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Home My WebLink AboutORD NO 4686ORDINANCE NO. 46 8 AN ORDINANCE OF THE BAKERSFIELD CITY COUNCIL APPROVING AN AMENDMENT TO TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE TO CHANGE THE ZONE DISTRICT FROM M -1 (LIGHT MANUFACTURING) TO C -C (COMMERCIAL CENTER) ON APPROXIMATELY ONE ACRE LOCATED ALONG THE NORTH SIDE OF 20TH STREET BETWEEN V STREET AND THE KERN ISLAND CANAL (GPA /ZC NO. 12- 0085). WHEREAS, City of Bakersfield is requesting to change the zone district from M -1 (Light Manufacturing) to C -C (Commercial Center) on approximately one acre located along the north side of 20th Street, between V Street and the Kern Island Canal (the "Project "); and WHEREAS, the Planning Commission held a public hearing on June 21, 2012, and approved Resolution No. 24 -12, which recommended that the City Council approve the Project; and WHEREAS, the City Council considered all facts, testimony, and evidence concerning the Project, including the staff report, deliberation, and action by the Planning Commission; and WHEREAS, the Project is consistent with the Metropolitan Bakersfield General Plan. SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Bakersfield City Council as follows: The Planning Commission's findings as contained in its Resolution No. 24 -12 are hereby adopted. 2. The change to the zone district is hereby approved subject to the mitigation measures /conditions of approval in Exhibit A, and incorporating the change into the official zoning map as described in Bakersfield Municipal Code Section 17.06.020 as shown in Exhibit B and as specifically described in Exhibit C. SECTION 2. This ordinance must be posted in accordance with the Bakersfield Municipal Code and will become effective not less than 30 days from and after the date of its passage. --- - - - - -- 000--- - - - - -- C.,i O HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting held on 5EP 12 2 012 by the following vote: 4;0 COUNCILMEMB ES: COUNCILMEMB ABSTAIN: COUNCILMEMB ABSENT: COUNCILMEMB A4yk"'U C'4a� - ROBERTA GAFFORD, C CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield HARVEY L. HALL MAYOR of the City of Bakersfiel APPROVED as to form: VIRGINIA GENNARO City At)67' ey ueputy UITy ATTorney Exhibits: A Mitigation Measures /Conditions of Approval B Zone Change Map C Legal Description dI \S: \GPAs \GPA 2nd 2012 \12 -0085 \Res Ord \CC ZC Ordinance.doc EXHIBIT A MITIGATION MEASURES & CONDITIONS OF APPROVAL EXHIBIT A MITIGATION MEASURES & CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT /ZONE CHANGE NO. 12 -0085 Air Quality and Green House Gas Mitigation Measures 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 potential Air Quality and GHG impacts. Biological Impact Mitigation Measures 2. Prior to ground disturbance, the developer shall have a qualified consultant survey the location for burrowing owl, and comply with the provisions of the Migratory Bird Treaty Act (META) of 1918 (16 U.S.C. 703 -711). Survey protocol shall be that 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 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 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 bye,''" Exhibit A Mitigation Measures & Conditions of Approval GPA /ZC 12 -0085 Page 2 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 Mitigation Measures 4. 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 cultural impacts 5. 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 Public Works 6. 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 the cul -de -sac (8 feet behind the face of curb) at the end of 20'" Street for the frontage of the area within the GPA request. Submit a current title report with the dedication documents. If a tentative subdivision map over the entire GPA /ZC area is submitted, dedication can be provided with the map. b. Construct City standard sidewalk and commercial driveways for the full frontage of the area of the GPA /ZC request. Remove the fence from the City right -of -way. 7. 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, Exhibit A Mitigation Measures & Conditions of Approval GPA /ZC 12 -0085 Page 3 tentative subdivision map, Site Plan Review, or application for a lot line adjustment for any portion of this GPA area. For orderly development. 8. The development is required to pay the adopted Regional Traffic Impact Fee in effect at the time of development of tentative map completeness determination. Mitigation for traffic impacts EXHIBIT B ZONE CHANGE LOCATION MAP U') 00 O W (D Z r C) W Z 0 N ci :i cl: Z 04 04 CL NO t1311nd SIM31 ldM r777:1 sv4vliev Ci CL: in 0 kVM NOIONIAOS ❑ z Z m 04 ❑ LU ci AVM 3NO11SVS M, CL NI 13NNOO ON 0 a: 3AV NOW C/3 M m I CR 0 CD LJJ 00 Zoo rn C6 CN O N U iS A 20 U) rn (n C,4 0 CD LJJ 00 Zoo rn C6 CN O N U iS A 20 U) rn EXHIBIT C ZONE CHANGE LEGAL DESCRIPTION LEGAL DESCWFTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, RAT€ a CALIFORNIA AND 15 DESCRIBED AS FOLLOWS: PAR M. 1: APN 005.102.10 LbLt 5 cnd 6 in Block 217, in the Godey Tract in the City of Bakersfield, County of Kern, State of California, as ppi�t rr►op recorded November 25, 18 °8 in Book 1, FbQeS 13 and 14, of Maps in the office of the County Ire e—t of said county. PARCEL 2t APN 005•]02.1] Lom 7 and 6 and a fractional part of Lot 6 in Block 216, in the City of Bakersfield, County of Kern, State of Califiorhia, at per map recorded in Book 1, Page 13, of Maps in the offxe of the County Recorder of said county. APN: 005102.10 & 11 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 17th day of September, 2012 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4686, passed by the Bakersfield City Council at a meeting held on the 12t "day of September. 2012 and entitled: AN ORDINANCE OF THE BAKERSFIELD CITY COUNCIL APPROVING AN AMENDMENT TO TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE TO CHANGE THE ZONE DISTRICT FROM M -1 (LIGHT MANUFACTURING) TO C -C (COMMERCIAL CENTER) ON APPROXIMATELY ONE ACRE LOCATED ALONG THE NORTH SIDE OF 20TH STREET BETWEEN V STREET AND THE KERN ISLAND CANAL (GPA/ZC NO. 12- 0085). ROBERTA GAFFORD City Clerk and Ex Officio of the Council of the City of Bakersfield By: a" I T DEP TY City Clerk SAD0CUMENTT0RMSW0P.0RD.wpd