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HomeMy WebLinkAboutORD NO 3708ORDINANCE NO. B ~ 0 8 AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP 12.3-21 BY CHANGING THE ZONING OF 11.84 ACRES GENERALLY LOCATED ON THE NORTHWEST CORNER OF PANAMA LANE AND RELIANCE DRIVE 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 Reliance Drive: and WHEREAS, by Resolution No. 91-95 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 Limited Multiple Family Dwelling to One 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 Limited Multiple Family Dwelling to 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 November 6, 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 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 proposed zoning classification is compatible with existing and projected land uses and zoning in the surrounding vicinity. 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. 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 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 by the Council of the Ci~.,,of Bakersfield at a regular meeting thereof held on MAI~ 0 6 ~ , by the following vote: AYES COUNCILMEMBER DeMOND, CARBON, SMITH, McOERMOTT, ROWLES, SULLIVAN, NOES: COUNCI~MEM ~ ~ I ' - ABSTAIN: COUNCILMEMBER ABSENT: cOUNCILMEMBER- ,~.L~' ~ SALVAGGIO Acting CITY CLERK and Ex Officio ~Clerk of the Council of the City of Bakersfield UAR o 6 ~ APPROVED BOB ~R ' MAYOR of the City of Bakersfield APPROVED as to form: JUDY SKOUSEN CITY ATTORNEY rcs\o495s5zc.cc MJM Januav/26, 1996 3 EXHIBIT "A" Conditions of Approval Zone Change No. $669 4. 5. 6. Offers of dedication will be required to allow for the construction of the entire portion within the project area of Panama Lane to arterial standards and Reliance 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 GPA area. With the first development within the GPA area, the Reliance Drive and Wilderness Drive frontages of the GPA area shall be completed including curb, gutter, and sidewalk. The Panama Lane frontage shall be constructed in one segment in accordance with the provisions of Agreement 87-84 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 is a bikeway 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, traffic signal interconnect conduit, conductor and pull boxes shall be installed to City Standards by the developer. Installation shall be along the north side of Panama Lane along the GPA frontage. Right-turn deceleration lanes shah be constructed by the project applicant at any Panama Lane entrances to the GPA area where required by the City Engineer. Upon further subdivision or development, the developer shah 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 shah 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. The traffic study and resulting impacts identified in Table A are based on 53 single 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 single family unit of $387.62. This unit cost per single 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:5669.eb ITl CITY OF I~AKERSFIELD ZONING MAP 125-21 EXHIBIT "C" Legal Descriptfon Zone Change No. 5669 (a-2 to a-l) BEING ALL THAT PORTION OF ~ SOUTHWEST QUARrP_~ OF SECTION 21, TOWNSI-I~ 30 SOUTH, RANGE 27 F_ASF, M.D.bL. crrY OF BAKEP..~-,~:, .n, COUNTY OF ~, STATE OF CA~ mORNIA. DESCRIBED AS FOLLOWS: COMMENCING AT TH~ CEN'rhELINE IN'rl/KSECI1ON OF RIg.lANCE DRIVE AND WILDERNESS DRIVE AS SHOWN ON TRACT NO. 4901 - UNIT "C" AS FII.F.r) IN MAP BOOK 36 AT PAGES 30 THROUGH 32 (INCLUSIVE) IN THE OFFICE OF TH~ ~ COUNTY RECORDER; TI-II~ICE NORTH 77° 10' 19" V~, ALONG THE CI~'I'~ OF WILDER=NESS DRIVE, 5~0.00 FICa-y; TI-II~NCE SOUTH 12' 49' 41" WEST, AT RIGHT ANC,~.K9 TO SAID CENT~NE, 38.00 l'~T TO TH~ TRUE PoIKr OF BEGINNING, SAID POINT ALSO BEING A POINT ON THE SOUTHERLy RIGHT-OF-WAY LINE OF WH.nERNESS DRIVE A~ SHOWN ON SAID TRACT; THENCE ALONG THE SOnY RKH-IT-OF-WAY LINE OF WILDERNESS DRIVE AND ~ WF.~i-p_diLy RIOliT-OF-WAY LINE OF l~h~ .I~ICE DRIVE A~ SHOWN ON SAID TRACT, TIlE FOLLOWING EIGHT (8) CO~: 1) SOUTH T/° 10' 19' EA~F, $2~.81 ~'P-~T; THI~HCE 2) SOUTH 32° $8' 36' F_A~r, 27.88 P'EhT TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE EA~-I'P_dILY, HAVING A RADIUS OF 2045.00 ~'lilfr, FROM WHICH POINT A RADIAL LINE BEARS SOUTH 78° 46' $3" EAST; TItENCE 3) SOnY ALONG SAID CURVE, THROUGH A CENTRAL AN(HE OF 05~ $3' 47', AN ARC I.RNGTH OF 210.45 k'l~T TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE EA~'I'I~iLY, HAVING A RADIUS OF 2046.00 FEET, FROM WHICH POINT A RADIAL LINE BEAR~ SOUTH 83° 27' 05" EAST; TI~NCE 4) SOUTIiIdRLy ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 04° 35' 19", AN ARC I.~NGTH OF 163.78 FEET; THENCE 5) SOUTH 02' 02' 26" WEST, 110.03 l"l~hT; TI-II~ICE 6) SOUTH 05° 30' 08" WEST, 120.42 FEET; THENCE 7) SOUTH 00~ 44' 19" WF~T, 189.$$ ~P-~T; THEIrICE 8) SOU'I~ 45' 53' 40" WEST, 28.37 FEET TO A POINT ON THE NORTH RIGHT-OF- WAY lINE OF PANAMA LANE PER THAT C[~TAIN ROAD DEDICATION RECORDED IN BOOK 5998 AT PAGE 2098 AND RE-RECORDED IN BOOK 6027 AT PAGE 399, OP'FICIAL RECORDS, IN ~ OFFICE OF THE KERN COUNTY RECORDER; THF, NCE ALONG THE NORTH RIGHT-OF-WAY LINE OF PANAMA LANE, THE FOLLOWING TWO (2) COURSES: 1) NORTH 88' $6' $9" ~, 299.$6 l-l~'l'; THENCE 2) NORTH 89~ 49' 04" WEST, 269.03 FEET TO THE SO~ CORNER OF LOT 61 OF SAID TRACT NO. 4901-UNIT "C"; THENCE ALONG TIIE EA~-I'P_diLY LINF~ OF LOTS 6 THROUGH 22 (INCLUSIVE), LOT 58 AND LOT 61, THE FOLLOWING TWO (2) COURSES: 1) NORTH 01'03' 01" EASt, 447.51 FEET; THENCE 2) NORTH 12° 49' 41" EAST, 509.63 FEET TO THE TRUE POII~Fr OF BEGINNING. CONTAINING 11.84 ACRES (NET) 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 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. 3708, 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 11.84 ACRES GENERALLY LOCATED ~ ON THE NORTHWEST CORNER OF PANAMA LANE AND RELIANCE DRIVE By: /s/ CAROL WILLIAMS City Clerk of the City of Bakersfield DEPU~Y~ity