HomeMy WebLinkAboutORD NO 3649ORDINANCE NO. ~ 6 ~ 9
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND ZONING
MAP 101-13 BY CHANGING THE ZONING OF 7.88
ACRES GENERALLY LOCATED AT THE NORTHWEST
CORNER OF JEWETTA AVENUE AND HAGEMAN ROAD.
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 at the northwest corner of Jewetta Avenue
and Hageman Road; and
WHEREAS, by Resolution No. 21-95 on March 16, 1995, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of
the Municipal Code to approve a change from Neighborhood Commercial to Limited
Multiple Family Dwelling zoning 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
Neighborhood Commercial to Limited Multiple Family Dwelling 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 measures was
advertised and posted on February 10, 1995, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows High Medium
Density 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.
environment.
The proposed project will not have a significant effect on.
4. Conditions of approval as shown in Exhibit "A" are included in the
project to mitigate impacts.
5. The proposed zoning category is compatible with existing
surrounding zoning and land uses.
6. Future development will be subject to the provisions and standards
of the Master Multi-Purpose Trail Plan as adopted within the Polo Grounds project.
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 1-95, Segment I.
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 ........
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I HEREBY CERTIFY that the foregoing Resolution was passed and
adopted by the Council of the City of Bakersfield at a regular meeting thereof held on
JUN ~. 4 1~ , by the following vote:
AYES; COUNCtLM£MBER DeMOND, CARSON, SMITH, McDERMO'I-r, I::I~I~IL~~, CHOW, SALVAGGIO
NOES: COUNCIUv;E~ER
ABSTAIN: COUr,I.,
ABSENT: COUNCtLk~EMBER
AssistantCiTY CLERK and Ex omcio (~rk of the
Council of the City of Bakersfield
Jl~ 1. '~ 'B~
APPROVED
5~)A!~((~~ofE~th~ee C//~iity o)/'-'f Bakersfield
APPROVED as to form:
JUDY SKOUSEN
CITY ATTORNEY
Assistant City Attorney
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May 23, 1995
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EXHIBIT "A"
Conditions of Approval
General Plan Amendment 1-95, Segment I
Zone Change No. 5612
Upon future development (building permit), this site will be responsible for its proportionate share of the traffic
mitigation measures identified in the Polo Grounds traffic study. Development of this GPA area will be limited to
the amount of traffic generation proposed in the Polo Grounds traffic study. Otherwise, a revision to the Polo
Grounds study or the submission of a new local traffic mitigation study will be required to address the change in
traffic generation.
No access point shall be allowed along Jewetta Avenue from the beginning of the right turn bay taper for
Hageman Road south to Hageman Road.
A right turn deceleration lane shall be provided to the main entrances along both Hageman Road and Jewetta
Avenue. Each main access may be allowed a left turn in but no left turn out, provided said left turn in will
physically fit in relationship to other turn lanes.
The nearest access point allowed along Hageman Road shall be at least 150 feet from its center to the end of the
curb return at Jewetta Avenue.
A copy of a recorded covenant by the property owner precluding multi-family residential from the area of
Tentative Tract 5728 must be submitted to the Development Services Department prior to final adoption of the
ordinance effectuating Zone Change 5612. The covenant will be recorded prior to the adoption of the ordinance.
Prior to issuance of a building permit within the project area, the Kern High School District must be paid the
amount of $1.33 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. If, however, the applicant complies with Condition
No. 5, so that the number of residences which could otherwise be constructed in Tentative Tract 5728 is reduced
by 70, the amount to be paid will be $.90 instead of $1.33. Each of these amounts 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. 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.
An archaeological survey is required to be performed in accordance with the guidelines of the California
Archaeological Inventory at Cal State Bakersfield. Any mitigation resulting from this study shall be completed
prior to the issuance of any building permit. Proof of such compliance is to be submitted to the Development
Services Department.
Traffic to and from the apartment development shall not pass through the area to be developed as single family
(access onto Jewetta and Hageman only).
For incremental units over the approved EIR in the Polo Grounds, applicant shall pay the City of Bakersfield park
development fees to the North Bakersfield Parks and Recreation District prior to the issuance of any building
permit on the property site. Proof of such payment must be submitted by the developer to the City of Bakersfield
Building Inspection Department.
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CITY OF BAKERSFIELD
ZONING MAP 101-13
SEC I:~ ~295 R 26E
LEGEND
LEGAL DESCRIPTION FOR ZONE CHANGE NO. 5612
C-1 TO R-2
Commencing at the southeast corner of Section 13, Township 29
South, Range 26 East, M.D.B. & M., said point being the
centerline intersection of Jewetta Avenue and Hageman Road.
THENCE North 89'07'46" West along the south line of Section 13
and the centerline of Hageman Road, a distance of 644.84 feet;
THENCE North 00'52'02" East, a distance of 56.14 feet to a
point on the north right of way line of Hageman Road and the
TRUE POINT OF BEGINNING;
THENCE departing from said north right of way line, North
00'52'02" East, a distance of 589.76 feet;
THENCE South 89'07'58" East, a distance of 588.72 feet to a
point on the west right of way line of Jewetta Avenue;
THENCE South 01'44'07" West along said west right of way line,
a distance of 255.97 feet;
THENCE South 00'52'02" West, along said west line, a distance
of 300.00 feet;
THENCE South 45'52'08" West, a distance of 42.43 feet to a
point on the north right of way line of Hageman Road;
THENCE North 89'07'46" West, along said north right of way
line, a distance of 300.00 feet;
THENCE North 89'59'51" West, along said north right of way
line, a distance of 254.87 feet to the TRUE POINT OF
BEGINNING.
Containing 7.88 Acres (net).
F:ZC031595
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
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 7th day of July, 1995 she
posted on the Bulletin Board at City Hall, a full, true and correct
copy of the following: Ordinance No. 3649, passed by the
Bakersfield City Council at a meeting held on the 14th day of June,
1995, and entitled:
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP 101-
13 BY CHANGING THE ZONING OF 7.88 ACRES
GENERALLY LOCATED AT THE NORTHWEST CORNER OF
JEWETTA AVENUE AND HAGEMAN ROAD
By:
/s/ CAROL WILLIAMS
City Clerk of the City of Bakersfield
DEPUTY ~it~ Clerk