HomeMy WebLinkAboutORD NO 3620ORDINANCE NO. 3 6 2 0
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND ZONING
MAP 101-13 BY CHANGING THE ZONING OF 95.91
ACRES GENERALLY LOCATED NORTH OF NORIEGA
ROAD TO REINA ROAD, WEST OF JEWETTA AVENUE
FROM AN AGRICULTURE TO A ONE FAMILY
DWELLING 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 north of Noriega Road to Reina Road, west
of Jewetta Avenue; and
WHEREAS, by Resolution No. 50-94 on September 15, 1994, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of
the Municipal Code to approve R-1 (One Family Dwelling) as delineated on attached
Zoning Map No. 101-13 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 an A-20A
(Agriculture-20 acre minimum) to an R-1 (One Family Dwelling) 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 July 29, 1994, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows single family
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 July 29, 1994, in accordance with CEQA.
4. The public necessity, general welfare and good zoning practice
justify the change of zone to R-1.
5. The proposed R-1 (One Family Dwelling) zoning designation is
consistent with the Metropolitan Bakersfield 2010 General Plan, with the approval of
GPA 3-94, Segment V.
SECTION 1.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
Bakersfield as follows:
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. 101-13 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", subject to approval of GPA 3-94, Segment V.
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.
......... O00 .........
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
BIt 1 4 l~ , by the following vote:
AYES: OOUNCILMEMBERS DE~DND, CARSON, SMITH,
NOES: OOUNCILME~3ERS NONE
ABSTAIN: COUNCILMEMBEI~S NONE
ABSENT: COUNC I Lg~2/~3EBS MCDERM(Yi~
ROWLES3 ...... , SALVAGGIO
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
BOB
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY SKOUSEN
CITY ATTORNEY
LAURA C. MARINO
ASSISTANT CITY ATTORNEY
MO:pjt
October 4, 1994
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EXHIBIT "A"
General Plan Amendment 3-94, Segment V
Zone Change No. 5580
Conditions of Approval
Planning Department:
ttabitat Conservation fees for this project will be calculated based on the fee in effect at the time
payable to the Planning Department prior to issuance of an urban development permit (includes
grading plan approvals) as defined in the Implementation/ManagementAgreement (Section 2.21)
for the Metropolitan Bakersfield Habitat Conservation Plan. Upon payment of fees, applicant will
receive acknowledgement of compliance with Metropolitan Bakersfield Habitat Conservation Plan
(Implementation/ManagementAgreement Section 3.1.4).
Prior to the issuance of a building permit within the project area, the Kern High School District
must be paid the amount of $1.35 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. Prior to issuance of a building permit within the
project area, the Rosedale Union School District must be paid the amount of $6,254.64 for each
residence for the purpose of providing school facilities or such higher amount that is then equal to
such higher amount that may have been lawfully established by RNR Community Facilities
District Number 1 as the amount required to repay its Single Payment and Annual Special Taxes.
Payment will not be required if the District has certified in writing that alternative mitigation
rneasures have been undertaken with respect to the project to adequately address school
overcrowding.
Public Works Del~artment:
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:
Hageman Rd at Verdugo Ln $ 6,370.00
Snow Rd at Allen Rd $ 5,200.00
Kratzmeyer Rd at Allen Rd $ 6,500.00
Kratzmeyer Rd at Jewetta Ave $ 11,700.00
Reina Rd at Allen Rd $ 11,700.00
Reina Rd at Old Farm Rd $ 18,200.00
Reina Rd at Jewetta Ave $ 18,200.00
Noriega Rd at Allen Rd $ 7,800.00
Noriega Rd at Old Farm Rd $ 23,400.00
Noriega Rd at Jewetta Ave $ 11,700.00
Noriega Rd at Verdugo Ln $ 7,800.00
*Hageman Rd at Allen Rd $ 3,250.00
Hageman Rd at Old Farm Rd $ 16,900.00
*Hageman Rd at Jewetta Ave $ 6,~0a an
$ 155,220.00
4.9% of $130,000.00)
4.0% of $130,000.00)
5.0% of $130,000.00)
9.0% of $130,000.00)
9.0% of $130,000.00)
14.0% of $130,000.00)
'14.0% of $130,000.00)
'6.0% of $130,000.00)
'18.0% of $130,000.00)
9.0% of $130,000.00)
6.0% of $130,000.00)
2.5% of $130,000.00)
13.0% of $130,000.00)
5.0% of $130,000.00)
Exhibit "A"
GPA 3-94, Segment V
Zone Change No. 5580
Page 2
Upon further subdivision or development, the developer shall pay to the City a fee for his
proportionate share of the cost of constructing the railroad grade separation of Hageman Road at
the Santa Fe Railroad:
Railroad Sel~aration Proiect %
Hageman Rd at Santa Fe Mainline 1.0%
Total Local Cost
$600,000.00
Project Cost
$6,000.OO
NOTE: The total local cost is the local share of the construction only, not the total cost of construction.
