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HomeMy WebLinkAboutORD NO 4662ORDINANCE NO. 4662 AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING THE OFFICIAL ZONING MAP IN TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM COUNTY A (EXCLUSIVE AGRICULTURE) ADOPTING PRE - ZONING TO A (AGRICULTURE) AND E (ESTATE) ON APPROXIMATELY 140.57 ACRES, GENERALLY LOCATED SOUTH OF REINA ROAD, BETWEEN SANTA FE WAY AND RENFRO ROAD. (ZC NO. 11- 0395). WHEREAS, in accordance with the procedure 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 adopt pre- zoning of certain property being annexed to the City of Bakersfield generally located south of Reina Road, between Santa Fe Way and Renfro Road; and WHEREAS, by Resolution No. 23 -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 -0395 prezoning to A (Agriculture) on 130.50 acres and E (Estate) on 10.07 acres 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 to A (Agriculture) on 130.50 acres and to E (Estate) on 10.07 acres, and the Council has considered said findings as restated herein and all appear to be true and correct; and WHEREAS, the Planning Commission, through its Secretary, did set, Thursday, December 15, 2011 at the hour of 5:30 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a public hearing before the Planning Commission on said application and accompanying proposed Negative Declaration, and notice of the public hearing was given in the manner provided in Title 17 of the Bakersfield Municipal Code; and WHEREAS, for the above - described project, an Initial Study was conducted and it was determined that the proposed project would not have a significant effect on the environment and a Negative Declaration was prepared and posted on November 18, 2011 in accordance with the California Environmental Quality Act (CEQA); 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 Page 1 of 3 WHEREAS, at said public hearing held on December 15, 2011, the request for pre - zoning by Brian Batey, Batey Family Trust & James Bryan Batey, was duly heard and considered and the Planning Commission found 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 Initial 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 the 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 ". NOW, THEREFORE, IT IS HEREBY FOUND AND RESOLVED as follows: 1. That the above recitals, incorporated herein, are true and correct. 2. The Negative Declaration is hereby approved. 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 "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. 11 -0395. 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 D G F , A t. 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 p 7 2912 by the following vote: AYES; COUNCILMEMBER: SALAS BENHAM WEIR COUCH HANSON SULLIVAN JOHN ON NOES: COUNCILMEMBER: 00exo ABSTAIN: COUNCILMEMBER: i'imnQ ABSENT: COUNCILMEMBER: i, 6� 1 �/ -, z//1 4 (1 - ROBERTA GAFFORD, C� CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED MARK 7 20 HARVEY L. HALL Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorn By: EXHIBITS: A - Mitigation Measures /Conditions of Approval B - Zone Map C - Legal Description Page 3 of 3 F^ - EXHIBIT A Mitigation Measures/Conditions of Approval EXHIBIT A MITIGATION MEASURES & CONDITIONS OF APPROVAL ZONE CHANGE NO. 11 -0395 Biological Impact Mitigation Measures 1. 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. 2. 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 ORIGINAL o' s Y, Exhibit A Mitigation Measures & Conditions of Approval ZC 1 1 -0395 Page 2 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. Cultural Impact Mitigation Measures 3. 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 remains) and the local Native American community shall be notified immediately. Mitigation for potentially significant cultural resource impacts. 4. 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 dates) 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 5. 