HomeMy WebLinkAboutORD NO 4082ORDINANCE NO. ,~ 0 8 2
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO.
102-18 BY CHANGING THE ZONING FROM R-l-CH (ONE-
FAMILY DWELLING-CHURCH) TO C-O (PROFESSIONAL AND
ADMINISTRATIVE OFFICE)IPCD (PLANNED COMMERCIAL
DEVELOPMENT COMBINING) ON 7.92 ACRES GENERALLY
LOCATED ALONG THE SOUTHWEST CORNER OF
CALLOWAY DRIVE AND NORIEGA ROAD (ZONE CHANGE
P01-1036)
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 from R-l-CH to C-O as delineated on attached Zoning
Map No. 102-18 marked Exhibit "2", of those certain properties in the City of Bakersfield
generally located along the southwest corner of Calloway Drive and Noriega Road; and
WHEREAS, by Resolution No.60-02 on June 20, 2002 the Planning Commission
recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code
to approve C-O/PCD zoning as delineated on attached Zoning Map No. 102-18 marked Exhibit
"3", 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-l-CH to C-O/PCD 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 29, 2002, in
accordance with CEQA; and
WHEREAS, the general plan designation for this area allows Low Density Residential,
Low Medium Density Residential and Open Space-Parks development; and
WHEREAS, property owners within the general area of the subject site have submitted
an appeal to the Planning Commission's decision and the City Council has considered the
appeal of the property owners; and
WHEREAS, the City Council has considered and hereby makes the following findings:
All required public notices have been given.
The provisions of the California Environmental Quality Act have been followed.
3. The proposed project will not have a significant effect on the environment.
10.
11.
12.
13.
14.
15.
Based on the initial study and comments received, staff has determined
that the proposed project could not have a significant effect on the
environment. A Mitigated Negative Declaration was prepared for the
project in accordance with CEQA.
A traffic study was required for the subject site and mitigation measures
were recommended to alleviate traffic impacts.
The proposed project is consistent with the surrounding land uses.
The proposed project is consistent with the Metropolitan Bakersfield 2010
General Plan.
The existing inventory of C-O zoned land in northwest Bakersfield does
not appear adequate to serve the area.
Uses permitted in a PCD zone used as a combining zone are those uses
permitted by the base zone with which the PCD zone is combined
(Section 17.54.020 A. Municipal Code).
Mitigation measures/conditions are included to lessen impacts of the
project.
The appeal by property owners has been considered.
The appeal of the property owners is based upon the premise that many
of the homeowners are new homeowners and did not receive notice of the
public hearing and such owners were also told by the builders that the
subject site would be only be developed as a church or a park.
The recommendation of the Planning Commission is upheld.
The public necessity, general welfare and good planning practices justify
the amendment to the Land Use Element of the Metropolitan Bakersfield
2010 General Plan.
Based on the absence of evidence in the record as required by Section
21082.2 of the State of California Public Resoumes Code (CEQA) for the
purpose of documenting significant effects, it is the conclusion of the Lead
Agency that this project will result in impacts that fall below the threshold
of significance with regard to wildlife resources and, therefore, must be
granted a "de minimis" exemption in accordance with Section 711 of the
Sate of California Fish and Game Code. Additionally, the assumption of
adverse effect is rebutted by the above-reference absence of evidence in
the record and the Lead Agency's decision to prepare a Negative
Declaration for this project.
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.
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. 102-18 marked Exhibit "3" attached hereto and made a part hereof, and
are more specifically described in attached Exhibit "4 ".
Such zone change is hereby made subject to the mitigation measures/conditions
of approval listed in attached Exhibit "1", subject to approval of GPA P01-1036.
SECTION 2.
This ordinance shall be posted in accordance with the Bakersfield Municipal Code and
shall become effective not less than 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
S£P 18 ?~)0~ , by the following vote:
AYES: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
NOES: COUNCILMEMBER
ABSTAIN: COUNClLMEMBER
ABSENT: COUNCILMEMBER
CITY CLERK and Ex Officlo C~rk of the
Council of the City of Bakersfiell3
APPROVED SEP 18 ZOOZ
MAYOR of the City of'BakerSfield
APPROVED AS TO~ORM:
BART J. THILT/GEI~/
~]RK~INAL
EXHIBIT "1"
GENERAL PLAN AMENDMENT/ZONE CHANGE P01-1036
MITIGATION MEASURES/CONDITIONS
Planning Department
Dust suppression measures listed as Regulation VIII are required for all
construction in the City of Bakersfield and are regarded by the San Joaquin
Valley Unified Air Pollution Control District as sufficient mitigation to reduce PM-
10 impacts to less than a significant level.
If any human remains are discovered, all work shall stop until the Kern County.
Coroner has been notified and has evaluated the remains. If any other
archaeological artifacts are discovered during site development, all work shall
stop until the find has been evaluated by a qualified amhaeologist or historian.
CONDITIONS OFAPPROVAL
Planning Department
Applicant shall construct a Type "A" trail along subject site's Noriega Road
frontage and a Type "B" trail along subject site's Calloway Drive frontage as
shown on Exhibits 5 and 6. Such trails shall be developed at the time subject
site is developed.
2. A "C-O/PCD" combining zone shall be placed on the 7.92 acre subject site;
3. Ail buildings shall front on Calloway Ddve;
Building height shall be restricted to two stodes. Building overlooks shall
conform to Section 17.08.090 (Overlooks Into Residential Rear Yards);
Windows, balconies, viewing areas or other structural openings located on the
south and west sides of the buildings shall be screened to minimize overlooks
into rear yards of adjacent residences.
