HomeMy WebLinkAboutORD NO 3644ORDINANCE NO. 8 6 4 4
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND ZONING
.MAP NOS. 123-17 AND 123-18 BY CHANGING THE
ZONING OF 70.99 ACRES GENERALLY LOCATED AT
THE SOUTIONEST CORNER OF OLD RIVER ROAD AND
THE EXTENSION OF CAMPUS PARK DRIVE FROM AN
A (AGRICULTURE) ZONE TO AN R-1 (ONE FAMILY
DWELLING) ZONE ON 60.18 ACRES AND AN R-2
(LIMITED MULTIPLE FAMILY DWELLING) ZONE ON
10.81 ACRES.
WHEREAS, in accordance with the procedure set forth in the provisions of
Title 17 of the Municipal Code of the City of Bake~sfie~l, 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 southwest corner of Old River Road
and the extension of Campus Park Drive; and
WHEREAS, by Resolution No. 8-95 on January 19, 1995, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of
the Municipal Code to approve zone change of the subject property from an A
(Agriculture) zone to an R-1 (One Family Dwelling) zone on 60.18 acres and an R-2
(Limited Multiple Family Dwelling) zone on 10.81 acres as delineated on attached
Zoning Map Nos. 123-17 and 123-18 ma.rked Exhibit "A", 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
(Agriculture) zone to an R-1 (One Family Dwelling) zone on 60.18 acres and an R-2
(Limited Multiple Family Dwelling) zone on 10.81 acres 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 Bakersfietd'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 December 7. 1994. in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows residential
development: and
WHEREAS. the City. Council has considered and herebv makes the
following findings:
1. All required public notices have been given.
The provisions of CEQA have been followed.
3. The proposed zone change is consistent with the Metropolitan
Bakersfield 2010 General Plan.
4. Based on an initial study, staff determined the proposed project will
not significantly effect the physical environment in the area and issuing a Negative
Declaration with mitigation is adequate.
5. Conditions of approval attached to the project as shown in Exhibit
"C", are included in the project to provide mitigation for potential impacts on kit fox
habitat, project-related traffic impacts and school impacts.
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 Nos. 123-17 and 123-18 marked Exhibit "A" attached hereto and made a part
hereof, and are more specifically described in attached Exhibit "B".
4. Such zone change is hereby made subject to the conditions of
approval listed in attached Exhibit "C".
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.
......... O0O .........
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
APR I 9 lq~5 , by the following vote:
AYES; COUNCIIMEM3ER DgMONO, CARSON, SMITH, McDERMOTT, ROWLES, Old~/, SALVAGGIO
NOES: COUNCILMEMS~ K~Q
ABSTAIN: COUNCILM~dBER ~
ABSEN~ COUNCILMEMBER O.~O~j~
Assistant CITY CLERK and Ex O~c~.o C of the
Council of the City of Bakersfield
APPROVED
APR 1 9 1~q5
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY SKOUSEN
CITY AnlTORNEY
ASSISTANT CITY ATTORNEY
DR:pit
January 26, 1995
res\o5596.cc
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ZONING MAP 1,_'~ I/
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ZONING MAP 12b i~
I of 2
EXHIBIT "B"
Zone Change No. 5596
Legal Description
PARCEL A - R-l SITE
All that portion of the southwest quarter of Secuon 17 and the southeast quarter of
Section 18, T 30 S, R 27 E, M.D.M.. in the City of Bakersfield, County of Kern,
State of Califorma. described as follows:
Commencing at the east quarter corner of said Secaon 18: Thence S. 00° 59' 01" W.
along the east line of satd north half of the southeast quarter a distance of 98.57 feet to
a point of intersection with a 1510.65 foot radius tangent curve. concave to the North
from which point the center of stud curve hears N. 00° 59' 01" E., said point being the
true point of beginning and on the centerline of Campus Park Drive as described in
street right of way deed to City of Bakersfield recorded in Book 5853, page 1597 and
1598 of Official Records; thence continuing Westerly along said centerline and curve
through a central angle of 09° 45' 27" an arc distance of 257.26 feet: thence N. 79°
15' 32" W. along said centerline a distance of 468.55 feet to the beginning of a
2000.00 foot radius tangent curve concave to the South; thence Westerly along said
center line and curve through a central angle of 16° 32' 17" an arc distance of 577.29
feet: thence S. 84° 12' 11" W. along stud centerline a distance of 404.91 feet to the
beginning of a 2000.00 foot radius tangent curve concave to the North: thence Westerly
along said centerline and curve through a central angle of 04° 42' 11" an are distance
of 164.16 feet: thence departing from said centerline S. 00° 46' 18" W.. 636.83 feet:
thence N. 89° 03' 5Y' W., 779.25 feet to the West line of stud North half of Southeast
quarter: thence S. {3t3° 55' 44" W. along said West line a distance of 650.18 feet to the
South line of stud north half of southeast quarter; thence S. 89° IY 11" E. alortg stud
South line a distance of 1636.63 feet to a point in the Westerly right of way of the
Buena Vista Canal: thence N. 63° 51' 28" E. along said Westerly fight of way a
distance of 1130.70 feet: thence departing from said Westerly line S. 89° 01' 07" E.,
A distance of 155.01 feet to a point on the centerline of Old River Road: thence N. 00°
58' 51" E. along the centerline of Old River Road a distance of 433.22 feet to the
centerline of Campus Park Drive: thence N. 89° 01' 04" W. along the centerline of
Campus Park Drive a distance of 154.96 feet to the point of beginning.
Continning 60.18 acres.
