HomeMy WebLinkAboutORD NO 3621ORDINANCE NO. 3 6 2 1
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND ZONING
MAP 123-25 BY CHANGING THE ZONING OF 6.27
ACRES GENERALLY LOCATED EAST OF WIBLE ROAD
AND NORTH OF BERKSHIRE ROAD FROM A ONE
FAMILY DWELLING TO A NEIGHBORHOOD
COMMERCIAL 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 northeast of Wible Road and Berkshire
Road; and
WHEREAS, by Resolution No. 52-94 on September 15, 1994, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of
the Municipal Code to approve C-1 (Neighborhood Commercial) on 6.27 _+ acres as
delineated on attached Zoning Map No. 123-25 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) to C-1 (Neighborhood 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 and
posted on July 29, 1994, 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.
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 C-1.
5. The proposed C-1 (Neighborhood Commercial) zoning designation
is consistent with the Metropolitan Bakersfield 2010 General Plan, with the approval of
GPA 3-94, Segment IX.
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. 123-25 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" and subject to approval of GPA 3-94, Segment
IX.
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 .........
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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
I~l~l~ 1 & ~ , by the following vote:
AYES: COUNCILMEMBERS DEMOND, CAI%SON,
NOES: COUNCILMEMBERS NONE
ABSTAIN: COUNCILMEMBERS NONE
ABSENT: COUNCILMEMBErS MCDERMOTT
SMI~4, ~X~K~'~, ROWLES ..... , SALVAGGIO
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED BEC 141~
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY SKOUSEN
CITY ATTORNEY
LAURA C. MARINO
ASSISTANT CITY ATTORNEY
MO:pjt
October 6, 1994
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EXHIBIT "A"
General Plan Amendment 3-94, Segment IX
Zone Change No. 5585
Conditions of Approval
Planning, Department:
Habitat 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 ImplementationjManagementAgreement (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/Management Agreement Section 3.1.4).
Prior to approval of land division or development proposal, an archaeological survey must be
completed. Any mitigation resulting from such report shall be implemented prior to recordation
of the land division map or development approval.
Public Works Department:
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
Harris Rd at Wible Rd
Berkshire Rd at Wible Rd
Hosking Ave at Wible Rd
$ 3,120.00
$ 1,200.00
$ 1,200.00
$ 5,850.00
$ 18,070.00
$ 14,820.00
$ 44,260.00
(2.4% of $130,000.00)
(0.8% of $150,000.00)
(0.8% of $150,000.00)
(4.5% of $130,000.00)
(13.9% of $130,000.00)
(11.4% 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 following road segments:
Road Segment Project %
*Wible Rd crossing of A-E Canal 2.8%
*Panama Ln overcrossing of SR 99 0.8%
Total Cost Project Cost
$ 320,000.00 $ 8,960.00
$1,800,000.00 $14,400.00
TOTAL $23,360.00
The traffic study and resulting impacts identified in items 3. and 4. above are based on a
commercial square footage of 66,000 square feet (as stated in the traffic study), while the land use
proposed could allow more or less commercial square footage. The fee per commercial square
foot is $1.02 Should an increase of more than 5% in the commercial square footage be proposed
for any specific project within the GPA area, then a review and possible revision to the traffic
study shall be required at the time of site plan review. Otherwise, the fee of $1.02 per commercial
square foot will 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. , 9,4Q~
Exhibit "A"
GPA 3-94, Segment IX
Zone Change #5585
Page 2
10.
11.
12.
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. This study may be required to include areas
outside of the GPA area.
Offers of dedication will be required to allow for the construction of the entire portion within the
project area of Wible 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.
The applicant shah submit a comprehensive drainage study that shall include the entire GPA area
and may include areas outside of the GPA area. 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(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.
Wible Road shall be constructed as required by the 2010 General Plan for arterial streets with
bike lanes. Because of the bike lanes, additional dedication may be required at the intersection of
Wible Road and Berkshire Road for the installation of traffic signal facilities.
Paved transitions approved by the City Engineer will be required where new street construction on
Wible Road and Berkshire Road meet existing pavement.
With the first development within the project area, the east side (northbound) of Wible Road
shall be constructed. Construction shall include a full-width landscaped median island to restrict
left-turn movements across Wible Road to specific locations approved by the City Engineer, and a
minimum of one lane on the west side of Wible Road (southbound). Fees collected for this
median construction from development on the west side of Wible Road may be available to the
developer of the GPA area by the City as partial reimbursement of the median construction cost
upon completion of this median by the GPA area developer.
NOTE: * indicates adjustments have been made on these items to account for the Regional
Transportation Impact Fee's contribution towards the item.
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CITY OF BAKERSFtELD
ZONING MAP 123-25
SEC 25 I 3Os R 27£
LEGEND
EXttlBIT "C"
ZONE CHANGE 5585
Wible Road and Berkshire Road
Parcels 1 & 2 of Parcel Map 4385 recorded in Book 19, Page 105, located in the
West half of the Southwest quarter of the Northwest quarter of Section 25, Township
30 South, Range 27 East, Mount Diablo Base and Meridian.
Excluding the Westerly 55 feet and the Southerly 30 feet thereof, which are in the
right-of-ways of Wible Road and Berkshire Road.
Contains 4. 97 Acres(net)
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
)
County of Kern )
Ss.
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 19th day of December, 1994
she posted on the Bulletin Board at City Hall, a full, true and
correct copy of the following:
Bakersfield City Council at a
December, 1994, and entitled:
Ordinance No. 3621, passed by the
meeting held on the 14th day of
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO.
123-25 BY CHANGING THE ZONING OF 6.27 ACRES
GENERALLY LOCATED EAST OF WIBLE ROAD AND NORTH
OF BERKSHIRE ROAD FROM A ONE FAMILY DWELLING
TO A NIEGHBORHOOD COMMERCIAL ZONE
By:
/s/ CAROL WILLIAMS
City Clerk of the City of Bakersfield