HomeMy WebLinkAboutORD NO 4049ORDINANCE NO. 4 0 4 9
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO.
123-34 BY CHANGING THE ZONING FROM A
(AGRICULTURE) TO R-t (ONE FAMILY DWELLING) ZONE ON
111.73 ACRES, THE SITE IS GENERALLY LOCATED NORTH OF
TAFT HIGHWAY, WEST OF STINE ROAD. (GPA # P01-0326).
WHEREAS, in accordance with the procedure set forth in the provisions of Title 17
of the Bakersfield Municipal Code of the City of Bakersfield, the Planning Commission held a public
hearing on a petition to change the land use zoning of those certain properties in the City of
Bakersfield or being annexed to the City of Bakersfield, generally located north of Brimhall Road,
between Allen Road and Jenkins Road, south of Rosedale Highway; and
WHEREAS, by Resolution No.160-01 on December 21, 2001, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Bakersfield Municipal Code to approve R-1 (One Family Dwelling) zone as delineated on attached
Zoning Map No. 123-34 marked Exhibit "B" - Planning Commission Recommendation, to this
Council and this Council has fully considered the recommendations made by the Planning
Commission as set forth in that Resolution; 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,
therefore, a Negative Declaration was prepared for the project in accordance with the California
Environmental Quality Act (CEQA); and
WHEREAS, the applicant has ag reed to implement all mitigation measures identified
in the environmental analysis contained within the Negative Declaration for the proposed project;
and
WHEREAS, the law and regulations relating to the preparation and adoption of
Negative Declarations, as set forth in CEQA and the City of Bakersfield's CEQA Implementation
Procedures, have been duly followed by city staff, the Planning Commission and this Council; and
WHEREAS, a Negative Declaration was prepared for the proposed project and was
advertised and posted in accordance with CEQA; and
WHEREAS, the site is in the process of being annexed to the City of Bakersfield;
and
WHEREAS, the general plan designation for this area allows residential
development, subject to prior approval of General Plan Amendment No. P01-0326 as
recommended by the Planning Commission; and
WHEREAS, the City Council has considered the project proposal and hereby makes
the following findings:
All above recitals are true and correct.
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All required notices have been given.
The provisions of the California Environmental Quality Act (CEQA) have been
followed.
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 and sent to responsible agencies and a notice of public
hearing was sent to property owners within 300 feet of the project site. The
Negative Declaration was prepared for the proposed project in accordance with
CEQA.
That this project was the subject of a Negative Declaration.
That the Negative Declaration for Zone Change No. P01-0326 is recommended for
approval by the Planning Commission.
That this project was the subject of a Negative Declaration and the entire
environmental record is hereby adopted and incorporated herein by reference.
That the infrastructure exists or can easily be provided to accommodate the types
of density and intensity of the proposed development.
The project site is in the process of being annexed to the City of Bakersfield.
The public necessity, general welfare and good zoning practice justify the
recommended change of zone to R-1 (One Family Dwelling) zone on 111.73 acres
generally located north of Taft Highway to McKee Road, west of Stine Road.
The project site, with prior approval of General Plan Amendment No. P01-0326 as
recommended by the Planning Commission, is designated LR (Low Density
Residential) on the Metropolitan Bakersfield 2010 General Plan Land Use Plan.
The recommended Zone Change No. P01-0326 will reflect the previously adopted
General Plan Amendment No. P01-0326.
The recommended zone change is compatible with the surrounding uses.
The recommended zone change is consistent with the Metropolitan Bakersfield
2010 General Plan, subject to prior approval of General Plan Amendment No. P01 -
0326.
That Section 17.06.020 (Zoning Map) of the Municipal Code of the City of
Bakerafieid is recommended by the Planning Commission for amendment by
changing the land use zoning from A (Agriculture) to R-1 (One Family Dwelling)
zone on 111.73 acres generally located north of Taft Highway to McKee Road,
along the west side of Stine Road.
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follows:
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That Zone Change No. P01-0326, as outlined above, has been recommended by
the Planning Commission for approval with mitigation and conditions of approval,
subject to prior approval of General Plan Amendment No. P01-0326.
