HomeMy WebLinkAboutORD NO 3585ORDINANCE NO. 8 ~ 8 5
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND ZONING
MAP 123-22 BY CHANGING THE ZONING OF 18 NET
ACRES GENERALLY LOCATED AT THE NORTHEAST
CORNER OF PANAMA LANE AND ASHE ROAD FROM
R-3 (LIMITED MULTIPLE FAMILY DWELLING)TO C-2
(REGIONAL COMMERCIAL) ZONE.
WHEREAS, in accordance with the procedure set forth in the provisions of
Tifie 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 at the northeast corner of Panama Lane and
Ashe Road; and
WHEREAS, by Resolution No. 71-93 on December 16, 1993, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of
the Municipal Code to approve C-2 (Regional Commercial) as delineated on attached
Zoning Map No. 123-22 marked Exhibit "B", by this Council 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 changes in zoning of the subject property from R-3
(Limited Multiple Family Dwelling, minimum lot area 6,000 square feet, minimum lot
area not less than 1,250 square feet per dwelling unit) 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 CEOA 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 and
posted on October 25, 1993, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows commercial
development; and
WHEREAS, the City Council has considered and hereby makes the
following findings:
1. All required notices have been given.
2. The provisions of the California Environmental Quality Act
(CEQA) have been followed.
ORIGINAL
3. The proposed Zone Change No. 5517 is consistent with the
Metropolitan Bakersfield 2010 General Plan.
4. The proposed zoning with mitigation will not have a significant
adverse effect on the environment.
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.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
Bakersfield as follows:
SECTION 1.
All of the foregoing recitals are hereby found to be true and
correct.
2. The Negative Declaration is hereby approved and adopted.
3. The southerly 18-acre net is changed to Co2 (Regional Commercial).
4. Section 17.06.020 (Zoning Map) of the Municipal (:ode 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. 123-22 marked Exhibit "B" attached hereto and made a part hereof, and are
more specifically described in attached Exhibit "C".
5. Such zone change is hereby made subject to the conditions of
approval listed in attached Exhibit "A".
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.
ORIGIN~,[
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
~t 0 g ~ , by the following vote:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED I~ 0 $ 199~
BOg PRICE
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY SKOUSEN
ACTING CITY ATTORNEY of the City of Bakersfield
MMC:pjt
February 16, 1994
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3
ORIGtNAL
EXHIBIT "A"
Conditions of Approval
GPA 4-93, Segment IV
Zone Change No. 5517
Plannin~ Department:
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)
Applicant shah cause an archaeological survey to be prepared. Any mitigation resulting from said
survey shall be implemented prior to recordation of a subdivision map or in the event there is not
a subdivision map prior to applying for a building permit. (Mitigation)
Public Works Deoartment:
Offers of dedication will be required to allow for the construction of the entire portion within the
project area of Panama Lane and Ashe Road 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.
With the first development within the GPA area, Ashe Road shall be constructed from Panama
Lane to Harris Road. Construction shall consist of full width improvements on the east side
(northbound), a full landscaped median island, and 16 feet of pavement on the west side
(southbound). The Panama Lane frontage shall be constructed in one segment in accordance with
the provisions of Agreement 87-84 and as required by the City Engineer.
Drainage provisions for the project area shall be in accordance with the master drainage study
previously submitted and approved by the City Engineer for the Silver Creek area.
Sewerage provisions for the project area shall be in accordance with the master sewer study
previously submitted and approved by the City Engineer for the Silver Creek area.
Panama Lane and Ashe Road are bikeways on the "Bikeway Master Plan" of the 2010 General
Plan and shall be constructed as required by the 2010 General Plan for streets with bike lanes.
NOTE: * indicates adjustments have been made on these items to account for the Regional
Transportation Impact Fee's contribution towards the item.
Upon further subdivision or development, the developer shall pay to the City fees for his
proportionate share of future traffic signals in the project area. The signals and the developer's
proportionate share are as follows:
$ 16,900.00
$ 46,540.00
$ 9,750.0O
$ 4,810.00
$11,700.00
Ashe Rd at District Bird
Ashc Rd at Itarris Rd
Gosford Rd at Harris Rd
*Cosford Rd at Pacheco Rd
*Cosford Rd at Panama Ln
(13.0% of $130,000.00)
(35.8% of $130,000.00)
(7.5% of $130,000.00)
(3,7% of $130,000.00)
(9.0% of $130,000.00)
ORIGINAL
Exhibit "A"
GPA 4-93, Segment IV
ZC 5517
Page 2
10.
11.
12.
13.
Panama Ln at Progress Rd
Panama Ln at Reliance Dr
*Panama Ln at Ashe Rd
*Panama Ln at Stine Rd
Stine Rd at Harris Rd
Panama Ln at Akers Rd
*Panama Ln at SB 99 ramp
*Panama Ln at NB 99 ramp
$ 11,050.00
$ 32,240.00
$ 27,300.00
$12,090.00
$ 6,500.00
$ 19,500.00
$ 1,300.00
$ 1,300.00
$ 200,980.00
(8.5% of $130,000.00)
(24.8% of $130,000.00)
(21.0°/o of $130,000.00)
(9.3% of $130,000.00)
(5.0% of $130,000.00)
( 15.0% of $130,000.00)
(1.0% of $130,000.00)
(1.0% of $130,000.00)
Upon further subdivision or development, the developer shall pay to the City a fee for his
proportionate share of the cost of widening the *Panama Lane overcrossing at State Route 99.
