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Home My WebLink AboutORD NO 4721A ORDINANCE NO.. 472 1 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 R -2 /PUD (LIMITED MULTIPLE FAMILY DWELLING /PLANNED UNIT DEVELOPMENT) ON APPROXIMATELY ONE ACRE LOCATED ALONG THE WEST SIDE OF SOUTH UNION AVENUE, APPROXIMATELY 400 FEET NORTH OF PANAMA LANE, (GPA /ZC NO. 12- 0286). WHEREAS, Advanced Geomatics Engineering for Rajvir Singh Gill, et al, filed an application with the City of Bakersfield Planning Department requesting to change the zone district from R -1 (One Family Dwelling) to R -2 /PUD (Limited Multiple Family Dwelling /Planned Unit Development) on approximately one acre located along the west side of South Union Avenue, approximately 400 feet north of Panama Lane (the "Project "); and WHEREAS, the Planning Commission held a public hearing on Thursday, December 20, 2012, and approved Resolution No. 40 -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, 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. 40 -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. c� 6 P, KF,9' J� --------- 000- - - - - -- -- F m r- c. �7 Page 1 of 2 ORIGINAL HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting held on MAR 2 01013 by the following vote: ✓ ✓ ✓ ✓ ✓ AYES COUNCILMEMBER: MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, JOHNSON S: COUNCILMEMBER: 0'n ABSTAIN: COUNCILMEMBER: ABSENT: COUNCILMEMBER: AM ROBERTA GAFFORD, CM CITY CLERK and Ex Offic o Clerk of the Council of the City of Bakersfield MAR 2 01013 APPROVED HARVEY L. HALL MAYOR of the City of Ba APPROVED as to form: VIRGINIA GENNARO City At ey By: ANDREW HEGLUND Deputy City Attorney Exhibits: A Mitigation Measures /Conditions of Approval B Zone Change Map C Legal Description DL \S: \GPAs \GPA 4th 2012 \12 -0286 \ResOrd \CC ZC Ordinance.doc pAKF }_ m r V' t7 Page 2 of 2 ORIGINAL Exhibit A Mitigation Measures & Conditions of Approval O�KF >. F_ m r- � v ORIGINAL EXHIBIT A MITIGATION MEASURES & CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT /ZONE CHANGE NO. 12 -0286 Air Quality and Green House Gas Mitigation Measures 1. 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. 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 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 A K, ,q T nl r- t�j aRIGINAL Exhibit A Mitigation Measures & Conditions of Approval GPA /ZC 12 -0286 Page 2 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 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 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 Union Avenue to arterial 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. 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. This property is in the Fairview Planned Drainage Area, and shall pay the Planned Drainage Area fees. Submit a drainage study of the site analyzing the downstream storm drain system, 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 and /or any required modification to the existing system. v OAK��3 m ORIGINAL Exhibit A Mitigation Measures & Conditions of Approval GPA /ZC 12 -0286 Page 3 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 7. If the parcel is already within a consolidated maintenance district, the owner shall update the maintenance district documents, including the Proposition 218 ballot and the Covenant. The ballot and covenant shall be signed and notarized. For orderly development 8. Payment of the proportionate share of the cost of the landscaped 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 9. The development is required to pay into the adopted Regional Traffic Impact Fee fixed rate program. For orderly development Bakersfield Municipal Airport Compatibility: 10. As a condition of any approved development plan within the GPA /ZC area, overflight easements shall be granted to the City of Bakersfield. Overflight easements shall grant all rights deemed necessary by the City of Bakersfield to ensure that the development of said property will neither impede airport operations nor result in flight hazards, including but not limited to the following; to make flights and associated noise in airspace over said property; to regulate or prohibit the release of any substance into the air which might interfere with aircraft operations; to regulate or prohibit light emissions which might interfere with pilot vision; and to prohibit electrical emissions which might interfere with aircraft communications systems or aircraft navigational equipment. For orderly development City Attorney: 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 and boards ( "City" herein) against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any gf?,KK� them, before administrative or judicial tribunals of any kind whatsoever, in any way aris(h'ib `'T -- rn �1 0 ORIGINAL Exhibit A Mitigation Measures & Conditions of Approval GPA /ZC 12 -0286 Page 4 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. DL: S: \GPAs \GPA 4th 2012\ 1 2-0286\Admin SR \Exhibit A.docx '' f\ r- ORfG1NAL Exhibit B Zone Change location Map �? CD ORIGINAL CD 00 N O N T- (LLJ D Z r C) LU Z 0 N co 0 C, CD cc> - - - - - - - - - - - - - - Or cc Lu < 0 LU co Q4 oll, OHIGINAL 4 oll, OHIGINAL Exhibit C Zone Change Legal Description 4eAKF9 O ��T m ORIGINAL EXHIBIT "A" LEGAL DESCIPTION ZONE CHANGE #-- ___ LOT 46 OF TRACT NO. 5859, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, AS PER MAP RECORDED DECEMBER 15, 1998 IN BOOK 44 OF MAPS AT PAGE 126 THROUGH 128, IN THE OFFICE OF THE KERN COUNTY RECORDER. 0 t T E n N N O O O� Q v d C d O O P Q� C Q n 0 h 0 m� °m i N C I �pFESS /ONq O S C. �. N a No. C -33490 *\ p. 6 -30 -14 c w a�Q OF CAE \Fps N J U U O K VA DESCRIPTION 0 REVISIONS BY PREPARED A Y: OB -O6 -12 ZONE CHANGE LEGAL R PUT PW a 0 ADVANCED RAJVIR GILL ET AL ENGINEERING„0 fV�1 E 1910 MINERAL CT. BAKERSFIELD. CA 93308 (661)393--9100 r1-0 (661)593 -90 E DRAVM BY: CHECKED BY: SHEET 1 OI S EET PIK T.C.R. - o 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 22th day of March, 2013 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4721, passed by the Bakersfield City Council at a meeting held on the 20th day of March. 2013 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 (ONE FAMILY DWELLING) TO R -2 /PUD (LIMITED MULTIPLE FAMILY DWELLING /PLANNED UNIT DEVELOPMENT) ON APPROXIMATELY ONE ACRE LOCATED ALONG THE WEST SIDE OF SOUTH UNION AVENUE, APPROXIMATELY 400 FEET NORTH OF PANAMA LANE, (GPA/ZC NO. 12- 0286). ROBERTA GAFFORD City Clerk and Ex Officio of the Council of the City of Bakersfield By: DEPUTY City Clerk SADOCUMEN'RFORMSWOP.ORD.wpd