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 (for 5.a, 5.d & 5.e only): a. Provide fully executed dedication for Santa Fe Way and Renfro Road to arterial standards for the full frontage of the area within the ZC request. Dedications shall include sufficient widths for expanded intersections and �Aft�f; �1 QJ r-- 0RIGi NA. i_ Exhibit A Mitigation Measures & Conditions of Approval ZC 11 -0395 Page 3 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 ZC area is submitted, dedication can be provided with the map. b. With any future ZC /GPA submittal, submit a comprehensive drainage study to be reviewed and approved by the City Engineer. No more than 2 sumps may be utilized to serve this area; these sumps should be located so that they may be available to serve adjacent areas as they develop. If only one sump is utilized to serve this ZC area, it need not be so located. The study shall be approved and any required retention site and necessary easements dedicated to the City. c. With any future ZC /GPA submittal, submit verification from the service provider, North of River Sanitary District No. 1, of the existing sewer system's capability to accept the additional flows to be generated through development under the new zoning. d. 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. e. Developer is responsible for the construction of all infrastructure, both public and private, within the boundary of the 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 of all infrastructure will be addressed at the subdivision map stage. f. With submittal of any development plan, tentative subdivision map or Site Plan Review for any portion of the ZC area, the developer shall construct full half width street improvements along the east side of Santa Fe Way adjacent to A.T.&S.F. railroad and /or railroad property adjacent to the ZC area or as directed by the city engineer. g. 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 ZC area. P.,K�� r- OF lG)!NA.i. Exhibit A Mitigation Measures & Conditions of Approval ZC 11 -0395 Page 4 h. Payment of the proportionate share of the cost of or the construction of the median for the arterial frontage of the property within the ZC area is required prior to recordation of any map or approval of any improvement plan for the ZC area. The development is required to pay into the adopted Regional Traffic Impact Fee fixed rate program. j. The ZC area is within the service area of the North of River Sanitary District No. 1. Sewer service in the area must conform to the NORSD's adopted Sewer Study, and construction of the sewer lines shall be per NORSD's requirements. All trenching backfill shall require a City of Bakersfield's Open Street Permit and be as per the City of Bakersfield's adopted standards. k. The applicant /developer /subdivider shall be responsible for all the cost of any culvert /bridge widening within the ZC area and half of those crossing the GPA /ZC area boundary. A Bridge and Major Thoroughfare District may be established as directed by the City Engineer. Access to the arterial and collector streets will be limited and determined at time of division or development. Access from the arterial and collector streets shall be per City standards. City Attorney 6. 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. C� f ORIGINAL Exhibit A Mitigation Measures & Conditions of Approval ZC 11-0395 Page 5 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. DL \\ SAZoneChange \yr 201 12C 11- 0395\Admin SR \Exhibit A.doc EXHIBIT B Zone Change Map Z Z O N LO 0) M O r r V Z Z O N W w l W lUU W W IWO Q z Ml N3l1b D' 0 0 0 W N O y cr- Z LO LL Vi m N H O / • III. _� LU III GPN C'— N W A ICE AI Ai A -)I A A A 44 A Ai I w w AfAA ,)AI 4 44 4 "A 4 AI AI A 4 AI AI AI Ai A� A Al Ai A AI 10 A Ai A A A I w A 1-IN • Ai AiAiA 4 AA aQ A�A�A�A�A d A+ w •� AI Ai A A Al A Ai � � A AAI A ••� Ai Ai Ai Ai Ai Ai A,A�AiAIAIAiaA z— .• A AI A AI AI A A AI A: V A'A A Af AIAIdfi�- -I� w AAA Ai AAA AiAiA 44A 44 A Ai Ai Ai Ai Ai Ai Ai Ai Z AN Ai .5i Ai Ai A %�I A� Ai Ai Ai Ai Ai Ai Ai Ai Ai A� Ai Ai Ai Ai Ai a A �hA A A Ai AiAiA A AiAi4AiAAiAiAiAiAiA Ai w w AI AI AI AI AI AI AI AIAI�AI AI AI AI AI AI AI AI AI At AI AI Q A AI AI AI 4 AI AI Ai AI ALAI AI AI AI a A AI AI AI AI 4 = m ad Oa3N3N n Q �W 00 0 ¢ w ¢ 0 Z l< 3AV_aana ¢ ¢ K c� ORIGINAL EXHIBIT C Legal Description LEGAL DESCRIPTION ZONE CHANGE 11 -0395 A ZONE THAT THE UNINCORPORATED AREA OF THE O IN HE COUNTY OF KERN, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOW: COMMENCING AT THE SOUTHWESLINE OF SAID SECTION 14 SECTION AND4THE CENTERLINE OF 00 046'48" EAST ALONG THE WEST RENFRO ROAD, 1500.01 FEET TO THE TRUE POINT OF BEGINNING; THENCE SECTION 14 NORTH OF 3'736.17 FEET OF SAID T TO THE EAST RIGHT-OF -WAY OF SANTA FE WAY; THENCE SOUTH 44016'10" EAST ALONG