HomeMy WebLinkAboutORD NO 3572ORDINANCE NO. $ 5 ~ ~
AN ORDINANCE AMENDING TITLE 17) OF THE
BAKERSFIELD MUNICIPAL CODE AND CITY ZONING
MAP 123-35 BY PREZONING PROPERTY LOCATED
NORTH OF MCKEE ROAD, EAST OF STINE ROAD
KNOWN AS STINE NO. 10 ANNEXATION.
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 MONDAY, SEPTEMBER 13 and THURSDAY, SEPTEMBER 16,
1993 and continued to MONDAY, OCTOBER 4, 1993 and THURSDAY, OCTOBER 7,
1993, to consider prezoning certain property proposed for annexation to said City, known
as STINE NO. 10 ANNEXATION, and made several general and specific findings of fact
which warranted a negative declaration of environmental impact; and
WHEREAS, Annexation prezoning area comprises approximately 60 +/-
acres of land contiguous to the boundary of the City of Bakersfield, as shown on the
B, and
attached map marked Exhibit .....
WHEREAS, by Resolution No. 51-93 on October 7, 1993, the Planning
Commission recommended approval and adoption of an ordinance amending Title 117 of
the Municipal Code to approve Prezoning No. 5497 to R-1 (One Family Dwelling) and
E (Estate) zone, as set forth in said resolution; 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, this Council has fully considered the findings made by the
Planning Commission as set forth in that resolution; and
WHEREAS, a Negative Declaration with mitigation was advertised and
posted on July 27, 1993, in accordance with CEQA; 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 California Environmental Quality Act (CEQA)
have been followed.
3. Based on the initial study, staff has determined that the proposed
project, as recommended, will not have a significant effect on the environment. A~
Negative Declaration was advertised and posted on July 27, 1993.
ORIGINAL
4. The proposed prezoning, conditioned as set forth in Exhibit "A", is
compatible with the existing development adjacent to the site.
5. Proposed prezoning, as conditioned, is consistent with the
Metropolitan Bakersfield 2010 General Plan, subject to prior approval of related GPA 3-
93, Segment III.
6. The California State Legislature enacted Senate Bill 1287 that
preempts the City's ability to impose mitigation above and beyond the $1.65 per square
foot for residential fees plus the additional $1 per square foot that may be imposed by
the school districts.
WHEREAS, the City Council has determined after due consideration of the
motion and recommendation of the Planning Commission, herein on file, together with
the reasons advanced at the Planning Commission hearing, that said zoning should be
authorized upon annexation of said property to the City.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
Bakersfield as follows:
1. All of the foregoing recitals are hereby found to be true and
correct.
2. The Negative Declaration with mititgation for this zoning action is
hereby approved and adopted.
3. That Title Seventeen of the Bakersfield Municipal Code of the City
of Bakersfield and City Zoning Map No. 123-35 is hereby amended by prezoning said
property and extending the boundaries of said map to include that certain property in
the County of Kern located northeast of McKee Road and Stine Road contiguous to the
boundmy of the City of Bakersfield known as the Stine No. 10 ANNE3LS, TION, upon the
annexation of said property to the City of Bakersfield, subject to the conditions of
approval attached in Exhibit "A" and the zoning designations and boundaries of which
property are shown on the map marked Exhibit "B", hereto attached and made a part of
this ordinance, and are more specifically described in attached Exhibit "C".
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.
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2
ORIGINAL
! 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
DFC 0 1 ~ , by the following vote:
AYES: COUNCILMEMBERS McDERMOTr,
NOES: COUNCILMEMBERS
ABSTAIN: COUNCILMEMBERS
ABSENT: OOUNGILMEMBER~
Assistant CITY CLERK and Ex Officio Cqerk of the
Council of the City of Bakersfield
APPROVED BEg 0 [ ~
BOB PRICE
MAYOR of the City of Bakersfield
APPROVED as to form:
CITY ATrORNEY of the City of Bakersfield
MO:pjt
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October 18, 1993
ORIGINAL
EXHIBIT "A"
Conditions of Approval
Prezoning No. 5497
Planning Department:
In order to mitigate the impacts of any natural to urban land conversion on the San Joaquin kit
fox (a 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 (MBHCP). These measures are necessary to prevent
unauthorized take of foxes and to offset any losses to kit fox habitat resulting from on-going
construction activities.
Prior to approval of any land division, an archaeological survey must be completed. Any
mitigation resulting from the report shall be implemented prior to recordation of the land division.
The developer shall pay, prior to the issuance of a building permit for those dwelling units in
excess of 47 residential units within Assessor's Parcel No. 373-051-36, $3.65 per square foot of
assessable space, as defined in Section 65995 of the Government Code, for the purpose of
providing school facilities. The remaining 47 residential units within Assessor's Parcel No. 373-
051-36 will be required to pay the statutory school facilities fees at the time 0}7 issuance of a
building permit. Prior to the issuance of a building permit on the remaining area (A.P.N. 373-
051 - 13, 373-051-35, 373-051-10 and 373-051-11 ), $3.65 per square foot of assessable space, as
defined in Section 65995 of the Governmenl Code, shall be paid for the purpose of providing
school facilities.
Public Works Department:
At the time of future subdivision, a local traffic study to determine the local traffic impacts and
corresponding mitigation for these impacts will be required. Alternatively, the subdivider may pay
a fee of $750 per gross acre for traffic signals in the area plus his proportionate share of the cost
of the following:
Traffic Signal at SB St. Rt. 99 ramp and Panama Lane
Panama Lane overcrossing of St. Rt. 99
St. Rt. 119 overcrossing of St. Rt. 99
Stine Road crossing of the Arvin-Edison Canal
Akers Road crossing of the Arvin-Edison Canal
At the time of further development or subdivision, the property owner(s) within the GPA area 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.
