HomeMy WebLinkAboutORD NO 3580ORDINANCE NO. 8 ~J 8 0
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP 123-26
BY CHANGING THE ZONING OF 12.1 ACRES GENERALLY
LOCATED SOUTHWEST OF PANAMA LANE AND WlBLE
ROAD FROM R-I (ONE FAMILY DWELLING) TO C-2
(REGIONAL COMMERCIAL).
WHEREAS, in accordance with the procedure set forth in the provisions. of Title
17 of the 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 generally located southwest of Panama Lane and Wible Road; and
WHEREAS, by Resolution No. 57-93 on September 16, 1993, the Planning
Commission recommended denial of an ordinance amending Title 17 of the Municipal Code
from an R-1 (One Family Dwelling) zone to a C-2 (Regional Commercial) zone and this
Council has fully considered the findings made by the Planning Commission as set forth in that
Resolution; and
WHEREAS, the Planning Commission, as a result of said hearing, did make
several general and specific findings of fact which warranted a negative declaration of
environmental impact and denial of changes in zoning of the subject property from R-1 (One
Family Dwelling) to C-2 (Regional Commercial) and the Council has considered said findings
and all appear to be true and correct; and
WHEREAS, the law and regulations relating to the preparation and adoption of
Negative Declarations, as set forth in CEQA and City of Bakersfield's CEQA Implementation
Procedures, have been duly followed by city staff, Planning Commission and this Council; and
WHEREAS, a Negative Declaration with mitigation was advertised on August 18,
1993, and posted on July 27, 1993, in accordance with CEQA; and
WHEREAS, the developer stipulated to and recorded a deed restriction against
the property restricting all development until June 1996; and
WHEREAS, the general plan designation with the adoption of GPA 4-93, Segment
VI for this area allows commercial development; and
WHEREAS, the City Council has considered and hereby makes the following
findings:
1. All required public notices have been given.
2. The provisions of CEQA have been followed.
3. That proposed Zone Change No. 5494 is consistent with the Metropolitan
Bakersfield 2010 General Plan, subject to adoption of GPA 4-93, Segment VI.
4. The proposed zoning with mitigation will not have a significa tm~verse
effect on the environment. ~ ~
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ORiGiNAL
5. Conditions of approval attached to the project as Exhibit "A" are included
in the project to minimize and/or mitigate impacts, and to ensure that the density allowed by the
general plan is not exceeded.
6. Upon completion of the residential both south and west of the site which
is primarily undeveloped, additional commercial acreage will be needed of a size adequate to
support a grocery store/drug store complex.
7. Removal of the commercial designation on the 26-acre commercial site
along Wible Road to the south of the project site, in conjunction with the redesignation of the
project site to commercial, reallocates and consolidates commercial acreage.
8. Approval as conditioned will not interfere with other planned commercial
projects at this intersection.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
Bakersfield as follows:
SECTION 1.
1. All of the foregoing recitals are hereby found to be true and correct.
2. The Negative Declaration is hereby approved and adopted.
3. Section 17.06.020 (Zoning Map) of the Municipal Code of the City of
Bakersfield be and the same is hereby amended by changing the land use zoning of that certain
property in said City, the boundaries of which property is shown on Zoning Map No. 123-26
marked Exhibit "B" attached hereto and made a part hereof, and are more specifically described
in attached Exhibit "C".
4. Such zone change is hereby made subject to the conditions of approval
listed in attached Exhibit "A".
SECTION 2.
~his ordinance shall be posted in accordance with provisions of the Bakersfield
Municipal Code and shall become eft~ctive upon completion of condition number 3 of Exhibit
"A" attached hereto but in no event less than thirty (30) days from and after the date of passage
of this ordinance.