2 of 2
EXHIBIT "B"
Zone Change No. 5596
Legal Description
PARCEL B - R-2 SITE
All that portion of the southwest quarter of Section 17 and the southeast quarter of
Section 18, T 30 S., R 27 E., M.D.M., in the City of Bakersfield, County of Kern,
State of California, described as follows:
Commencing at the east quarter comer of said Section 18; thence S. 00° 59' 01" W.,
along the east line of said north half of the southeast quarter a distance of 531.79 feet
to the true point of beginning; thence deparung from said east line S. 89° 01' 07" E. a
distance of 155.01 feet to a point on the centerline of Old River Road; thence S. 00°
58' 51" W. along lhe centerline of Old River Road a distance of 89.47 feet to the
beginning of a 2000.00 foot radius tangent curve concave to the west; thence southerly
along said centerline and curve through a central angle at 10° 16' 14" an are length of
358.51 feet; thence S. 10° 54' 01" W. along said centerline a distance of 360.56 feet to
a point on the easterly prolongation of the south line of the north half of the southeast
quarter of said Section 18; thence N. 89° 13' ll" W., along said prolongation and
south line a distance of 1061.29 feet to a point on the westerly right-of-way of the
Buena Vista Canal: thence N. 63° 51' 28" E., along stud westerly right-of-way a
distance of 147.37 feet: thence N. 51° 03' 20" E., along stud right-or:way a distance
of 1130.70 feet: to the point of beginning.
Containing 10.81 acres
OR~GI;-L-t L
EXHIBIT "C"
Zone Change No. 5596
Conditions of Approval
Permits and approvals for development associatedwith this project will be subject to the terms of the
Metropolitan Bakersfield Habitat Conservation Plan and associated 10(a)(l)(B) and 2081 permits
issued to the City by the U.S. Irish and Wildlife Service and State Department of Fish and Game,
respectively. Terms of the permit require applicants for development projects to pay habitat
mitigation fees, excavate known kit fox dens and notify agencies prior to grading. The Metropolitan
Bakersfield Habitat Conservation Plan may be reviewed at the following location: City of Bakersfield,
Planning Department, 1715 Chester Avenue, 2nd Floor, Bakersfield, CA 93301, (805) 326-3733.
Traffic Mitigation:
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 impacted from the proposed project.
The signals and the developer's proportionate share are as follows:
White Ln at Saddle Dr
White Ln at Parkview Dr
Ming Ave at Haggin Oaks
Old River at Campus Park
$ 9,100.00
$ 2,080.00
$ 260.00
$ 24,960.00
$ 36,400.00
(7.0% of $130,000.00)
(1.6% of $130,000.00)
(0.2% of $130,000.00)
(19.2% 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 constructing the following railroad crossings. The fee shall be paid
at the time of issuance of the building permit:
Railroad Crossin~ Project %
*Old River Crossing of the Sunset Spur 0.9%*
Total Cost Proiect Cost
$100,000.00 $900.00*
TOTAL $900.00
The traffic study and resulting impacts identified in items 2. and 3. above are based on 180 R-1 and
156 R-2 residential units (as stated in the traffic study), while the zoning proposed could allow more
or less residential units. The fee per R-1 unit is $163.71 and the fee per R-2 unit is $50.21. Should
an increase of more than 5% in the amount of residential units be proposed for any specific project
within the zone change area, then a review and possible revision to the traffic study shall be required
at the time of site plan review or tentative map submittal. Otherwise, the fees of $163.7 l per R-1 unit
and $50.21 per R-2 unit will be maintained even if the number of residential units that are finally
created is less than, or no more than 5 % greater than that proposed so that proportionate local
traffic mitigation will be achieved.
With the first development or subdivision within the zone change area, a comprehensive drainage
study having boundaries of the zone change area including the school site at the southwest corner of
Campus Park Drive and Mountain Vista Drive shall be submitted. '/he 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.
Exhibit "C"
Zone Change 5596
Page 2
Schools
10.
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.
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 zone change 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, shah
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 Campus Park Drive and Mountain Vista Drive 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
prior to development or recordation of any subdivision map or certificate of compliance within the
zone change area.
Campus Park Drive shall be constructed in a maximum of three segments adjacent to the project.
Old River Road shall have a 96' curb to curb standard as required for arterial streets with bike lanes
in the circulation element of the 2010 General Plan.
Mitigation:
Prior to the issuance of a building permit within the project area, the Kern High School District and
the Panama-Buena Vista Union School District must be paid the amount of $3.80 per square foot of
assessable space (as that term is defined in Government Code Section 65995) 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 as its January meeting, which increase will be effective as of the date of that meeting.
This payment will not be required if each of the Districts has certified in writing that alternative
mitigation measures have been undertaken with respect to the project to adequately address school
overcrowding.
p:5596.ea
ORIGINAL
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 24th day of April, 1995
she posted on the Bulletin Board at City Hall, a full, true and
correct copy of the following: Ordinance No. 3644, passed by the
Bakersfield City Council at a meeting held on the 19th day of
April, 1995, and entitled:
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NOS.
123-17 AND 123-18 BY CHANGING THE ZONING OF
70.99 ACRES GENERALLY LOCATED AT THE SOUTHWEST
CORNER OF WOLD RIVER ROAD AND THE EXTENSION OF
CAMPUS PARK DRIVE FROMAN A (AGRICULTURE) ZONE
TO AN R-1 (ONE FAMILY DWELLING) ZONE ON 60.18
ACRES AND AN R-2 (LIMITED MULTIPLE FAMILY
DWELLING) ZONE ON 10.81 ACRES
By:
/s/ CAROL WILLIAMS
City Clerk of the City of Bakersfield