HomeMy WebLinkAboutORD NO 3673ORDINANCE NO. 8 6 7 ~
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND ZONING
MAP 123-06 BY CHANGING THE ZONING OF 12 ACRES
GENERALLY LOCATED AT THE NORTHEAST CORNER
OF MING AVENUE AND GRAND LAKES AVENUE FROM
A LIMITED MULTIPLE FAMILY DWELLING ZONE TO A
ONE FAMILY DWELLING ZONE.
WHEREAS, in accordance with the procedure set forth in the provisions
Title 17 of the Municipal Code of the City of Bakersfield, the Planning Commission heKt
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 northeast corner of Ming Avenue and
Grand Lakes Avenue; and
WHEREAS, by Resolution No. 48-95 on June 15, 1995, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of
the Municipal Code to approve a change from R-2 (Multiple Family Dwelling) to R-1
(One Family Dwelling) as delineated on attached Zoning Map No. 123-06 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-2
(Multiple Family Dwelling) to R-1 (One 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 was advertised and posted on April 28,
1995, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows Low Density
Residential development; and
WHEREAS, the City Council has considered and hereby makes the
following findings:
1. All required public 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.
4. Conditions of approval as shown on Exhibit "A" are included in the
project to mitigate impacts.
5. The reconfiguration of the site proposed for higher density
residential development at the northeast corner of the project will provide for adequate
circulation access from Old River Road, an arterial route, without crossing adjacent land
area designated for Low Density Residential development and zoned R-1.
6. Deletion of the request for R-2 (Multiple Family Dwelling) zoning
for the reconfigured 18.9 acre site southwest of Stockdale Highway and Old River Road
will allow for the retention of R-1 zoning which is compatible with existing and future
development within this portion of the Seven Oaks community.
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. 123-06 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 2-95, 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 bygt~ Council of the City of Bakersfield at a regular meeting thereof held on
1 3 ~5 . by the following vote:
AYES: COUNCILMEMBER DeMOND, CARSON, SMITH, McDERMOTT, ROWt.f$, $ULLNAN, ~AL~AOOIO
NOES: COUNCILME~'~ER ~, ~.V~?---
ASSTArN: COUNCILIvtL~'~bF--~ (Xk (~/~/)
ABSENT: COUNCiLMEMBER '( \ LY \ ~
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED 8EP 1 3 ~J~
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY SKOUSEN
CITY ATTORNEY
CARL HERNANDEZ
DEPUTY CITY ATTORNEY
EXHIBIT "A"
Conditions of Approval
General Plan Amendment 2-95, Segment V
Zone Change 5634
The proposed park sites (designated OS-P, Open Space - Parks pursuant to this General Plan
Amendment) shall be granted by the developer to the City of Bakersfield in fee simple. The park
sites shah be improved to neighborhood park standards by the developer within one year of the
time that 25 per cent of the residential acreage within both Sections 6 and 7 (northerly and
southerly of Ming Avenue) is recorded as final subdivision maps. Improvements shall be in
conformance with those stipulated for neighborhood parks in the Parks Element of the
Metropolitan Bakersfield 2010 General Plan.
Public Works Del~artment:
The drainage study previously approved by the City Engineer that includes the GPA areas shall be
revised and reapproved by the City Engineer to reflect the changes in run-off resulting from the
changes in land use.
'II~e original local traffic mitigation for Section 6 which resulted from GPA 2-88, Segment V and
which was modified by GPA 2-92, Segment III, shall remain in effect for the GPA areas. As the
traffic generation from this General Plan Amendment actually results in less traffic than what is
currently approved, a reduction in the percentage shares for specific traffic signals not yet paid for
through the existing local traffic mitigation may be allowed provided calculations are submitted to
and approved by the City Engineer.
As the proposed northerly R-2 area appears to be accessed only through the R-1 area, and as the
applicant is also currently proposing the elimination of a nearby collector street with Segment VI
of this GPA cycle, a master circulation plan shall be submitted to and approved by the City
Engineer prior to submittal of any tentative maps or development plans within the area bounded
by Old River Road, Ming Avenue, Buena Vista Road, and the Kern River Canal.