THE EASTERLY RIGHT -OF -WAY OF SANTA FE WAY, 1838.88 FEET; THENCE SOUTH 45 053'05" WEST, 110.00 FEET TO THE WESTERLY RIGHT -OF -WAY OF SANTA FE WAY; THENCE ALONG THE WESTERLY RIGHT -OF -WAY OF SANTA FE WAY THE FOLLOWING FIVE COURSES; SOUTH 44016'10" EAST, 631.43 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 945.00 FEET; SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22 030'00" AN ARC LENGTH OF 371.10 FEET; SOUTH 21046'10" EAST, 41.06 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 1055.00; SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22 030'02" AN ARC LENGTH OF 414.31 FEET; SOUTH 44016'12" EAST, 524.03 FEET; THENCE DEPARTING SAID WESTERLY RIGHT -OF -WAY AT RIGHT ANGLES SOUTH 45 043'48" WEST, 80.90 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 730.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03 019'32" AN ARC LENGTH OF 42.37 FEET; THENCE SOUTH 49 003'20" WEST, 121.95 FEET; THENCE NORTH 44 016'09" WEST, 30.05 FEET TO THE BEGINNING OF A NON - TANGENT CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 500.00 FEET TO WHICH POINT A RADIAL LINE BEARS SOUTH 40 °56'3T' EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 32 013'55" AN ARC LENGTH OF 281.28 FEET; p,hKF ) '^ t A f ORKWI�X THENCE SOUTH 08 042'42" EAST, 37.18 FEET TO THE BEGINNING OF A CURVE NORTHEAST HAVING A RADIUS OF 250.00 FEET; CONCAVE TO THE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF THENCE 35 033'28" AND ARC LENGTH OF 155.15 FEET; THENCE SOUTH 44016'1 0" EAST, 419.22 FEET TO THE BEGINNING OF A CURVE HAVING A RADIUS OF 800.00 FEET; CONCAVE TO THE SOUTHWEST SOUTHWEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF THENCE 03 039'36" AN ARC LENGTH OF 5 1. 10 FEET; THENCE NORTH 49 023'27" EAST, 30.00 FEET TO FUTURE EASTERLY RIGHT -0F -WAY THE BEGINNING OF A NON - TANGENT CURVE OF JENKINS ROAD AND CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 830.00 FEET TO WHICH POINT A RADIAL LINE BEARS NORTH 49023'26" EAST; THENCE 38'332" AN SOUTHEASTERLY ALONG SAID THROUGH A CENTRAL ANGLE OF 08° JENKINS ROAD AND CU ARC LENGTH OF 125.19 FEET; THENCE NORTH 89019'26" WEST 2546.20 FEET TO A TRUE POINT OF BEGINNING. CONTAINS: 130.50 ACRES BateyZONELGL2 '< o 0 cD ORIGINAL- LEGAL DESCRIPTION ZONE CHANGE 11 -0395 E ZONE THAT PORTION OF T HE OF THE COUNTY OF KERN, STATE OF CALIFORNIA, MORE IN THE UNINCORPORATED PARTICULARLY DESCRIBED AS FOLLOW: BEGINNING AT THE NORTHWEST CORNER OF TRACT NO. 5662 - UNIT 1 RECORDED FEBRU- ARY 9, 2001 M BOOK 46 OF MAPS AT PAGE 142 THROUGH 144 IN THE OFFICE OF THE KERN COUNTY RECORDER, FROM WHICH POINT THE SOUTHWEST CORNER OF SAID SECTION 14 BEARS SOUTH 00 046'53" WEST, 1329.98 FEET; THENCE NORTH 00 046'53" EAST ALONG THE WEST LINE OF SAID SECTION 14 AND THE CENTERLINE OF RENFRO ROAD, 170.03 FEET; THENCE SOUTH 89 019'26" EAST, 2546.20 FEET TO THE FUTURE EASTERLY RIGHT -OF- WAY OF JENKINS ROAD AND THE BEGINNING OF A NON - TANGENT CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 830.00 FEET TO WHICH POINT A RADIAL LINE BEARS NORTH 58 001'58" EAST; . THENCE SOUTHEASTERLY ALONG SAID FUTURE EASTERLY RIGHT -OF -WAY OF JENKINS ROAD AND CURVE THROUGH A CENTRAL ANGLE OF 10 °51'31" AN ARC LENGTH OF 157.30 FEET THE BEGINNING OF A NON - TANGENT CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 490.00 FEET TO WHICH POINT A RADIAL LINE BEARS SOUTH 19 035'44" EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE AND NORTH LINE OF TRACT NO. 5606 - UNIT "C" RECORDED FEBRUARY 5, 1999 M BOOK 44 OF MAPS AT PAGE 147 THROUGH 149 M THE OFFICE OF THE KERN COUNTY RECORDER THROUGH A CENTRAL ANGLE OF 20016'18" AN ARC LENGTH OF 173.37 FEET; THENCE NORTH 89 019'26" WEST ALONG THE NORTH LINE OF SAID TRACT NO. 5606 - UNIT "C" AND TRACT NO. 5662 - UNIT 1 RECORDED FEBRUARY 9, 2001 IN BOOK 46 AT PAGE 142 THROUGH 144 IN THE OFFICE OF THE KERN COUNTY RECORDER, 2448.56 FEE O THE TRUE POINT OF BEGINNING. CONTAINS: 10.07 GROSS ACRES 5949LGL F' in 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. 4662, 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 ZONING FROM COUNTY A (EXCLUSIVE AGRICULTURE) ADOPTING PRE - ZONING TO A (AGRICULTURE) AND E (ESTATE) ON APPROXIMATELY 140.57 ACRES, GENERALLY LOCATED SOUTH OF REINA ROAD, BETWEEN SANTA FE WAY AND RENFRO ROAD. (ZC NO. 11- 0395). ROBERTA GAFFORD City Clerk and Ex Officio of the Council of 4theity of Bakersfield By. DEP r S ADOCUM ENTT0RM SWOP.ORD.wpd