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Home My WebLink AboutORD NO 3651ORDINANCE NO. ~.5 ~ AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP 124-30 BY CHANGING THE ZONING OF 6.8 ACRES GENERALLY LOCATED ALONG THE SOUTHWEST CORNER OF SOUTH UNION AVENUE AND PANAMA LANE FROM A C-2 (REGIONAL COMMERCIAL) TO AN R-1 (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 along the southwest corner of South Union Avenue and Panama Lane; and WHEREAS, by Resolution No. 31-95 on April 20, 1995, 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. 124-30 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 C-2 (Regional Commercial) zoning to R-1 (One Family Dwelling) zoning 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 was advertised and posted on March 20, 1995, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows residential and 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. The proposed project will not have a significant effect on the environment. 5. The public necessity and general welfare justify the change of the zoning district to R-1. 6. The public necessity and general welfare justify the housing need for moderate income families. 7. The public necessity and general welfare justify creation of a commercial site of less than five acres. 8. Housing for moderate income families is supported by policies of the Housing Element of the general plan. 9. The proposed amendment of the Zoning Ordinance is compatible with existing zoning districts adjacent to the subject site. subject site. 10. Single-family housing is compatible with land uses adjacent to the 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. 124-30 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 @, Segment @. 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. 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 dtl~l I 4 Lq~ , by the following vote: AYES; COUNCILMEMBER DeMONO, CARSON, SMITH, McDERMOTr, R~, CHOW, SALVAGGIO NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED JUN 1 4 BOB PaJCE MAYOR of the City of Bakersfield APPROVED as to form: JUDY SKOUSEN CITY ATTORNEY ASSISTANT CITY ATFORNEY RED:pjt May 2, 1995 res\o195s7.cc EXHIBIT "A" General Plan Amendment 1-95, Segment VII Zone Change No. 5627 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 subdivision improvement plans or development plans, a study for providing that municipal sewer service shall be submitted to and approved by the City Engineer. The boundary of the study shall include the commercial area at the southwest corner of Panama Lane and Union Avenue, and the Tract 1348 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 amdysis of the operation and maintenanceover 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. Offers of dedication will be required to allow for the construction of the entire portion within the project area of Panama Lane and Union Avenue 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. Any proposed phasing of Panama Lane construction, if allowed, shall be approved by the City Engineer. The applicant shall submit a comprehensive drainage study that shall include the entire GPA area, the commercial area at the southwest corner of Panama Lane and Union Avenue, and the Tract 1348 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 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. Panama Lane shah be constructed as required by the 2010 General Plan for arterial streets with bike lanes. Because of the bike lanes, additional dedication shall be required at the intersection for the installation of traffic signal facilities. Paved transitions approved by the City Engineer will be required where new street construction on Panama Lane meets existing pavement. Traffic signal interconnect conduit and conductor shall be installed along the Panama Lane project frontage. p:195s7.ea M CITY OF' BAKERSFIELD ZONING MAP SEC 30 T 30s LEGENO 124 - 30 EXHIBIT LEGAL DESCRIPTION AREA TO BE DESIGNATED LMR AND ZONED R-1 Lots 1 and 2 of the BerKshire Farm Tract per of MaDs at Page 31 in the Office of the Kern excepting therefrom the North 384.00 feet of of said Lot 1. mad filed in Book County Recorder, the East 212.15 feet Containing 35.54 Acres, More or Less. RICKETT, DELMARTER & DEIFEL ~,/'Jarnes K. Delmarter RCE#17564/Exp. 6/30/97 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 16th day of June, 1995 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3651, 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 124- 30 BY CHANGING THE ZONING OF 6.8 ACRES GENERALLY LOCATED ALONG THE SOUTHWEST CORNER OF SOUTH UNION AVENUE AND PANAM LANE FROM A C- 2 (REGIONAL COMMERCIAL) TO AN R-1 (ONE FAMILY DWELLING) ZONE By: /s/ CAROL WILLIAMS City Clerk of the City of Bakersfield