2
ORIGINAL
I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by
the Council of the City of Bakersfield at a regular meeting thereof held on
IdAR 0 $ ~ , by the following vote:
....... ,.OEP o*rr,
AYES. COUHC.II~..I._.,~ ~ .... ~ ~" ~ ~ ~
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bake. sneld
APPROVED blAR 0 9 ~}
MAYOR of the City of Bakersficld
APPROVED as to form:
JUDY SKOUSEN
ACTING CITY ATTORNEY of the City of Bakersfield
BY ~ Laura Ma~irino, Assistant City Attorncy
JM:pjt
February 25, 1994
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ORIGINAL
EXHIBIT "A"
General Plan Amendment 4-93, Segment VI
Zone Change No. 5494
Recommended Mitigation Measures
Plannin~ Department Conditions:
In order to mitigate the impacts of any natural to urban land conversion on the San Joaquin kit fox
(a State and Federally-listed Endangered Species), the applicant must, prior to ground disturbance,
follow the Advisory Notice, detailing the Interim Mitigation Measures established for the
Metropolitan Bakersfield Habitat Conservation Plan. (Mitigation)
Prior to approval of land division or development proposal, an archaeological survey must be
completed. Any mitigation resulting from such report shah be implemented prior to recordation of
the land division map or development proposal approval. (Mitigation)
Obtain the rezoning of the 26-acre commercial area at the mid-block along Wible Road between
Berkshire Road and the Arvin-Edison Canal to residential.
Receive signed stipulation, that is recordable, that no development will occur on the site prior to June
1996.
Public Works Department Conditions:
NOTE: * indicates adjustments have been made on these items to account for the Regional Transportation
Impact Fee's contribution ~wards the item.
5. Upon further subdivision or development, the developer shah pay to the City fees for his
p~oportionate share of future traffic signals in the project area impacted from the potential increase
in trip generation between the proposed land use and the existing land use. The signals and the
developer's proportionate share are as follows:
*Panama Ln at Stine Rd
Panama Ln at Akers Rd
Wible Rd at Berkshire Rd
Akers Rd at Harris Rd
Wible Rd at Harris Rd
Wible Rd at Hosking Ave
*Panama Ln at SB 99 ramp
*Panama Ln at NB 99 ramp
$ 3,220.00
$13,580.00
$ 14,000.00
$ 8,960.00
$ 8,680.00
$ 11,340.00
$ 5,700.00
$ 5,740.00
$ 71,220.00
(2.3% of $140,000.00)
(9.7% of $140,000.00)
(10.0% of $140,000.00)
(6.4% of $140,000.00)
(6.2% of $140,000.00)
(8.1% of $140,000.00)
(3.8% of $150,000.00)
(4.1% of $140,000.00)
Upon further subdivision or development, the developer shall pay to the City a fee for his
proportionate share of the cost of widening the following overcrossings along State Route 99. The
proportionate shares are based on a 30,000 average daily trip (ADT) capacity increase of the crossings
resulting from the widening:
Overcrossine
*Panama Lane
Proiect prooortionate share
5.0% of $1,800,000.00 = $ 90,000.00
Exhibit"A"
GPA4-93, Segment VI
ZC5494
Page 2
With the first development within the project area, the developer/subdivider shall pay his
proportionate share of the widening of the Wible Road crossing of the Arvin-Edison Canul. The
proportionate share for the entire project is $19,040.00 (6.8% x $280,000.00 := $19,040.00).
The traffic study and resulting impacts identified in items 5., 6. and 7. above are based on projections
of commercial square footage and uses stated in the traffic study, while the land use proposed could
allow more commercial square footage and other commercial uses. The stated commercial square
footage is 159,000 square feet. This square footage results in a local traffic mitigation fee of $1.13
per square foot. Should an increase of more than 5% in the retail commercial square footage be
proposed for any specific project within the project area, then a review and possible revision to the
traffic study may be required. Otherwise, the above unit costs per commercial square foot shall be
maintained irregardless of the amount of commercial square footage that is finally created so that
proportionate local traffic mitigation will be achieved.