SECTION 1.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as
The above recitals and findings are true and correct and constitute the findings of
the City council in this matter.
All required notices have been given.
The provisions of the California Environmental Quality Act (CEQA) have been
followed.
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 notice
fora proposed Negative Declaration was prepared and sent to responsible agencies
and property owners within 300 feet of the project site. A Negative Declaration was
prepared for this project in accordance with CEQA.
That this project was the subject of a Negative Declaration and the entire
environmental record is incorporated herein by reference.
That infrastructure exists or can easily be provided to accommodate the types and
intensities of the proposed development.
That the project site is in the process of being annexed to the City of Bakersfield.
The public necessity, general welfare and good zoning practice justify the
recommended change of zone to R-1 (One Family Dwelling) zone on 111.73 acres
located generally north of Taft Highway west of Stine Road.
The site, with prior approval of General Plan Amendment No. P01-0326, is
designated LR (Low Density Residential) on the Metropolitan Bakersfield 2010
General Plan Land Use Plan.
The recommended Zone Change No. P01-0326 will reflect the previously adopted
General Plan Amendment No. P01-0326 and intent of the Planning Commission's
discussion at the December 21, 2001, public hearing.
The recommended zone change is compatible with the surrounding uses.
The recommended zone change is consistent with the Metropolitan Bakersfield
2010 General Plan, subioct to prior approval of General Plan Amendment No. P01-
0326.
That the applimnt by pdor agreement agr~d to ~omply with all adopted mitigation
measures contained within the Negative Declaration for the project proposa ~ ,~,~.,,¢~
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That Zone Change P01-0326 is hereby approved to R-1 (One Family Dwelling) with
mitigation measures adopted in the Negative Declaration.
That Section 17.06.020 (Zoning Map) of the Municipal Code of the City of
Bakersfield be amended by changing the land use zoning from A
(Agriculture) to R-1 (One Family Dwelling) zone on 111.73 acres as shown on
Map No. 123-34 attached hereto as Exhibit 'B", of that certain property in said City
or being annexed to the City of Bakersfield as described in Exhibit "C" attached
hereto.
That Zone Change No. P01-0326, as outlined above, is hereby approved with
mitigation and conditions of approval shown on Exhibit "A", subject to prior approval
of General Plan Amendment No. P01-0326.
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.
I HEREBY CERTIFY that the foregoing Ordinance was passedr~r~dr~[~ ~°~30t~zd by
the Council of the City of Bakersfield at a regular meeting thereof held on
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSEN, SULLIVAN, SALVAGGIO
COUNClLMEMBER ~
COUNCILMEMBER ~
COUNClLMEMBER ~
CITY CLERK and Ex Officic~lerk of the
Council of the City of Bakersfield
MORE SIGNATURES ON NEXT PAGE
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APPROVED FEB 20 ~0~
APPROVED as to form:
BART THILTGEN
City A~torn.~ ,~
Exhibits:
