate share of the cost of the median for the arterial frontage of the
property within the zone change request is required prior to recordation of any map or
approval of any improvement plan for the zone change area. For orderly development.
12. A traffic impact analysis was prepared for the project site and submitted to the County in 2003
by Pinnacle Engineering. We have reviewed the analysis in light of the City's recent
requirements and concur that the trip generation from this project will be less than 50 peak-
hour trips resulting in minimal impact. For orderly development.
13. Developer shall install bike lanes along Hageman Road consistent with the Bikeway Master
Plan. For orderly development.
City Attorney
14. 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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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 25th day of September , 2009 she posted on the Bulletin Board at
City Hall, a full, true and correct copy of the following: Ordinance No. 4587 , passed
by the Bakersfield City Council at a meeting held on the 23rd day of September, 2009
and entitled:
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING
SECTION 17.06.020 OF TITLE SEVENTEEN OF THE BAKERSFIELD
MUNICIPAL CODE BY CHANGING THE ZONING FROM A (AGRICULTURE)
TO M-1 (LIGHT MANUFACTURING) AND M-2 (GENERAL MANUFACTURING)
ON 8.7-ACRES GENERALLY LOCATED AT THE SOUTHEAST CORNER OF
HAGEMAN ROAD AND ALLEN ROAD, EAST OF THE A.T.&S.F. RAILROAD
TRACKS. (ZC 09-0303). (WARD 4, UPON ANNEXATION).
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By:
DEP City erk
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