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HomeMy WebLinkAboutORD NO 4661ORDINANCE NO. 4 6 61 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 R -1 (ONE FAMILY DWELLING, 6,000 SQUARE FOOT MINIMUM LOT SIZE) TO C -2 /PCD (REGIONAL COMMERCIAL /PLANNED COMMERCIAL DEVELOPMENT) ON APPROXIMATELY 20.47 ACRES, GENERALLY LOCATED ON THE NORTHEAST CORNER OF PANAMA LANE AND OLD RIVER ROAD (ZC NO. 11- 0383). 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 northeast corner of Panama Lane and Old River Road; and WHEREAS, by Resolution No. 25 -11 on December 15, 2011, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 11-0383 as delineated on the 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 R -1 (One Family Dwelling, 6,000 square foot minimum lot size) to C -2 /PCD (Regional Commercial /Planned Commercial Development) on approximately 20.47 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 November 18, 2011 in accordance with CEQA; and WHEREAS, the general plan designation for this area allows commercial development on the 20.47 -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. 25 -11, adopted on December 15, 2011: ,=' i( r Page 1 of 3 as follows: 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. 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" SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield 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 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. 1 1 -0383. 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 ;an`� -n -,7 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 MAR 9 7 =2 by the following vote: ✓ ✓ ✓ ✓ ✓ ✓ ✓ AYES: COUNCILMEMBER SALAS BENHAM WEIR COUCH HANSON SULLIVAN JOHNSON NOES: COUNCILMEMBER oniry. ABSTAIN: COUNCILMEMBER Y16Y�(1 ABSENT: COUNCILMEMBER (1 4 ROBERTA GAFFORD, C CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED HARVEY L. HALL Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attor4y 0 Exhibit A - Mitigation Mreasures & Conditions of Approval B - Zone Change Location Map C - Zone Change Legal Description CG - S: \GPAs \GPA 4th 201 1\1 1-0383\Res Ord \CC ZC Ordinance.doc Page 3 of 3 r Exhibit A Mitigation Measures & Conditions of Approval t__ n C_l C7 ORIGINAL Z111-11110-1 Mitigation Measures & Conditions of Approval General Plan Amendment /Zone Change No. 11 -0383 MITIGATION MEASURES FROM NEGATIVE DECLARATION: Air Quality and GHG 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 Air Quality and GHG impacts. 2. At the time of the Planned Development Review for the commercial development on the site, the applicant shall mitigate air quality impacts from NOx emissions below SJVAPCD adopted thresholds with one or more of the following measures: a. Signal light coordination on Panama Lane b. Expanding Transit Services to within 1/2 mile of the project site c. Construction of commercial buildings to LEED standards d. Use of solar panels on the project site to generate electricity e. Increasing energy efficiency of buildings beyond Title 24 requirements f. Providing less parking than required by the Institute of Transportation and Engineering Parking Generation Handbook g. Pedestrian /bicycle friendly site design Mitigation for Air Quality and GHG impacts. 3. Before final approval of the project Site Plan, the applicant shall incorporate Best Performance Standards (BPS) combined with any GHG emission reduction measures approved by the SJVAPCD, including GHG emission reductions achieved as a result of building and appliance standards and project design elements (see table below). The BPS and GHG emission reduction measures must be incorporated into the project in order to be in compliance with AB32 to reduce greenhouse gas (GHG) emissions to 1990 levels by 2020. The Best Performance Standards can include but are not limited to the following: BPS AND SOURCE PERCENT REDUCTION' DESCRIPTION Bike parking' 0.625 Non - residential projects provide plentiful short -term and long- term bicycle parking facilities to meet peak season maximum demand. Short term facilities are provided at a minimum ratio of one bike rack space per 20 vehicle spaces. Long -term facilities provide a minimum ratio of one long -term bicycle storage space per 20 employee parking spaces. Pedestrian network 1,2,3 1 to 10 The project provides a pedestrian access network that internally links all uses and connects to existing external streets and pedestrian facilities. Existing facilities are defined as those facilities that are physically constructed and ready for use prior to the first 20% of the projects occupancy ,P K permits being granted. 4 K, Page 1 of 8 ORIGINAL EXHIBIT A Mitigation Measures L Conditions of Approval GPA /ZC No. 11 -0383 BPS AND SOURCE PERCENT DESCRIPTION REDUCTION' Pedestrian barriers Minimized '.3 1 Site design and building placement minimize barriers to pedestrian access and interconnectivity. Physical barriers such as walls, berms, landscaping, and slopes between residential and non - residential uses that impede bicycle or pedestrian circulation are eliminated. Barriers to pedestrian access of neighboring facilities and sites are minimized. Traffic Calming' 0.25 Reduction applies if 25% of streets with improvement and 25% of intersections with Improvements; or 50% of streets with improvement and 25% of intersections with Improvements. Minimum Parking or Provide 3 to 6 Provide minimum amount of parking required or provide Parking less than Code' parking reduction less than code. Special review of parking required. Recommend a Shared Parking strategy. This measure can be readily implemented through a Shared Parking strategy, wherein parking is utilized jointly among different land uses, buildings, and facilities in an area that experience peak parking needs