A. Mitigation and Conditions.
B. Zone Map No. 101-26.
C. Legal Description
MO:
S:\GPA 4th Qtr 2001\P01-0326\Resolutions\cc ,Ord ZC.wpd
February 22, 2002
EXHIBIT A
Conditions-Mitigation Measures
General Plan Amendment/Zone Change No. P01-0326
Archaeological Resources:
No amhaeological resources were identified on the site. However, if archaeological
resources are encountered during the course of land modification and/or construction,
then activities in the immediate area shall halt and a qualified archaeologist shall be
consulted for further evaluation. Any recommendations from the qualified archaeologist
shall be preformed prior to resuming construction. (Mitigation Measure)
Water Resources:
The property owner shall annex the site to the City of Bakersfield or the
developedproperty owner shall sign a covenant stating that they will not oppose
annexation proceedings for the site prior to receiving City water service. The
annexation or covenants to that effect must be executed and submitted to the City prior
to recordation of any subdivision map, (Mitigation Measure)
The City's normal fire protection service flows are 2500 gallons per minute (g.p.m.). In
certain areas and in certain zoning, fire flow requirements (as determined by the City
and/or County Fire Department) are in excess of the 2500 g.p.m, per acre in excess of
2500 g.p.m, or equivalent facilities. (Mitigation Measure)
Prior to filing a final tract/parcel map, the developer/owner shall record a covenant for
each lot in the subdivision prohibiting the export of groundwater fromthe subdivision
except by the water purveyor that is serving the subdivision. The individual property
owner is not restricted from using the groundwater under their land for use on their
overlying subdivided land. (Mitigation Measure)
City fees for inspection of installation of water facilities are currently calculated at four
(4%) percent of the estimated construction costs of the in-tract water facilities. In
addition, a $10.00 meter installation fee for each service will be assessed for two inch
(2") and less in size. The inspection fees are due and payable to the City by the land
owner/developer within thirty (30) days of invoice. (Mitigation Measure)
Prior to final recordation of any map for subdivision, water availability fees for water
service facilities are due and payable. Fees are authorized by Bakersfield Municipal
Code Section 14.04.120(B) and set by the City of Bakersfield Water Board with
concurrence of the Bakersfield City Council. As of this date, the fees are set at $
2,000.00 per gross acre. This project site contains approximately 111.73 acres,
therefore, fees due are ~. However, the fees may be paid upon further
subdivision or phasing of a tract. A "Domestic Water Service" agreement must be
signed by the landowner after City annexation proceedings begin and before
recordation of a map for subdivision. (Mitigation Measure)
GPNZC P01-0326
Condition-Mitigation
Page 2
The City will also require the installation of transmission water mains to be extended
from existing City water facilities located on Stine Road just south of Ridgeview High
School to the project site. The purpose of this is to eliminate a satellite domestic water
system. The City Water Resources Department will endeavor to work with the
developer/property owner of the project site in the phasing of the development, but
looping existing facilities is an important component of the design. The
developer/property owner shall work with the City Water Resources Department in this
endeavor. (Mitigation Measure)
A lot is necessary within the proposed subdivision for the purposes of drilling and
equipping a domestic water well facility. Before acceptance of a lot, a full
enviornmental and hazardous materials review (surface and subsuface soils) must be
conducted. 'Property for the deepwell site is to be dedicated or may be purchased by
the City. This land transaction must be conducted prior to the receding of any
tentative tract/parcel map for the project site. The lands may be included as part
of other City facilities, such as City of Bakersfield parks, storm drain sumps, etc.
(Mitigation Measure
All water mains, service connections, and fire hydrants shall be installed by developer
and dedicated to the City. Plans and specifications for such water mains and
appurtenances shall be prepared by or approval of plans for installation shall be by the
City of Bakersfield. All improvements must be installed or bonded for prior to the City
issuing a letter guaranteeing a water supply. (Mitigation Measure)
Public Works:
10.
A traffic study was prepared by Pinnacle Engineering for the subject General Plan
Amendment/Zone Change P01-0326 application. The study found that under future
conditions, with the proposed increased land use density, the improvements provided
in the current Regional Impact Fee Program will be sufficient to mitigate impacts.
Based upon the findings of the study, all development in the General Plan Amendment
area will be subject to the current Regional Traffic Impact Fee in place at time of
development. (Condition)
11.
Off-site dedication and construction will be required on Stine Road, north of Taft
Highway at the time of development/subdivision. (Condition)
12.
Whenever any road crosses any canal within this project area, the developer/applicant
shall construct the culvert, bridge, etc. full width to the ultimate width of the roadway
within the project area, at the time of development/subdivision. (Condition)
13.