The proportionate share was calculated at 0.85% which, based on the estimated cost Hsted in the
Regional Traffic Impact Fee Ordinance of $1,800,000.00, yields a proportionate cost of $15,300.00.
The traffic study and resulting impacts identified in items 8. and 9. 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 than stated. The stated commercial square footage is
272,250 square feet of retail commercial. The above local traffic mitigation fee equals $0.80 per
square foot for the proposed retail commercial use. 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 shah be required at site plan review. Otheimise,
the above unit cost per retail commercial square foot shall be maintained even if the commercial
square footage that is finally created is less than, or no more than 5 % greater than that proposed
so that proportionate local traffic mitigation will be achieved.
With construction of Panama Lane and Ashe Road, traffic signal interconnect conduit, conductor
and pull boxes shall be installed to City Standards by the developer. Installation shall be along
the east side of Ashe Road from Panama Lane to Harris Road and along the north side of
Panama Lane from thc west side of Ashe Road to the east project boundary.
If at the time of development a traffic signal or signals (other than the signal at the intersection of
Ashe Road and Panama Lane) are proposed to serve the project, then a maintenance district shall
be tbrmed over the GPA area to pay for the annual operation and maintenance costs of the traffic
signal(s) prior to approval of the traffic signal construction plans.
Maintenance District Cost. The owners of the property will be assessed maintenance district cost
based on the present R-3 zoning district, so that there will not be any increase in maintenance
district cost to other property owners within the district.
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ORIGINAL
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CiTY OF BAKERSFIELD
ZONING MAP 125-22
SEC 22 T 305 R 27£
LEGEND
EXHIBIT "C"
Legal Description
Zone Change No. 5517
BEING ALL THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 30
SOUTH, RANGE 27 EAST, M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 22, SAID POINT ALSO
BEING THE CENTER LINE INTERSECTION OF PANAMA LANE AND ASHE ROAD; THENCE
SOUTH 89°04'51' EAST, ALONG THE CENTER LINE OF PANAMA LANE AND ALONG THE
SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION, 79.85 FEET; THENCE
NORTH 00055'09" EAST, AT RIGHT ANGLES TO SAID SOUTH LINE, 70.00 FEET TO THE
TRUE POINT OF BEGINNING, SAID POINT ALSO BEING A POINT ON THE NORTHERLY
FUTURE RIGHT-OF-WAY LINE OF PANAMA LANE; THENCE ALONG THE. NORTHERLY
FUTURE RIGHT-OF-WAY LINE, THE FOLLOWING FOUR (4) COURSES:
1) SOUTH 89°04'51" EAST, 190.15 FEET; THENCE
2) SOUTH 84"19'02" EAST, 120.42 FEET; THENCE
3) SOUTH 88°12'46" EAST, 330.04 FEET; THENCE
4) SOUTH 89~'04'51' EAST, 517.48 FEET TO A POINT ON THE WESTERLY RIGHT-OF-
WAY LINE OF THE ARVIN-EDISON CANAL, SAID POINT ALSO BEING THE BEGINNING OF
A NON-TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 305.00
FEET; FROM WHICH POINT A RADIAL LINE BEARS NORTH 24016'45' EAST; THENCE
ALONG THE WESTERLY RIGHT-OF-WAY LINE OF THE ARVIN-EDISON CANAL, THE
FOLLOWING SIX (6) COURSES:
1) NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL .ANGLE OF 41°
55'43", AN ARC LENGTH OF 223.20 FEET; THENCE
NORTH 23°47'32" WEST, 71.07 FEET; THENCE
SOUTIt 66012'28' WEST, 15.00 FEET; THENCE
NORTH 23047'32' WEST, 450.00 FEET; THENCE
NORTH 66012'28' EAST, 15.00 FEET; THENCE
NORTH 23047'32" WEST, 292.54 FEET; THENCE
NORTH 89°10'07' WEST, 687.76 FEET TO A POINT ON THE FUTURE RIGHT-OF-WAY LINE
OF ASHE ROAD; THENCE ALONG SAID FUTURE RIGHT-OF-WAY LINE THE FOLLOWING
FOUR (4) COURSES:
1) SOUTH 00049'35" WEST, 225.46 FEET; THENCE
2) SOUTH 00002'30" EAST, 330.04 FEET; THENCE
3) SOUTH 00049'35" WEST, 300.13 FEET; THENCE
4) SOUTH 44°07'35" EAST, 28.26 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 18.00 ACRES.
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ORIG, ,,",,.
MARTIN-McINTOSH
2001 Wheelan Court
Bakeratield, CA 93309
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. 3585, passed by the
Bakersfield City Council at a meeting held on the 9th day of March,
1994, and entitled:
ORDINANCE AMENDING TITLE 17 OFT HE BAKERSFIELD MUNICIPAL
CODE AND ZONING MAP 123-22 BY CHANGING THE ZONING OF 18
NET ACRES GENERALLY LOCATED AT THE NORTHEAST CORNER OF
PANAMA LANE AND ASHE ROAD FROM R-3 TO C-2 ZONE
/s/ CAROL WILLIAMS
City Clerk of the City of Bakersfield