Offers of dedication will be required to allow for the construction of the enlire portion of Panama
Lane and Wible Road within the project area to arterial standards. Such offers shall include sufficient
widths for expanded intersections and additional areas for landscaping as directed by the City
Engineer. The offers of dedication, fully executed, shall be submitted to the City prior to
development or recordation of any subdivision map or certificate of compliance within the GPA area.
10.
With the first development within the project area, the west side (southbound) of Wible Road, a full
landscaped median island to provide left-turn lanes, and a minimum of one lane on the east side
(northbound) of Wible Road shall be constructed. The fees collected from the development on the
east side of Wible Road adjacent to this median construction may be paid to the developer by the City
for partial reimbursement of the median construction cost.
11.
With the first development within the project area, the south side (eastbound) of Panama Lane will
be constructed. At the time of development of the portion of the project fronting Panama Lane, a
full width landscaped median island shall be provided to restrict left-turn movements across Panama
Lane to specific locations approved by the City Engineer. The fees collected from the development
on the north side of Panama Lane adjacent to this median construction may be paid to the developer
by the City for partial reimbursement of the median construction cost.
12.
The applicant shall submit a comprehensive drainage study having boundaries of Panama Lane, Wible
Road, Akers Road, and the Arvin Edison Canal. The drainage study should include, but not
necessarily be limited to, drainage calculations, pipe sizes and locations, the drainage basin site and
size, and construction phasing. The applicant shall initiate proceedings to form a Planned Drainage
Area if necessary to facilitate construction of the drainage system.
The drainage study shall be submitted to and approved by the City Engineer and the required
drainage basin site and necessary easements deeded to the City prior to recording of any subdivision
map or certificate of compliance or submittal of any development plan within the project area.
13.
The applicant shall submit a comprehensive sewerage study of the entire project area. The sewerage
study should include, but not necessarily be limited to, sewerage calculations, pipe sizes and locations,
and proposed invert elevations.
The sewerage study shall be submitted to and approved by the City Engineer prior to recording of
any subdivision map or certificate of compliance or submittal of any development plan within the
project area. ~ ~'~4q~&u9~
ORIGINAL
Exhibit "A"
GPA 4-93, Segment VI
ZC 5494
Page 3
14.
Wible Road and Panama Lane are future bikeways on the "BikewayMaster Plan" of the 2010 General
Plan. They shall be constructed as required by the 2010 General Plan for streets with bike lanes.
15.
Paved transitions approved by the City Engineer will be required where the construction on Wible
Road and Panama Lane meet existing pavement.
16.
At the time of further development or subdivision, the property owner(s) within the GPA area of any
areas not already within a maintenance district shall request to be annexed to an existing maintenance
district or request creation of a new maintenance district for their property.
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ORIGINAL
CITY OF BAKERSFIELD
ZONING MAP 123-26
LKGEND
EXHIBIT "C"
Zone Change No. 5494
Parcels 1 and 2 of Parcel Map No. 3380 in the City of Bakersfield, County of Kern, State
of California, as per map recorded May I0, 1976 in Book 15, Page 181 of parcel maps in
the Office of the County Recorder of said County.
12.1 net acres.
p:5494.ec
ORIGINAl.
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SSo
County of Kern )
CAROL WILLIAMS, 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 11th day of March, 1994
she posted on the Bulletin Board at City Hall, a full, true and
correct copy of the following: Ordinance No. 3580, passed by the
Bakersfield City Council at a meeting held on the 9th day of March,
1994, and entitled:
AN ORDINANCE AMENDING TITLE 17 OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP 123-
26 BY CHANGING THE ZONING OF 12.1 ACRES
GENERALLY LOCATED SOUTHWEST OF PANAMA LANEAND
WIBLE ROAD FROM R-1 (ONE FAMILY DWELLING) TO
C-2 (REGIONAL COMMERCIAL)
By:
/s/ CAROL WILLIAMS
City Clerk of the City of Bakersfield