If the irrigation ditch, along the west side of Stine Road, will be within the ultimate right
of way of Stine Road then the applicant shall relocate and/or pipe the existing
ditch. An irrigation line wdl not be allowed in the road nght-of-way, but must
GPNZC P01-0326
Condition-Mitigation
Page 3
14.
outside the right-of-way in the landscape easement or on private property. (Condition)
With the first tentative map submittal, site plan review, application for a lot line
adjustment, or other development approval within the General Plan Amendment/Zone
Change area,
submit a comprehensive sewer study to be submitted to and approved by the
City Engineer to show that the entire area can be served by gravity flow lines.
provide fully executed offers of dedication for McKee Road to collector
standards and Stine Road to arterial standards for the full frontages of the area
within the 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.
submit a comprehensive drainage study to be reviewed and approved by the
City Engineer. Drainage areas for retention basins are normally not less than
80 acres. There shall be no more than 2 retention basins allowed for this
GPA/ZC area. The approved drainage study/plan shall ensure development
does not exceed this total Any required retention basin sites and necessary
easements shall be offered for dedication to the City. (Condition)
15. Access to arterial streets will be limited and determined at time of division or
development. Determination of whether a right turn lane is required at the access
points (streets or drives) will also be made at the time of division or development. A full
access opening will only be considered if the developer funds and installs a traffic
signal atthe site entrance. Said signal will only be permitted if a signal synchronization
study is submitted and approved, which shows progression is not adversely affected.
(Condition)
16. In addition to the payment of the current Regional Traffic Impact Fee, the applicant
shall pay his share of the overhead bridge widening at the intersection of Taft Highway
(State Route 119) and Freeway 99. This local mitigation fee of $1,500 per dwelling
unit will be required, at the time of issuance of a building permit for each dwelling unit.
This improvement is not included in the Regional Facilities List for the regional impact
fee. However, should this improvement be added to the Regional Facilities List, then
the applicant's payment of the Regional Traffic Impact Fee would fulfill this condition.
(Condition).
S:\GPA 4th Qb' 2001~P0 t 4)32o'%Staff Repot t,Admin~7,ond-Mit Ex A.wpd
CZ)
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EXHIBIT C
Legal Description
Zone Change P01-0326
oo74823 rm . 93
All Of the North half of the Southeast quarter ~u~d all of the
Southeast quarte~ of the Southeast quarter of ,~ction 34,
Township 30 South, Range 27 East, t%0unt Diablo Ba6e and
Meridian, in the County of Kern, State Of California, accord-
ing to thc of£iciaL plat of said Land approved by nhe Surveyor
General on June 1, 1855.
Except that portion of the Southeast quarter of the Southeast
q~tartez dcscribed a6 follows=
Beginning at a point 30 ~eet North and 30 feet West of
the Southeast corner Of said Section! and =unn~n9 thence
North parallel with the East llne of said Section, 417.42
feet; thence Wes~ parallel with South line of said Section
417.42 feet; thence South parallel with the East llne of said
Section 208.71 feet; thence West parallel with South line of
said Section 290.29 feet to a point; thence southwesterly
215 feet, ~ore or leas, to a point 770.21 feet West of the
~int of beginning and 30 feet North of the so~th Line o~ ~aid
Section; thence East and parallel with South line of Enid
Section, 770.21 feet to the point of beginning.
Also excepting therefrom 50% o~ B~neficiary'e right, title and
interest in a~ to all o11, ga~, mineral= an& hydrocarbons in
or underlying and ~=oduced and saved fro~ said real property
together ~lth such rights o£ in~ress and egress conditioned
upon indemnifying Trustor for damage ~o the surface as shall
be necessary for the purpose o~ exercising such rights. (This
exception shall terminate on ~he death of the last to die of
Nick Tschurx and Helen Tsohurr.)
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SS,
County of Kern )
PAMELA A. McCARTHY, 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 22nd day of February , 2002 she posted on the Bulletin Board at
City Hall, a full, true and correct copy of the following: Ordinance No. 4049 , passed by
the Bakersfield City Council at a meeting held on the 20th day of February 2002
and entitled:
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL
CODE AND ZONING MAP NO. 123-34 BY CHANGING THE ZONING FROM A
(AGRICULTURE) TO R-1 (ONE FAIMLY DWELLING) ZONE ON 111.73 ACRES, THE
SITE IS GENERALLY LOCATED NORTH OF TAFT HIGHWAY, WEST OF STINE ROAD.
/s/PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
D E p UT'Y~Ci~'-CU~rk