at different times of day and day of the week. For example, residential uses and /or restaurant /retail uses, which experience peak parking demand during the evening /night and on the weekends, arrange to share parking facilities with office and /or educational uses, which experience peak demand during business hours and during the week. Pedestrian pathway through 0.5 Provide a parking lot design that includes clearly marked parking' and shaded pedestrian pathways between transit facilities and building entrances. Pathway must connect to all transit facilities internal or adjacent to project site. Site plan should demonstrate how the pathways are clearly marked, shaded, and are placed between transit facilities and building entrances. Off Street Parking' 1.5 For 1.5% reduction, parking facilities shall not be sited adjacent to public roads contiguous with project site. Functioning pedestrian entrances to major site uses are located along street frontage. Parking facilities do not restrict pedestrian, bicycle, or transit access from adjoining uses. Proponent shall provide information demonstrating compliance with measure requirements including, but not limited to, a description of where parking is located relative to the buildings on the site, site plans, maps, or other graphics, which demonstrate the placement of parking facilities behind on -site buildings relative to streets contiguous with the project site. Surrounding uses should be high density or mixed -use, there shall be other adjoining pedestrian and bicycle connections, such as wide sidewalks and bike lanes. �ahF 13, n - -- r_n U�J Page 2 of 8 EXHIBIT A Mitigation Measures & Conditions of Approval GPA /ZC No. 11 -0383 BPS AND SOURCE PERCENT DESCRIPTION REDUCTION' Orientation toward existing 0.5 Project is oriented towards existing transit, bicycle, or transit, bikeway, or pedestrian pedestrian corridor. Setback distance is minimized. Setback corridor', 3 distance between project and adjacent uses is reduced to the minimum allowed under jurisdiction code. Setback distance between different buildings on project site is reduced to the minimum allowed under jurisdiction code. Setbacks between project buildings and sidewalks are reduced to the minimum allowed under jurisdiction code. Buildings are oriented towards street frontage. Primary entrances to buildings are located along public street frontage. Project provides bicycle access to existing bicycle corridor. Project provides access to existing pedestrian corridor. Residential Density with No 1 3 -6 Du /acre: Project provides high- density residential Transit' development. Mitigation value is based on project density with no transit. Density is calculated by determining the number of units per acre (" du /acre ") within the residential portion of the project's net lot area. Street grid' 1 Multiple and direct street routing (grid style). The measure applies to projects with an internal connectivity factor (CF)> =0.80, and average of 1/4 mile or less between external connections along perimeter of project. [CF =# of intersections / (# of cul -de -sacs + intersections)] Urban Mixed -Use Measure' 3 Development of projects predominantly characterized by properties on which various uses, such as office, commercial, institutional, and residential are combined in a single building or on a single site in an integrated development project with functional inter - relationships and a coherent physical design. Reductions apply if the ratio (jobs: houses) is >_ 0.5 and < 1.0. Suburban mixed -use' 3 Have at least three of the following on site and /or offsite within 1/< mile: Residential Development, Retail Development, Park, Open Space, or Office. Energy Star roof 0.5 Install Energy Star labeled roof materials. Energy star qualified roof products reflect more of the sun's rays, decreasing the amount of heat transferred into a building. Exceed title 241 1 Project Exceeds title 24 requirements by 20 %. SOURCES: 'San Joaquin Valley Air Pollution Control District 2009 2CAPCOA 2010 3Attorney General, 2010 4Reductions are based on CAPCOA 2008 Mitigation for Air Quality and GHG impacts. F -- Page 3 of 8 EXHIBIT A Mitigation Measures & Conditions of Approval GPA /ZC No. 11 -0383 Bioloaical Impact Mitlaation Measures 4. 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 biological impacts. 5. 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 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 biological impacts. Cultural Impact Mitiaation Measures 6. 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 Page 4 of 8 EXHIBIT A Mitigation Measures & Conditions of Approval GPA /ZC No. 11 -0383 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 remains) and the local Native American community shall be notified immediately. Mitigation for cultural impacts. 7. 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 cultural impacts. Traffic Impact Mitigation Measures 8. The project applicant will be responsible for payment of all City fees and construction of project frontage as follows: a. The project applicant will pay the City of Bakersfield Transportation Impact Fee based on the currently adopted fee schedule at the time the project's building permit is obtained. b. The project applicant will construct Panama Lane and Old River Road, along the project frontage, based on the planned arterial roadway cross - section. Improvements at the intersection of Panama Lane and Old River Road are assumed to follow the City's Typical Expanded Arterial Approach with bike lanes. c. The project applicant will construct the north side of Panama Lane along its frontage, connecting to the residential development frontage to the east, which has constructed Panama Lane to its ultimate width (on the north