HomeMy WebLinkAboutORD NO 4688ORDINANCE NO.-A-6-8 8
AN ORDINANCE OF THE BAKERSFIELD CITY COUNCIL
ADOPTING A NEGATIVE DECLARATION AND APPROVING AN
AMENDMENT TO TITLE 17 OF THE BAKERSFIELD MUNICIPAL
CODE TO CHANGE THE ZONE DISTRICT FROM R -1 (ONE FAMILY
DWELLING) TO C -2 (REGIONAL COMMERCIAL) ON 28.12
ACRES LOCATED AT THE SOUTHEAST CORNER OF BUENA VISTA
ROAD AND PANAMA LANE (GPA /ZC NO. 12- 0144).
WHEREAS, Pinnacle Civil Engineering, Inc. for Buena Vista Land Co. LLC, filed an
application with the City of Bakersfield Planning Department requesting to change the
zone district from R -1 (One Family Dwelling) To C -2 (Regional Commercial) on 28.12
acres located at the southeast corner of Buena Vista Road and Panama Lane (the
"Project "); and
WHEREAS, the Planning Commission held a public hearing on Thursday, June 21,
2012, and approved Resolution No. 18 -12, which recommended that the City Council
adopt a Negative Declaration and approve the Project; and
WHEREAS, the City Council considered all facts, testimony, and evidence
concerning the Project, including the staff report, initial study, special studies (if any),
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:
1. The Planning Commission's findings as contained in its Resolution No. 18 -12
are hereby adopted.
2. The Negative Declaration is hereby adopted.
3. 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--- - - - - --
HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the
Council of the City of Bakersfield at a regular meeting held on
SEP 1 2 2012 by the following vote:
AYE '
COUNCILMEMI
ES:
COUNCILMEM'
ABSTAIN:
COUNCILMEM
ABSENT:
COUNCILMEM
ROBERTA GAFFORD, CMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED SEP 1 2 2012
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City At ney
By:
ANDREW HEGLUND
Deputy City Attorney
Exhibits: A Mitigation Measures /Conditions of Approval
B Zone Change Map
C Legal Description
CG \ S: \GPAs \GPA 2nd 2012\ 1 2-0144\Reso Ord \CC ZC Ordinance.doc
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Exhibit A
Mitigation Measures & Conditions of Approval
Exhibit A
Mitigation Measures & Conditions of Approval
General Plan Amendment /Zone Change No. 12 -0144
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.
Biological 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
(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 (META) 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 regdy
to be issued an urban development permit, grading plan approval or building permit)'.tsIl Ile fer �
the 2014 expiration date will be eligible to pay fees under the current MBHCP. Early paymen'
Page 1 of 4
EXHIBIT A
Mitigation Measures & Conditions of Approval
GPA /ZC No. 12 -0144
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 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.
Traffic Impact Mitigation Measures
6. All project mitigation is currently funded by the Regional Transportation Impact Fee Program
(RTIF). The project is obligated to pay its pro -rata share of necessary mitigation improvements
that are not already funded by the RTIF program. The project's share is computed as the
ratio of Project traffic to future traffic in the Year 2035. Year 2035 volume is considered as the
"Base" volume plus Project - generated traffic.
Mitigation for traffic impacts.
CONDITIONS OF APPROVAL:
Public Works
7. Along with the submittal of any development plan, prior to approval of improvement plan��,e.,
or with the application for a lot line adjustment or parcel merger, the following shall occur.:
Page 2 of 4"
EXHIBIT A
Mitigation Measures & Conditions of Approval
GPA /ZC No. 12 -0144
a. Provide fully executed dedication for Buena Vista Road and Panama Lane to arterial
standards for the full frontage of the area within the GPA request, as necessary.
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. 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.
c. Sewer service must be provided to the GPA /ZC area. 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.
8. 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.
9. Payment of the proportionate share of the cost of the median with landscaping 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.
10. The development is required to pay into the adopted Regional Traffic Impact Fee fixed rate
program.
Mitigation for traffic impacts.
11. 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 time of development.
Mitigation for traffic impacts. n
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Page 3 of 4
EXHIBIT A
Mitigation Measures & Conditions of Approval
GPA /ZC No. 12 -0144
City Attorney
12. 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 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 2nd 2012\ 1 2-0144\Conditions Ex A.doc
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Page 4 of 4
Exhibit B
Zone Change Location Map
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Exhibit C
Zone Change Legal Description
EXHIBIT "A"
BEING ALL OF LOT 1 AND A PORTION OF LOT 2 OF PARCEL MAP WAIVER
NUMBER 10 -0337 RECORDED JANUARY 11, 2011 AS DOCUMENT NUMBER
0211004092 OF OFFICIAL RECORDS, ON FILE IN THE OFFICE OF THE KERN
COUNTY RECORDER, AND BEING A PORTION OF THE NORTHWEST
QUARTER OF SECTION 30, TOWNSHIP 30 SOUTH, RANGE 27 EAST, M.D.M., IN
THE CITY OF BAKERSFIELD, COUTNY OF KERN, STATE OF CALIFORNIA AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 2 AND THE
NORTHWEST CORNER OF SAID SECTION 30 AND THE CENTERLINE
INTERSECTION OF PANAMA LANE AND BUENA VISTA ROAD;
THENCE SOUTH 89 006'34" EAST ALONG THE NORTH LINE OF SAID LOT 2
AND THE NORTH LINE OF SAID SECTION 30 AND THE CENTERLINE OF
PANAMA LANE A DISTANCE OF 1512.16 TO THE NORTHEAST CORNER OF
SAID LOT 2;
THENCE SOUTH 00055'13" WEST ALONG THE EAST LINE OF SAID LOT 2 A
DISTANCE OF 810.00 FEET;
THENCE NORTH 89 006'34" WEST A DISTANCE OF 1512.91 FEET TO A POINT
ON THE WEST LINE OF SAID LOT 2 AND THE WEST LINE OF SAID SECTION 30
AND THE CENTERLINE OF BUENA VISTA ROAD;
THENCE NORTH 00 058'24" EAST ALONG THE WEST LINE OF SAID LOT 2 AND
THE WEST LINE OF SAID SECTION 30 AND THE CENTERLINE OF BUENA
VISTA ROAD A DISATNCE OF 810.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 28.126 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 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. 4688, passed by the
Bakersfield City Council at a meeting held on the 12thday of September, 2012 and
entitled:
AN ORDINANCE OF THE BAKERSFIELD CITY COUNCIL ADOPTING A
NEGATIVE DECLARATION AND APPROVING AN AMENDMENT TO
TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE TO CHANGE THE
ZONE DISTRICT FROM R-1 NO28 12 FAMILY
LOCATED AT THE
(REGIONAL COMMERCIAL)
SOUTHEAST CORNER OF BUENA VISTA ROAD AND PANAMA LANE
(GPA/ZC NO. 12- 0144).
ROB =PTA GAFFORD
City Clerk and Ex Officio of the
Council of the City of Bakersfield
B
DE TY City ler
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