Municipal sewer service to each development, lot, or parcel shall be provided upon further
subdivision or development of the property. Prior to submitting any tentative subdivision maps or
development plans, a proposal and sewer study for providing that municipal service to the project
area shall be submitted to and approved by the City Engineer.
ORIGINAl
Exhibit "A"
GPA 3-93, Seg. III
Page 2
If a new pump station is required to provide service for this development, then the developer shall
perform an economic analysis of the operation and maintenance over the expected life of this
pump station and, prior to acceptance by the City of this pump station, shall pay a fee based on
the economic analysis for this station's operation and maintenance. Any upgrades to the existing
sewer system will be the responsibility of the developer.
Offers of dedication will be required to allow for the construction of the entire portion within the
project area of Stine Road to arterial standards and of McKee Road to collector 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.
A drainage study shall be submitted for this area and shall have the boundaries of Stine Road,
McKee Road, and ~'entativc Tract 5683. The drainage basin for this area shall be located along
the northerly boundary of the project area to allow the basin to be expanded for the drainage
from Tentative Tract 5683 north of the project.
'[he drainage study shall be submitted to and approved by the City Engineer nnd any 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 or improvement
plan within the project area. '[he applicant shall initiate proceedings to form a Planned Drainage
Area if necessary to facilitate construction of the drainage system.
Stine Road is a bikeway on the "Bikeway Master Plan" of the 2010 (ionoral Plan and shall be
constructed as required by the 2010 General Plan for streets with bike lanes.
Paved transitions approved by the City Engineer will be required where new street construction on
Stine Road and McKee Road meet existing pavement.
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I
CiTY OF BAKERSFIELD
ZONING MAP 123-35
SEC S5 '[ 3Os R 27E
LEGEND
EXHIBIT C
Legal Description
PREZONING NO. 5497
COUNTY A (EXCLUSIVE AGRICULTURAL) ZONE
TO CITY R-! (ONE FAMILY DWELLING) ZONE
Lots 9 and 10 in Section 35, Township 30 South, Range 27 East,
M.D.M., County of Kern, State of California, according to "Kern
County Sales Map No. 1 of Lands of J. B. Haggin" Filed May 3, 1889
in the office of the Kern County Recorder.
Excepting therefrom that parcel described a's follows:
Beginning at the northwest corner of above described Lot !0;
THENCE South 89'41'53" East, along the north line of said lot,
a distance of 300.37 feet to nhe beginning of a non-tangent,
270.00 foot radius curve, concave no the norn~wesm, having a
radial bearing of North 89'41'53" West from said beginnlng of
curve;
THENCE Southwesterly along said curve through a central angle
of 25'00'00" an arc distance of 117.81 feet;
THENCE South 25'18'07" West, 249.28 feet;
THENCE North 89'41'07" West, 167.79 feet to a point on the
west line of said Lot 10;
THENCE North 00'01'26" West, along said west line, 340.30 feet
~o the Doint of beginning.
Also excepting the east 12 feet of said Lot 10 and the public road
right of way for Stine Road and McKee Road.
Containing 35.90 Acres (+/-)
COUNTY A (EXCLUSIVE AGRICULTURAL) ZONE
TO CITY E (ESTATE - ONE F~ILY DWELLI}IG) ZONE
Lot !! and the east 12 feet of Lot IQ in Sectien ~, TswnshiD 20
South, Range 27 East, M.D.M., County of Kern, Stane of California,
according to "Kern County Sales Map No. 1 of Lands of J. B. Haggin"
Filed May 3, 1889 in the office of the Kern County Recorder.
ORIGINAL
Exhibit "C"
Prezoning 5497
Page 2
Excepting the public road right of way for McKee Road.
Containing 19.89 Acres (+/-)
COUNTY E-1 ~ESTATE - 12,000 SQUARE FT. MINIMUM LOT SIZE)
ZONE TO CITY E (ESTATE - ONE F~ILY DWELLING) ZONE
A portion of said Lot 10 being more particularly described as
follows:
Beginning at the Northwest corner of said Lot 10;
THENCE South 89'41'53" East, along the north line of said lot,
a distance of 300.37 feet to the beginning of a non-tangent,
270.00 foot radius curve, concave to the northwest, having a
radial bearing of North 89'41'53" West from said beginning of
curve.
THENCE Southwesterly along said Curve through a central angle
of 25'00'00" an arc distance of 117.81 feet;
THENCE South 25'18'07" West, 249.28 feet;
THENCE North 89'41'07" West, 167.79 feet to a point on. the
west line of said Lot 10;
THENCE North 00'01'26" West, along said west line, 340.00 feet
to the point of beginning.
0:10493.3
RTY :wrn
Containing 1.91 Acres (+/-)
ORIGINAL
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SS.
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 14th day of December, 1993
she posted on the Bulletin Board at City Hall, a full, true and
correct copy of the following: Ordinance No. 3572, passed by the
Bakersfield City Council at a meeting held on the 1st day of
December, 1993, and entitled:
AN ORDINANCE AMENDING TITLE 17 OF THE
BAKERSFIELD MUNICIPAL CODE AND CITY ZONING MAP
123-35 BY PREZONING PROPERTY LOCATED NORTH OF
MCKEE ROAD, EAST OF STINE ROAD KNOWN AS STINE
NO. 10 ANNEXATION.
By:
/s/ CAROL WILLIAMS
City Clerk of the City of iBakersfield
DEPUTY 3ity rk