As Public Works conditions for Segment VI require a local collector street circulation system
which shall provide substantially equivalent circulation as the existing collector street, the
proposed school site and northerly park site may need to be partially reconfigured to allow for this
circulation system. A knuckle at the northerly end of Grand Lakes Avenue will not be allowed.
Any accesses proposed to the LMR (R-2) area from Stockdale Highway or Old River Road shall
be constructed with right-turn deceleration lanes.
p:29585.ea (Pre£ared MJM- July 26~ 109511:02am
1
C-O
C-O
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CITY OF BAKERSFIELD
ZONING MAP 123-o6
SEC, 06 T3OS R27E
LEGEND
EXHIBIT "C"
Legal Description
Zone Change No. 5634
EXISTING R-2 IN SECTION 6, T.30S, R.27E., M.D.B.&M. TO R-l:
A PARCEL OF LAND IN THE SOUTH HALF OF SECTION 6, CITY OF BAKER~FII~I~,
COUNTY' OF KER}I, STATE OF C3I.rgORNIA, MOKE pARTICULARLY DIL~CRIBED A~
FOLLOWS:
COMMI~ICING AT THE SOUI'HEA~T CORN!gI~ OF SAID SEt-zION 6; THENCE NORTH
87'-a9'-40" ~ A DISTANCE OF 242~.62 ~'mat TO A POIIqT ON THE NORTH ROW
LINE OF MING AVI~IUE, SAID POINT BEIHO TI~ TRUE POINT OF BEG~IlqlNG:
THENCE CONTIl~IIN(} ALONG SAID KOW LINE NORTH S9~-11'-57' WF.,,eT A
DI.nTANCE OF 200.03 ~'~.~l; ~CE COHI1NLllHG ALONG SAID ROW LINE NOKTH
89-11'-45" W!~"T A DISTANCE OF 31.69 FiaT; TH!~CE CONTINUING ALONG SAID
P, OW ~ NOKTH $~'-19'-40" ~ A DISTANCE OF 3:t0.04 Fl~'r;
CONTINUINO ALONO SAID ROW ~ NORTH ~.°-52'-09' ~ A DISTANCE OF
120~4 ~; TH]gNC!g CoN'rlNIIIN(~ ALOI~K} ~ P,,OW ~ NORTH
WF.~T A DISTANCE OF I~.2~ ~-~ai TO A POINT ON TII~ F,,Au-tmiLY ROW LIN~ OF
GRAND LAKES AVENIlE; THENCE ALON(} SAID KOW LINE NORTH 44°-24'-55"
A DISTANCE OF 42~9 FEET; TltlgNCE CONTINIJIHG ALONO SAID RDW ~ NOKTH
00~-44'-1~" EAST A DI-~TANCE OF 76~9 ~-~; TI-IIiNCE CONTIl~JIHG ALONG SAID
RDW lINE ALONG A TANGt~IT CURVE TO THE T.h-~r, CONCAVE V~a,~-liaaLY,
HAVING A RADIUS OF 1000.00 FEET, THR~I,~3H AN ARC OF 23~-20'-52", A DISTANCE
OF 407.50 FEET; THt~CE NOKTH 71°-42'-I 1' EAST A DISTANCE OF 356.94 FEET;
THENCE SOUTH $8°-50'-57" F_,A~T A DISTANCE OF 415.84 l'/ata I; THENCE SOUTH 33°-
14'-18' EAST A DISTANCE OF 390.43 P~l; THENCE SOLrl'H 00~-12'-29" EAST A
DISTANCE OF 306.37 P~.4a l' TO THE POINT OF BEGINNING, SAID pARCEL
CONTAINING 12.00 ACRF, S, MORE OK LESS.
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 14th day of September,
1995 she posted on the Bulletin Board at City Hall, a full, true
and correct copy of the following: Ordinance No. 3673, passed by
the Bakersfield City Council at a meeting held on the 13th day of
September, 1995, and entitled:
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP 123-
06 BY CHANGING THE ZONING OF 12 ACRES GENEALLY
LOCATED AT THE NORTHEAST CORNER OF MING AVENUE
AND GRAND LAKES AVENUE FROM A LIMITED MULTIPLE
FAMILY DWELLING ZONE TO A ONE FAMILY DWELLING
ZONE
By:
/s/ CAROL WILLIAMS
City Clerk of the City of Bakersfield