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HomeMy WebLinkAboutORD NO 47204720 ORDINANCE NO. 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 C -O (PROFESSIONAL AND ADMINISTRATIVE OFFICE) TO C -1 (NEIGHBORHOOD COMMERCIAL) ON APPROXIMATELY 48,780 SQUARE FEET LOCATED 150 FEET SOUTH OF THE SOUTHWEST CORNER OF OSWELL STREET AND BERNARD STREET, (GPA /ZC NO. 12- 0264). WHEREAS, Scott Underhill for Bruce and Melanie Lynn, filed an application with the City of Bakersfield Community Development Department requesting to change the zone district from C -O (Professional and Administrative Office) to C -1 (Neighborhood Commercial) on approximately 48,780 square feet located 150 feet south of the southwest corner of Oswell Street and Bernard Street (the "Project "); and WHEREAS, the Planning Commission held a public hearing on December 20, 2012, and approved Resolution No. 38 -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. 38 -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. �gAKF9 --- - - - - -- 000--- - - - - -- ti m ORIGINAL I 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 0 2013 by the following vote: AYE ;I,' N ES: ABSTAIN: ABSENT: SMITH, HANSON, SULLIVAN, JOHNSON ROBERTA GAFFORD, CA#CV CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED MAR 2 01013 HARVEY L. HALL MAYOR of the City of Bakersf d APPROVED as to form: VIRGINIA GENNARO City At ney By: ANDREW HEGLUN Deputy City Attorney Exhibits: A Mitigation Measures /Conditions of Approval B Zone Change Map C Legal Description CG\ S: \GPAs \GPA 4th 2012 \12 - 0264 \Reso & Ord \CC ZC Ordinance.doc -2 - �gAK�C� F_ r� c� c> Exhibit A Mitigation Measures & Conditions of Approval v� e A K,% F- m r O ORIGINAL. Exhibit A Mitigation Measures & Conditions of Approval General Plan Amendment /Zone Change No. 12 -0264 MITIGATION MEASURES FROM NEGATIVE DECLARATION: Air Quality and Greenhouse Gas Mitigation Measures 1. The proposed project will have air pollutant and greenhouse gas 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 and rules required by the San Joaquin Valley Air Pollution Control District. Mitigation for Air Quality and Greenhouse Gas 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. o, A Qi'KF9� r r- v a Page 1 of 3 ORIGINAL EXHIBIT A Mitigation Measures & Conditions of Approval GPA /ZC No. 12 -0264 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. CONDITIONS OF APPROVAL: 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 (If a tentative subdivision map over the entire GPA /ZC area is submitted, than these conditions can be met with the map): a. Provide fully executed dedication for Oswell Street to arterial standards for the full frontage of the area within the GPA request, if 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. b. This GPA /ZC area is too small to support its own storm drainage sump. Submit a comprehensive drainage study to be reviewed and approved by the City Engineer. 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 devel���r KF9� T r-- m Page 2 of 3 .ORIGINAL EXHIBIT A Mitigation Measures & Conditions of Approval GPA /ZC No. 12 -0264 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. For orderly development. 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, tentative subdivision map, Site Plan Review, or application for a lot line adjustment for any portion of this GPA area 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. Mitigation for Traffic Impacts. City Attorney 10. 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 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 4th 2012 \12 - 0264 \Conditions Ex A.doc Page 3 of 3 4 Q A KF,P T rn r- ORiGINAL Exhibit B Zone Change Location Map <<Q'AKF9 F1 m U ORIGINAL ,, It ^ (o N O 1 N T- W CD Z Q r U W Z O N 1S 113MSO 0 $ U ; o � m Q C� 1 U 1 w Q 0 U CL U ~ Q W NF a �U U m 0 W W 13 0 0° wavaavx a 10 dOOIS w w J O a 3 101SVW z N3ZZIW m ° Y 10 H013N Q a z w Z m NIONVIIIVH vaj D a aavpaaaugn 1S a31OV << Q) A,KF9 O !ORIGINAL 0 N K W co 0 C rn N F�- U ; o � m Q C� 1 U 1 w Q 0 U CL U ~ Q W NF a �U U m 0 W W 13 0 0° wavaavx a 10 dOOIS w w J O a 3 101SVW z N3ZZIW m ° Y 10 H013N Q a z w Z m NIONVIIIVH vaj D a aavpaaaugn 1S a31OV << Q) A,KF9 O !ORIGINAL Exhibit C Zone Change legal Description u t- ORIGINAL DESCRIPTION OF PARCEL TWO PARCEL MAP No. 5339 GPA/ZC 12 -0264 BEING ALL OF PARCEL 2 OF T PAGE 38 ON THE OETI o BOOK 23 OF PARCEL MAP OF THE COUNTY RECORDER, WITHIN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, AND TER OF THE NORTHEAST QUARTER OF QUARTER OF THE SOUTHER Q SECTION 22, TOWNSHIP 29 SOUTH, RANGE 28 EAST, M.D.M. AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL 2 AND A POINT ON THE EAST LINE OF SAID SECTION 22; THENCE NORTH 00029'16" WEST ALONG ON 22 AA DISAAANCE OF 137.483 PARCEL ET TO. AND THE EAST LINE OF SAID THE NORTHEAST CORNER OF SAID PARCEL 2; THENCE SOUTH 89 019'2 FEET TO THE NORTHWEST CORNERFO��ARCEL 2 A DISTANCE OF 355.002 F PARCEL 2; THENCE SOUTH 89019'22" ET TO THE SOUTHWEST CORNER OF SAID A DISTANCE OF 137.335 FE PARCEL 2; THENCE NORTH 89 °20'48" EAST TO THE ALONG THE OF BEGHINNING F SAID PARCEL 2 A DISTANCE OF 355.00 FEE CONTAINING 48,780 SQUARE FEET MORE OR LESS. f- m r U 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 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. 4720, 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 C -0 (PROFESSIONAL AND ADMINISTRATIVE OFFICE) TO C -1 (NEIGHBORHOOD COMMERCIAL) ON APPROXIMATELY 48,780 SQUARE FEET LOCATED 150 FEET SOUTH OF THE SOUTHWEST CORNER OF OSWELL STREET AND BERNARD STREET, (GPA/ZC NO. 12- 0264). ROBERTA GAFFORD City Clerk and Ex Officio- the Cot - - . . By: DE S: \DOC U M ENIIFORMS\AOP.O RD.wpd