HomeMy WebLinkAboutORD NO 4621
ORDINANCE NO. 4 6 2 1
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND
AMENDING THE OFFICIAL ZONING MAP IN TITLE SEVENTEEN
OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE
ZONE DISTRICT FROM C-1 (NEIGHBORHOOD COMMERCIAL)
TO R-2 (LIMITED MULTIPLE FAMILY DWELLING) ON 11.4 ACRES
AND FROM R-1 (ONE FAMILY DWELLING) TO R-2 ON 0.76
ACRES, GENERALLY LOCATED ON THE SOUTHEAST CORNER OF
PACHECO ROAD AND GOSFORD ROAD (ZC NO. 10-0008).
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 on the southeast corner of
Pacheco Road and Gosford Road; and
WHEREAS, by Resolution No. 3-10 on March 18, 2010, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17
of the Municipal Code to approve Zone Change No. 10-0008 as delineated on
attached Zoning Map 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 changes in zoning of the subject property from C-1
(Neighborhood Commercial) to R-2 (Limited Multiple Family Dwelling) on 11.4 acres and
from R-1 (One Family Dwelling) to R-2 on 0.76 acres, and the Council has considered
said findings as restated herein and all appear to be true and correct; and
WHEREAS, 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; and
WHEREAS, a Negative Declaration with mitigation was advertised and
posted on February 10, 2010 in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows residential
development on the 12.16-acre project site; and
WHEREAS, the City Council has considered and concurs with the following
findings made by the Planning Commission as set forth in Resolution No. 3-10, adopted
on March 18, 2010:
1. All required public notices have been given.
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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.
4. The proposed project is consistent with surrounding land 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"
WHEREAS, the City of Bakersfield and the County of Kern were recently
served with a lawsuit by the local Home Builders Association of Kern County seeking,
among other things, a court determination that the Regional Transportation Impact Fee
(RTIF) adopted jointly by the City and County be declared invalid and void (RTIF
Lawsuit); and
WHEREAS, the City of Bakersfield has notified the applicant, McIntosh &
Associates, representing JEC Panama, LLC and MPW Properties, LLC, of the following
due to the RTIF Lawsuit:
1. The applicant is proceeding at its own risk; and
2. That the applicant and property owner acknowledge their duty to
defend and indemnify the City of Bakersfield as required under the
Bakersfield Municipal Code and conditions of approval if the City is
challenged; and
3. That the City reserves the right, if a project is subject to a lawsuit, to
request a continuance/delay of the adjudication of such lawsuit
until resolution of the RTIF Lawsuit.
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 in said City, the ~pK~~i.'
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boundaries of which property is shown on Zoning Map 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
Measures & Conditions of Approval" listed in attached Exhibit "A",
subject to approval of GPA No. 10-0008.
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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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 JUN 0 9 2010
by the following vote:
qNE ' COUNCILMEMBER CARSON BENHAM WEIR COUCH HANON, SQI-5 N. SCRIVNER
S: C OUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
ROBERTA GAFFORD, CMC
CITY CLERK and Ex Officio Jerk of the
Council of the City of Bakersfield
APPROVED JUN 0 9 2010
d eA
HARVEY L. HALL
Mayor of the City of Bakersfield
APPROVED as o form
VIRGINIA G NARO
City Attor e
By to
Exhibit A - Mitigation Mreasures & Conditions of Approval
B - Zone Change Location Map
C - Zone Change Legal Description
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Exhibit A
Mitigation Measures L Conditions of Approval
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Exhibit A
Mitigation Measures L Conditions of Approval
General Plan Amendment/Zone Change No. 10-0008
Air Quality Mitigation Measures
1. The proposed project will have air pollutant emissions associated with the construction
and 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. Mitigation for potentially significant air quality impact.
Bioloaical Impact Mitigation Measures
2. Prior to ground disturbance, the developer shall have a qualified consultant survey the
location for burrowing owls, 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 recommended
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.
Mitigation for potentially significant biological resource impact.
3. 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 recommended 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 current MBHCP expires in year 2014. Projects may be issued an urban
development permit, grading plan approval, or building permit and pay fees prior to
the 2014 expiration date under the current MBHCP. As determined by the City of
Bakersfield, only projects ready to be issued an urban development permit, grading
plan approval or building permit) before the 2014 expiration date will be eligible to
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EXHIBIT A
Mitigation Measures & Conditions of Approval
GPA/ZC No. 10-0008
pay fees under the current MBHCP. Early payment or pre-payment of MBHCP fees
shall not be allowed. The ability of the City to issue urban development permits is
governed by the terms of the MBHCP. Urban development permits issued after the
2014 expiration date may be subject to a new or revised Habitat Conservation Plan, if
approved, or be required to comply directly with requests of the U.S. Fish and Wildlife
Agency and the California Fish and Game Department. Mitigation for potentially
significant biological resource impact.
