HomeMy WebLinkAboutORD NO 3606ORDINANCE NO. 3 6 0 6
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND ZONING
MAP 123-26 BY CHANGING THE ZONING OF 20 --.
ACRES GENERALLY LOCATED WEST OF WIBLE ROAD
APPROXIMATELY 700 FEET SOUTH OF PANAMA LANE
FROM R-1 (ONE FAMILY DWELLING) ZONE TO R-2
(LIMITED MULTIPLE FAMILY DWELLING, ONE
DWELLING UNIT PER 2,500 SQ.Fr.) ZONE.
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 west of Wible Road approximately 700 feet
south of Panama Lane; and
WHEREAS, by Resolution No. 26-94 on June 16, 1994, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of
the Municipal Code to approve R-2 (Limited Multiple Family Dwelling) zone as
delineated on attached Zoning Map No. 123-26 marked Exhibit "B", by this Council and
this Council has fully considered the recommendations 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-1 (One
Family Dwelling) zone to R-2 (Limited Multiple Family Dwelling, 2,500 sq.ft.) zone 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 and
posted on April 29, 1994, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows multiple-
residential 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.
3. 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 with mitigation measures was advertised and
posted on April 29, 1994, respectively, in accordance with CEQA.
4. The public necessity, general welfare and good zoning practice
justify the change of zone to R-2.
5. The proposed zone change to R-2 is consistent with the
Metropolitan Bakersfield 2010 General Plan, with the approval of GPA 2-94, Segment
VII.
SECTION 1.
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 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.
This ordinance shall be posted in accordance with provisions of the
Bakersfield Municipal Code and shall become effective thirty (30) days from and after
the date of its passage.
......... 000
2
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
$£p 0 ? 1~ , by the following vote:
AYES: COUNCILMEMBERS ~cDERMOTr, EDW,/,zRD~, OeMONO, 8MffH, BRUN~, ROWLES, SALVAGGIO
NOES: COUNCILMEMBER~, __ F ) ~ t ,[ ~'~ ~-, ~
ABSTAIN: COUNCILMEMBERS ~\,~ '~ ~
AI~,ENT: COUNCILMEMBER~ ~ *~/ \(~ ;t~ t'*'
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED $£p 0 ? 1~$
BOB PRICE
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY SKOUSEN
ACTING CITY ATFORNEY
BY:
AURA C. MARINO
Assistant City Attorney
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June 28, 1994
EXHIBIT "A"
Conditions of Approval
General Plan Amendment 2-94, Segment VII
Zone Change 5563
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 the issuance of a building permit within the project area, the Kern High School District
and Panama-Buena Vista School District must be paid the amount of $3.65 per square foot of
assessable space (as defined in Section 65995 of the Government Code) for each residence for the
purpose of providing school facilities. This amount will increase in even-numbered years
according to the adjustment for inflation determined by the State Allocation Board for Class B
construction at its January meeting, which increase will be effective as of the date of that meeting.
This payment will not be required if the Kern High School District has certified in writing that
alternative mitigation measures have been undertaken with respect to the project to adequately
address school overcrowding. (Mitigation)
Prior to approval of any land division or building permit application, an archaeological survey
must be completed by the developer. Any mitigation resulting from the report shall be
implemented by the developer prior to recordation of any land division or application for any
building permit. (Mitigation)
Traffic Division Mitil~ation Measures
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 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 Akers Rd
*Panama Ln at SB SR 99
*Panama Ln at NB SR 99
Wible Rd at Harris Rd
Wible Rd at Hosking Ave
$ 1,560.00
$ 1,800.00
$ 1,500.00
$ 3,510.00
$ 1,560.00
$ 9,930.00
(1.2% of $130,000.00)
(1.2% of $150,000.00)
(1.0% of $150,000.00)
(2.7% of $130,000.00)
(1.2% 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 of State Route 99.
Based on an estimated cost of $1,800,000.00 and a project share of *1.2%, the project's
proportionate share of the cost is $21,600.00.
Upon further subdivision or development, the developer shall pay to the City a fee for his
proportionate share of the cost of widening the Wible Road crossing of the Arvin-Edison Canal.
Based on an estimated cost of $300,000.00 and a project share of *03%, the project's
proportionate share of the cost is $900.00.
NOTE: * indicates adjustments have been made on these items to account for the Regional
Transportation Impact Fee's contribution towards the item.
Exhibit "A"
General Plan Amendment 2-94, Seg. VII
Zone Change No. 5563
Page 2
The traffic study and resulting impacts identified in items 4., 5. and 6. above are based on a
residential density of 256 multi-family units, while the land use proposed could allow more or less
residential units. The fee per residential unit is $126.68. Should an increase of more than 5% in
the residential units be proposed for any specific project within the GPA area, then a review and
possible revision to the traffic study shall be required at tentative map submittal or at the time of
site plan review. Otherwise, the fee of $126.68 per dwelling unit will be maintained even if the
residential units that are finally created are less than, or no more than 5 % greater than that
proposed so that proportionate local traffic mitigation will be achieved.