side). To the west of the proposed Mini - Storage site, the project will provide a taper from the ultimate curb line to the existing Panama Lane roadway. At the Mini - Storage site, the applicant will also construct the proposed left -turn lane on Panama Lane at its driveway. d. The proposed future commercial project shall develop the remainder of the Project frontage on Panama Lane as well as the east side of Old River Road. The applicant will be responsible for relocation of the existing traffic signal equipment on the northeast corner of Panama Lane at Old River Road. Medians and internal lanes along the project frontage are paid for by the City of Bakersfield's TIF program. Should the project construct these items, at the direction of the City, then the costs associated with that construction will be reimbursable from the TIF program. Mitigation for traffic impacts. Page 5 of 8 O' f' ORIGAAl- EXHIBIT A Mitigation Measures & Conditions of Approval GPA /ZC No. 11 -0383 9. The proposed project's proportionate share percentages were calculated at each of the study intersections using the Caltrans Guide for the Preparation of Traffic Impact Studies. The table below shows the proportionate share volumes and percentages for the proposed project's traffic impact: PROPORTIONATE SHARE PERCENTAGES Intersections Project Trips AM /PM Existing AM /PM 2035 Pius the Project AM /PM Proportionate Share AM /PM Panama Lane at Buena Vista Road 11/35 1,293/ 1,047 3,496/5,299 0.5%/0.8% Harris Road at Old River Road 43/169 1,435/1,735 2,099/3,161 6.5%/11.9% Panama Lane at Old River Road 40/139 1,165/1,148 3,591/5,889 1.6 %/2.9% McCutchen Road at Old River Road 2/10 576/267 1,271/1,729 0.3%/0.7% Panama Lane at Gosford Road 50/159 1,663/1,903 4,039/6,673 2.1%/3.3% Panama Lane at Ashe Road 18/56 1,879/2,131 4,316/6,908 0.7%/1.2% Mitigation for traffic impacts. CONDITIONS OF APPROVAL: Public Works 10. Along with the submittal of any development plan, prior to approval of improvement plans, or with the application for a subdivision, lot line adjustment or parcel merger, the following shall occur: a. Provide fully executed dedication for Old River Road and Panama Lane to arterial or local standards for the full frontage of the area within the GPA 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 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. Submit a comprehensive drainage study of the entire drainage area, to be reviewed and approved by the City Engineer. Any required retention site and necessary easements shall be dedicated to the City. 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, 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. "N Page 6 of 8 < EXHIBIT A Mitigation Measures & Conditions of Approval GPA /ZC No. 11 -0383 11. 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. 12. 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. 13. Prior to the issuance of building permits, the project applicant shall participate in the Regional Transportation Impact Fee (RTIF) program by paying the adopted commercial and residential unit fees in place for the various land use types at the time of development. The Phase IV MBRTIF program was the current impact fee program at the time of preparation of the Traffic Impact Study. The project will be required to participate in the RTIF program that is current at the time of development of the proposed project regardless of which version of the program is referenced in and current at the time of preparation of the TIS. Mitigation for traffic impacts. Plannina 14. Prior to recordation of any portion of Tract 6615, the applicant shall submit an application for and obtain approval of a revised tentative tract reflecting the approved general plan amendment and zone change. For orderly development. City Attorney 15. 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. <, P,4 y Page 7 of 8 EXHIBIT A Mitigation Measures 8 Conditions of Approval GPA /ZC No. 11 -0383 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 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. CG: S: \GPAs \GPA 4th 201 1\1 1-0383\Conditions Ex A.doc J <P� in <) r1 ORIGNAL Exhibit B Zone Change Location Map C) r- C7 ORIO(NJAL M 00 CY) O w (D Z r w Z 0 N Z; Exhibit C Zone Change Legal Description J ;n AL EXHIBIT "A" Legal Description: Proposed Change of Zone District Boundary Area R 1 to C -2/PCD Beginning at the Southwest Corner of Section 20, Township 30 South, Range 27 East. Thence S89 014'59 7E along the south section line there of a distance of 1319.76 feet to a point on the south line of said section. Thence N00 °38'56' a distance of 55.00 feet to the Point of Beginning. Thence the following courses: 1) North 89° 14' 59" West 599.66 Feet 2) North 88°22' S4" West 330.18 Feet 3) North 84° 28' 53" West 120.27 Feet 4) North 890 14' 59" West 210.48 Feet 5) North 000 21' 23" East 320.41 Feet 6) North 00° 30' 42" West 330.04 Feet 7) North 00° 21' 23" East 44.64 Feet 8) South 890 14' 59" East 1268.66 Feet 9) South 00° 38' 56" West 710.00 Feet to the Point of Beginning Containing 20.47 Acres a� w ORIGINAL 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 12th day of March, 2012 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4661, passed by the Bakersfield City Council at a meeting held on the 7th day of March 2012 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 R -1 (ONE FAMILY DWELLING, 6000 SQUARE FOOT MINIMUM LOT SIZE) TO C -2 /PCD (REGIONAL COMMERCIAL /PLANNED COMMERCIAL DEVELOPMENT) ON APPROXIMATELY 20.47 ACRES, GENERALLY LOCATED ON THE NORTHEAST CORNER OF PANAMA LANE AND OLD RIVER ROAD (ZC NO. 11- 0383). ROBERTA GAFFORD City Clerk and Ex Officio of the Council of the City of Bakersfield By: 1 DE TY City 'ler S ADOC U M E NIIFO RM SVWOP.O RD.wpd