4. Four, likely, San Joaquin kit fox den entrances were observed on the north slope of the
sump in the northeast corner of the project site. The following mitigation measures shall
be taken to reduce the impact to the potential dens or any other sensitive species:
a. The potential dens shall be avoided and if the impact to the dens is
unavoidable, then the den shall be monitored for activity and excavated no
earlier than May 1, 2010, and with written permission of the California
Department of Fish and Game.
b. A "tailgate" session for all construction personnel be conducted by a qualified
biologist, prior to initial ground disturbance, relative to all environmental federal,
state and local law. It is recommended that all construction personnel be
trained in sensitive species identification and avoidance techniques and that
any evidence, such as sensitive species activity, dens, or burrows, observed at
any time during construction be promptly reported to the reviewing agencies
for resolution.
C. All pipes, culverts, or similar structures with a diameter of four inches or greater
shall be kept capped to prevent entry of kit fox. All structures not capped or
otherwise covered, shall be inspected prior to burial or closure to ensure no kit
fox, or other protected species, become entrapped.
d. Escape ramps shall be provided for any trenches or ditches left open during
construction and deeper than two and a half feet.
e. All trash containers located on the site during construction shall be closed and
that all trash or other food waste be place in the designated containers.
Mitigation for potentially significant biological resource impact.
Cultural Impact Mitiaation Measures
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
Resource Code which details the appropriate actions necessary for addressing the
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ORIGINAL.
EXHIBIT A
Mitigation Measures & Conditions of Approval
GPA/ZC No. 10-0008
remains) and the local Native American community shall be notified immediately.
Mitigation for potentially significant cultural resource impacts.
6. Prior to ground-disturbance activities associated with this project, personnel
associates 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.
Public Works
7. 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. There is an approved drainage study for Parcel Map 11118 that covers this
GPA/ZC area. Modify this study for the land use change and submit to the City
Engineer for review and approval. The development shall be responsible for
any upsizing of drainage facilities necessitated by this change.
b. 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 costs.
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.
d. 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,
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EXHIBIT A
Mitigation Measures & Conditions of Approval
GPA/ZC No. 10-0008
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.
8. The entire area covered by this General Plan Amendment is included in the
Consolidated Maintenance District. This GPA/ZC will change the annual assessment.
For orderly development.
9. Access to the project area from Gosford Road is provided by a private road. Provide
access easements, CC&R's and Property Owners Association By-Laws showing that
unrestricted access is provided for all residents, construction vehicles, service vehicles,
emergency services and all other vehicles needing to use the road system to
construct, support and maintain the private community of which this subdivision is all
or a part of. For orderly development and public health, welfare and safety.
10. The development is required to pay into the adopted Regional Traffic Impact Fee
fixed rate program. Mitigation for potentially significant traffic impacts.
City Attornev
11. 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
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EXHIBIT A
Mitigation Measures & Conditions of Approval
GPA/ZC No. 10-0008
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
Zone Change Location Map
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ORIGINAL
Exhibit C
Zone Change Legal Description
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PROPOSED ZONE CHANGE
LEGAL DESCRIPTION
PARCEL "A"• PROPOSED R-2 (FROM C-1)
BEING ALL OF PARCELS 1, 2, AND "A" OF PARCEL MAP NO. 11118 PHASE 2, FILED FOR
RECORD JANUARY 29, 2008 IN BOOK 56 OF PARCEL MAPS AT PAGES 89 AND 90 AND A
PORTION OF LOT 2 OF LOT LINE ADJUSTMENT NO. 06-1298, AS EVIDENCED BY THAT
CERTAIN CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 22, 2006 AS DOCUMENT
NO. 0206314770 OF OFFICIAL RECORDS, BOTH IN THE OFFICE OF THE KERN COUNTY
RECORDER; ALSO BEING A PORTION OF THE NORTHWEST QUARTER OF SECTION 21,
TOWNSHIP 30 SOUTH, RANGE 27 EAST, M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN,
STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL MAP; THENCE ALONG THE
FOLLOWING SIX (6) COURSES:
1) SOUTH 89°0858" EAST, ALONG THE NORTHERLY LINE OF SAID PARCEL MAP AND
THE NORTHERLY LINE OF SAID LOT 2, A DISTANCE OF 689.83 FEET TO AN ANGLE
POINT IN THE NORTHERLY LINE OF SAID LOT 2; THENCE
2) NORTH 00-51-07" EAST, CONTINUING ALONG THE NORTHERLY LINE OF SAID LOT 2, A
DISTANCE OF 100.00 FEET TO AN ANGLE POINT IN SAID NORTHERLY LINE; THENCE
3) SOUTH 89°08'58" EAST, CONTINUING ALONG SAID NORTHERLY LINE, A DISTANCE OF
247.68 FEET TO THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF SAID
LOT 2; THENCE
4) DEPARTING SAID NORTHERLY LINE, SOUTH 000381711 WEST, ALONG SAID
NORTHERLY PROLONGATION AND SAID EASTERLY LINE,A DISTANCE OF 600.76
FEET TO THE SOUTHEAST CORNER OF SAID LOT 2; THENCE .
