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HomeMy WebLinkAboutORD NO 3709ORDINANCE NO. Oo ~ 0 9 AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP 123-21 BY CHANGING THE ZONING OF 24.91 ACRES GENERALLY LOCATED ON THE NORTHWEST CORNER OF PANAMA LANE AND ASHE 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 on the northwest corner of Panama Lane and Ashe Road; and WHEREAS, by Resolution No. 93-95 on DECEMBER 21, 1995, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve a change from One Family Dwelling to Limited Multiple Family Dwelling zoning as delineated on attached Zoning Map No. 123-21 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 One Family Dwelling 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 was advertised and posted on November 6, 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. 3. The proposed project will not have significant effect on the environment. 4. Conditions of approval as shown on Exhibit "A" are included in the project to mitigate impacts. 5. The proposed zoning classification is compatible with existing and projected zoning and land uses in the surrounding vicinity. 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. 123-21 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 conditions of approval listed in Exhibit "A" and subject to prior approval of GPA 4-95, Segment VI. 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 ......... 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 M^R II Ii 1~8 , by the following vote: AYES' COUNCILMEMBER DeMOND, CARSON, SId}']~l, McDERMOTT, ROWLE$, SULLIVAN, SALVAGOIO NOE~' COUNCILMEMBER [,~(0 I~ ABSENT: COUNCILMEMBER ~...~,z,~.~ Acting CITY CLERK and Ex Officio Olerk of th~ Council of the City of Bakersfield APPROVED MAR 0 $ ~ BOB PRICE MAYOR of the City of Bakersfield APPROVED as to form: JUDY SKOUSEN CITY ATTORNEY res\o495s6.cc MJM January 26, 1996 3 EXHIBIT "A" Conditions of Approval Zone Change No. $672 Offers of dedication will be required to allow for the construction of the entire portion within the project area of Panama Lane and Ashe 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. With the first development within the GPA area, Ashe Road shall be constructed from Panama Lane to Harris Road. Construction shall consist of full width improvements on the west side (southbound), a full landscaped median island, and 16 feet of pavement on the east side (northbound). The Panama Lane frontage shall be constructed in one segment in accordance with the provisions of Agreement 8%84 and as required by the City Engineer. Drainage provisions for the project area shall be in accordance with the master drainage study previously submitted and approved by the City Engineer for the Silver Creek area. Sewerage provisions for the project area shall be in accordance with the master sewer study previously submitted and approved by the City Engineer for the Silver Creek area. Panama Lane and Ashe Road are bikeways on the "Bikeway Master Plan" of the 2010 General Plan and shall be constructed as required by the 2010 General Plan for arterial streets with bike lanes. With construction of Panama Lane and Ashe Road, traffic signal interconnect conduit, conductor and pull boxes shall be installed to City Standards by the developer (unless already installed with previous construction). Installation shall be along the west side of Ashe Road from Panama Lane to tfarris Road and along the north side of Panama Lane from the east side of Ashe Road to the west project boundary. Right-turu deceitration lanes shall be constructed by the project applicant at any Panama Lane or Ashe Road entrances to the GPA area where required by the City Engineer. Upon further subdivision or development, the developer shall pay to the City fees for his proportionate share of the cost of future traffic signals and street improvements in the project area impacted from the project. These fees shall be paid at the time of issuance of a building permit. The identified traffic signals and street improvements, and the developer's proportionate share, are shown on Table A. '['he traffic study and resulting impacts identified in Table A are based on 249 multi-family dwelling units within the GPA area, while the land use proposed would allow more dwelling units. Based on the above units, the local traffic mitigation yields a unit cost per multi-family unit of $237.73. This unit cost per multi-family unit shall be maintained irregardless of the number of units that are finally created so that proportionate traffic mitigation will be achieved. Should an increase of more than 5% in dwelling units be proposed for any specific project within the GPA area, then a review and possible revision to the traffic study and resulting revision to local traffic mitigation fees may be required. p:5672.eb CITY OF BAKERSFIELD ZONING MAP 123-21 E~IBIT Legal Description Zone Change No. 5672 (R-1 to R-2) BEING ALL THAT PORTION OF THE SO~ QUARTER OF SECTION 21, TOWNSHIP 30 SOUTH, RANQE 27 EAST, M.D.M., CITY OF BAKERSFI~.r~, COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT TH~ SO~ CORNER OF SAID SECTION, SAID POINT ALSO BE]NO TH~ CENr~IlqE l~-r~cSE~-nON OF ASI-I~ ROAD AND PANAMA LAN~: THENCE NORTH 00' 49' 35' EAST, ALONG THE EAST LINE OF SAID SO~ QUARTI:,K,, 70.35 TI-II~NCE NORTH 89° 10' 25' WEST, AT RIGHT ANOI-~-~; TO SAID EAb~ LINE, 90.08 FEET TO THE TRUE POINT OF BEGINNING, SAID POIiNT ALSO BEING A POINT ON THE PROPOSED NORTHERLY RIOliT-OF-WAY LINE OF PANAMA LANE; THENCE ALONG THE PROPOSED NORTHERLY RICH-rF-OF-WAY LINE OF PANAMA LANE, THE FOLLOWING FOUR (4) 1) NORTH 88° 56' 55' WF.h~, 179.65 ~-P,t~-l'; THENCE 2) SOUTH 86° 17' 16' WEST, 120.42 l~'l~l=-l-; THENCE 3) NORTH 89° 49' 00' WEST, 330.04 l.'~_azT; THENCE 4) NORTH 88° 56' 55' WEST, 72.16 ~',~a=T; THENCE NORTH 00° 49' 35' EAST, 1485.17 t.~.h't'; ~CE SOUTH 89~ 10' 25' EAST, 736.95 I.I~P.,T TO A POINT ON THE WEb-I',w_,RLY RIGHT-OF-WAY LINE OF ASHE ROAD; THENCE ALONG THE PROPOre-J, WE~'I'hRLY RIGHT-OF-WAY LINE OF ASHE ROAD, THE FOLLOWING' FIVE (5) COURSES: 1) SOUTH 00° 49' 35' WEST, 791.94 FEET; THENCE 2) SOUTH 01° 37' 09' WEST, 361.37 FEET; THENCE 3) SOUTH 05° 35' 24' WEST, 120.42 FEET; THENCE 4) SOUTH 00° 49' 35' WEST, 179.65 FEET; THENCE 5) SOUTH 45° 56' 20' WEST, 38.34 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING' 24.91 ACRES AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) SS. 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 8th day of March, 1996 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3709, passed by the Bakersfield City Council at a meeting held on the 6th day of March, 1996, and entitled: AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 123-21 BY CHANGING THE ZONING OF 24.91 ACRES GENERALLY LOCATED ON THE NORTHWEST CORNER OF PANAMA LANE AND ASHE ROAD /s/ CAROL WILLIAMS City Clerk of the City of Bakersfield