Require additional landscaped area along the subject sites south and west
property boundary. Section 17.58.050 N. (Off Street Parking) requires, "Where
the parking lot ... is within 10 feet of a property line zoned residential, it shall be
separated therefrom by a continuous solid wall of masonry construction a
minimum of 6 feet in height ... and by a landscaped area at least 7 feet in
width...". Upon recommendation by the Commission and approval by~,l~,!ty
Council, the subject site will have a C-O/PCD combining zone whicl~'~iqu~7~a
CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION
June 19, 2002
Page 2
site plan including but not limited to a landscaped plan (Sections 17.54.030 A.1. -
A .4. and A.6.). Minimum landscape standards" are found in Section 17.61.030.
The parking lot landscaped area and the "minimum landscape standards" allow
the Commission to recommend a wider landscape area and a greater amount of
landscaping material.
Parking lot lighting facilities shall be directed away from residences located south
and west of the subject site. The lighting plan shall be approved by the
"Planning Director".
Public Works
Along with submittal of any development plan, tentative subdivision map, or
application for a lot line adjustment, the following shall occur:
Provide fully executed dedication for Calloway Drive and Noriega Road to
arterial and collector standards for the full frontages of the area within the
GPA request, Dedications shall include sufficient widths for expanded
intersections and additional areas for landscaping as directed by the City
Engineer. Submit a current title report with the dedication documents.
Submit a revised comprehensive drainage study to be submitted to and
approved by the City Engineer. The study shall be approved and any
required retention site and necessary easements dedicated to the City,
¸3.
Payment of median fees for the frontage of the property within the GPA
request. These fees may be paid prior to recordation of any map or
approval of improvement plans.
Access to the artedal and collector streets will be limited and determined at time
of division or development. Determination ofwhether a dght turn lane is required
at the access street(s) will also be made at the time of division or development.
A full access opening will not be allowed on Calloway Ddve.
Development on the site shall be subject to the Regional Traffic Impact Fee. An
independent RTIF calculation was provided in the study as required to determine
the actual impact of the project on the RTIF facilities. A total fee of $64,449 was
calculated for the 85,000 SF office, equivalent to $758.22 per 1,000 SF.
S:~ole~) I. 103~Mi6galJon.w~l
EXHIBIT "1"
TRAFFIC STUDY MITIGATION
SECTION 5. MITIGATION
210-08
A. RECOMMENDED MITIGATION MEASURES
Mitigation mcasurcs were evaluated for those facilities, which showed degradation in Icvcl of
service below I,OS C by Ibc year 2020. 'fable 8 shows the recommended mitigation s~cc/~ary to
provide a I.OS C 'ibc Mctropolilan Bakersfield regional traffic impact fcc program (RTIF)
covers all of thc required improvcmenls. Thcrc is no further local mitigalion rcquircd.
Table 8
Traffic Operations
Mitigation Analysis
Intersection Level of Service
Improvements Project
not covered by Share for Local
Intersection Total Improvements RTIF
Required by 2020 (Local Mitigation
Mitigation)
Add INBL, INBT, INBR, I
Rosedale Hwy SBT, IWBL, I WBT. IEBL, I
Calloway Drive EBT
I lagernan Road Widen to Fully Expanded
Call°way Drive Arterial-Arterial inlcrseclion
lustall Traffic Sigual. Stripe
Noriega Road existing roadway to oltimate
Calloway Drive lane configuration.
Olive Drive Install signal. Widen Io fully
Calloway Drive expanded arterial-arterial
intersection *
NBL- North Bourn tell
NBT - North Bound Through
NBR - Norlh Bound Righl
Project currently in design al City Public Works for full width improvements and signalization.
B. METROPOLITAN BAKERSFIELD TRANSPORTATION IMPACT FEE PROGRAM
Thc Regional Transportation Impact Fee Program (RTIF) idcn6fics a significant number ol
improvements to be accomplishcd within the project vicinily aver thc nexl 20 ~eaaff'ts.. Thc RTl['
fcc for thc project was calculated and is shown in Table 9. ~-~ ~J~
~)RtGINAi
I
~EX 2
PLANNING COMMISSION RECOMMENDA'~
I
zo.,~#,~,. ,o2-,~:
3RiGINA~
EXHIBIT "4"
GENERAL PLAN AMENDMENT/ZONE CHANGE
LEGAL DESCRIPTION
BEING PARCEL C OF LOT LINE ADJUSTMENT NO. P98-0845 AS EVIDENCED
BY THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED MARCH 26,
1999 AS DOCUMENT NO. 0199042941, O.R., ALSO BEING A PORTION OF
SECTION 18, T.29 S., R.27 E., M.D.& M., IN THE CITY OF BAKERSFIELD,
COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
CONTAINS: 7.92 GROSS ACRES
5932-GPA-LOL
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SS.
County of Kern )
PAMELA A. McCARTHY, 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 19th day of September , 2002 she posted on the Bulletin Board at
City Hall, a full, true and correct copy of the following: Ordinance No.
the Bakersfield City Council at a meeting held on the 18th day of
and entitled:
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND ZONING
MAP NO. 102-18 BY CHANGING THE ZONING FROM R-
l-CH (ONE FAMILY DWELLING-CHURCH) TO C-O
(PROFESSIONAL AND ADMINISTRATIVE OFFICE)/PCD
(PLANNED COMMERCIAL DEVELOPMENT COMBINING)
ON 7.92 ACRES GENERALLY LOCATED ALONG THE
SOUTHWEST CORNER OF CALLOWAY DRIVE AND
NORIEGA ROAD (ZONE CHANGE P01-1036)
4082 , passed by
September 2002
/s/PAMELA A. McCARTHY
City Clerk of the City of Bakersfield