5) NORTH 89°20'36" WEST, ALONG
MAP, SOUTHERLY
D STANCE OF 939.74 FEET TO THE
SOUTHERLY LINE OF SAID PARCEL
SOUTHWEST CORNER OF SAID PARCEL MAP; THENCE
6) NORTH 00°51'02" EAST, ALONG THE WESTERLY LINE OF SAID PARCEL MAP, A
DISTANCE OF 503.94 FEET TO THE POINT OF BEGINNING.
CONTAINING 11.40 (GROSS) ACRES, MORE OR LESS.
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ORIGINAL
PROPOSED ZONE CHANGE
LEGAL D-ESCRIPTION
(CONTINUED)
PARCEL "B"• PROPOSED R-2 (FROM R-1)
COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL MAP; THENCE SOUTH
89°08'58" EAST, ALONG THE NORTHERLY LINE OF SAID PARCEL MAP AND THE NORTHERLY
LINE OF SAID LOT 2, A DISTANCE OF 689.83 FEET TO AN ANGLE POINT IN THE NORTHERLY
LINE OF SAID LOT 2; THENCE NORTH 00°51'07" EAST, CONTINUING ALONG THE NORTHERLY
LINE OF SAID LOT 2, A DISTANCE OF 100.00 FEET TO AN ANGLE POINT IN SAID NORTHERLY
LINE; THENCE SOUTH 89°08'58" EAST, CONTINUING ALONG SAID NORTHERLY LINE, A
DISTANCE OF 247.68 FEET TO THE POINT OF BEGINNING, SAID POINT ALSO BEING THE
INTERSECTION OF SAID NORTHERLY LINE AND THE NORTHERLY PROLONGATION OF THE
EASTERLY LINE OF SAID LOT 2; THENCE ALONG THE FOLLOWING FOUR (4) COURSES:
1) CONTINUING SOUTH 89°08'58" EAST, ALONG SAID NORTHERLY LINE, A DISTANCE OF
501.64 FEET TO THE MOST NORTHEASTERLY CORNER OF SAID LOT 2, SAID POINT
ALSO BEING A POINT OF CUSP WITH A CURVE, CONCAVE SOUTHERLY, HAVING A
RADIUS OF 548.00 FEET, FROM WHICH POINT A RADIAL LINE BEARS SOUTH 00.51'02"
WEST; THENCE
2) WESTERLY ALONG SAID CURVE AND THE SOUTHEASTERLY LINE OF SAID LOT 2,
THROUGH A CENTRAL ANGLE OF 29°26'32", AN ARC DISTANCE OF 281.60 FEET TO
THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHERLY, HAVING A RADIUS
OF 598.00 FEET; THENCE
3) WESTERLY ALONG SAID CURVE AND SAID SOUTHEASTERLY LINE, THROUGH A
CENTRAL ANGLE OF 23.28'17", AN ARC DISTANCE OF 244.97 FEET TO AN ANGLE
POINT IN THE EASTERLY LINE OF SAID LOT 2; THENCE
4) NORTH 00°38'17" EAST, ALONG THE NORTHERLY PROLONGATION OF THE EASTERLY
LINE OF SAID LOT 2, A DISTANCE OF 144.76 FEET TO THE POINT OF BEGINNING.
CONTAINING 0.76 (GROSS) ACRES, MORE OR LESS.
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern )
ROBERTA GAFFORD, 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 10th day of June, 2010 she posted on the Bulletin Board at City Hall,
a full, true and correct copy of the following: Ordinance No. 4621, passed by the
Bakersfield City Council at a meeting held on the 9th day of June, 2010 and entitled:
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND
AMENDING THE OFFICIAL ZONING MAP IN TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONE
DISTRICT FROM C-1 (NEIGHBORHOOD COMMERCIAL) TO R-2
(LIMITED MULTIPLE FAMILY DWELLING) ON 11.4 ACRES AND FROM
R-1 (ONE FAMILY DWELLING) TO R-2 ON 0.76 ACRES, GENERALLY
LOCATED ON THE SOUTHEAST CORNER OF PACHECO ROAD AND
GOSFORD ROAD (ZC NO. 10-0008).
ROBERTA GAFFORD
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By: ~~uilj
DEPU City Jerk
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ORIGINAL