Offers of dedication will be required to allow for the construction of the entire portion of 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.
With the first development within the project area, the west side (southbound) of Wible Road and
a minimum of one lane on the east side (northbound) of Wible Road shall be constructed.
Construction shall include street pavement, curb and gutter, and sidewalk, with paved transitions
approved by the City Engineer where the construction on Wible Road meets existing pavement.
The Developer may either construct the median island in Wible Road or pay the proportionate
cost to the City for its construction.
10.
Wible Road is a future bikeway on the "Bikeway Master Plan" of the 2010 General Plan and shall
be constructed as required by the 2010 General Plan for arterial streets with bike lanes.
11.
'Ihe 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.
~Ihe 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.
12.
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.
'Ihe sewerage study shall be submitted to and approved by the City Engineer prior to recording of
any subdivision map or ccrfificatc of compliance or submittal of any development plan within the
project area.
13.
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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Ill
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CITY OF BAKERSFIELD
ZONING MAP 1£3-26
SEC. 26
LEGEND
EXHIBIT C
LEGAL DESCRIPTION
BEING A PORTION OF THE NORTHEAST ¼ OF THE NORTHEAST ¼ OF SECTION 26,
TOWNSHIP 30 SOUTH, RANGE 27 EAST, MOUNT DIABLO BASE AND MERIDIAN
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF PARCEL 2 OF PARCEL MAP NO.
3380 AS RECORDED IN BOOK 15 OF PARCEL MAPS AT PAGE 181 IN THE OFFICE OF
THE KERN COUNTY RECORDER, SAID CORNER BEING ON THE EAST LINE OF SAID
SECTION 26, 659.252 FEET DISTANT THEREON SOUTHERLY FROM THE NORTHEAST
CORNER THEREOF, SAID CORNER ALSO BEING THE TRUE POINT OF BEGINNING
FOR THIS DESCRIPTION:
THENCE WESTERLY ALONG THE SOUTH LINE OF PARCEL MAP NO. 3380 AND THE
SOUTH LINE OF THE SOUTH *A OF THE NORTHEAST ¼ OF THE NORTHEAST ¼ OF
SAID SECTION 26, NORTH 89° 08' 42.1" EAST A DISTANCE OF 1321.986 FEET TO A
POINT ON THE WEST LINE OF THE NORTHEAST ¼ OF THE NORTHEAST ¼ OF SAID
SECTION 26; THENCE SOUTHERLY ALONG THE WEST LINE OF THE NORTH~,AST
¼ OF THE NORTHEAST ¼ OF SAID SECTION 26, SOUTH 00° 35' 35' WEST A
DISTANCE OF 659.233 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH ~,~ OF
THE NORTHEAST ¼ OF SAID SECTION 26 AND THE NORTH RIGHT-OF-WAY LINE
OF THE ARVIN-EDISON CANAL; THENCE EASTERLY ALONG THE SOUTH LINE OF
THE NORTHEAST ¼ OF THE NORTHEAST ¼ OF SAID SECTION 26 AND THE NORTH
RIGHT-OF-WAY LINE OF THE ARVIN-EDISON CANAL, SOUTH 89° 08' 39.1" EAST A
DISTANCE OF 1321.979 FEET TO THE SOUTHEAST CORNER OF THE NORTHI~,AST ¼
OF THE NORTHEAST ¼ OF SAID SECTION 26 AND THE CENTERLINE OF WIBLE
ROAD 60.00 FEET WIDE; THENCE NORTHERLY ALONG THE EAST LINE OF THE
NORTHEAST ¼ OF THE NORTHEAST ¼ OF SAID SECTION 26 AND THE CENTERLINE
OF WIBLE ROAD 60.00 FEET WIDE; NORTH 00° 35' 42.3" EAST A DISTANCE OF
659.252 FEET TO THE SOUTHEAST CORNER OF PARCEL 2 OF PARCEL MAP NO. 3380
AND THE SOUTHI~AST CORNER OF THE NORTH ~ OF THE NORTHEAST ¼ OF THE
NORTHEAST ¼ OF SAID SECTION 26 AND THE TRUE POINT OF BEGINNING FOR
THE DESCRIPTION.
CONTAINING 20 ACRES.
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
)
County of Kern )
S$.
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 12th day of September,
1994 she posted on the Bulletin Board at City Hall, a full, true
and correct copy of the following: Ordinance No. 3606,
the Bakersfield City Council at a meeting held on the
September, 1994, and entitled:
passed by
7th day of
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP 123-
26 BY CHANGING THE ZONING OF 20 +\- ACRES
GENERALLY LOCATED WEST OF WIBLE ROAD
APPROXIMATELY 700 FEET SOUTH OF PANAMA LANE
FROM R-1 (ONE FAMILY DWELLING) ZONE TO R-2
(LIMITED MULTIPLE FAMILY DWELLING, ONE
DWELLING UNIT PER 2,500 SQ.FT.) ZONE
By:
/s/ CAROL WILLIAMS
City Clerk of the City of Bakersfield
DEPUTY City CYe~~