The traffic study and resulting impacts identified in items 3. and 4. above are based on a
residential density of 500 single family units (as stated in the traffic study), while the land use
proposed could allow more or less residential units. The fee per residential unit is $322.44.
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. Otherwise, the fee of $322.44 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.
NOTE: * indicates adjustments have been made on these items to account for the Regional
Transportation Impact Fee's contribution towards the item.
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 shall be
submitted to and approved by the City Engineer. The boundary of the study shall also be
approved by the City Engineer and may include areas outside the boundary of the General Plan
Amendment area.
If a new pump station is proposed to provide service for this development in place of feasible
gravity sewers, 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 Reina Road, Old Farm Road and Noriega 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 if deemed necessary by the City Engineer prior to development or
recordation of any subdivision map or certificate of compliance within the GPA area.
Exhibit "A"
GPA 3-94, Segment V
Zone Change No. 5580
Page 3
10.
11.
12.
Reina Road shall be constructed in a maximum of two segments adjacent to the project. Noriega
Road shall be constructed in a maximum of one segment adjacent to the project. Old Farm Road
shall be constructed in a maximum of three segments adjacent to the project.
The applicant shall submit a comprehensive drainage study that shall have the boundaries of Allen
Road, Reina Road, Noriega Road, and Old Farm Road. 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 drainage basin should be located along the western edge
of the GPA area and should be approximately half-way between Reina Road and Noriega Road to
allow future expansion of the basin for the properties to the west. Final location of the drainage
basin will be subject to the City Engineer's approval based on the comprehensive drainage study.
The applicant shall initiate proceedings to form a Planned Drainage Area if necessary to facilitate
construction of the drainage system(s).
The drainage study shall be submitted to and approved by the City Engineer and 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 plan within the
project area.
Paved transitions approved by the City Engineer will be required where new street construction on
Reina Road and Noriega Road meet existing pavement.
If, prior to recordation of a tract map or a phase of a tract map, evidence is presented to the
Public Works Director that roads assumed in the traffic study to be constructed by others have not
yet been constructed and that the tract or phase of a tract proposed for recording would
significantly impact these roads, then the tract map or phase of the tract map will not be
processed for recording until these roads are constructed.
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CITY OF OA)<ERSFIELD
ZONING MAP 101-13
SEC I;~ T~95 R 26E
LEGEND
EXHIBIT "C"
Legal Description
Zone Change No. 5580
Lots 5, 6, 7, 11 and 12 in Section 13, Township 29 South, Range 26 East, M.D.B.&M. in
the County of Kern, State of California, according to the Sales Map of Lands of Kern
County Land Co. of said section, recorded November 24, 1891, in the office of the
County Recorder of said County; together with all that portion of vacated County Road
No. 715, (Rese Road), adjoining Lots 5 and 12 on the East, vacated by Order of the
Board of Supervisors of the County of Kern on November 12, 1957; a certified copy of
said resolution having been recorded November 14, 1957, in Book 2868, page 496 of
Official Records.
95.91 _ net acres.
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SSo
County of Kern )
CAROiL 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 19th day of December, 1994
she posted on the Bulletin Board at City Hall, a full, true and
correct copy of the following: Ordinance No.
Bakersfield City Council at a meeting held
December, 1994, and entitled:
3620, passed by the
on the 14th day of
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO.
101-13 BY CHANGING THE ZONING OF 95.91 ACRES
GENERALLY LOCATED NORTH OF NORIEGA ROAD TO
REINA ROAD, WEST OF JEWETTA AVENUE FROM AN
AGRICULTURE TO A ONE FAMILY DWELLING ZONE
By:
/s/ CAROL WILLIAMS
City Clerk of the City of Bakersfield
DEPUTY C.~y ~±er~