HomeMy WebLinkAboutORD NO 3115ORDINANCE NO. 03115
NEW SERIES
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE BY CHANGING THE
LAND USE ZONING OF THOSE CERTAIN PROPERTIES
IN THE CITY OF BAKERSFIELD LOCATED SOUTH OF
HIGHWAY 178, WEST OF MORNING DRIVE, NORTH OF
COLLEGE AVENUE FROM AN R-1 ZONE TO AN R-2
ZONE; FROM AN R-S, R-2, R-3 AND C-2 ZONE
TO AN R-1 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 has held a public hearing on
a petition to change the land use zoning of those certain proper-
ties in the City of Bakersfield located south of Highway 178,
west of Morning Drive, north of College Avenue from an R-1 Zone
to an R-2 Zone; from an R-S, R-2, R-3 and C-2 Zone to an R-1
Zone; 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 a change of zoning of the subject properties from an R-1 (One
Family Dwelling) Zone to an R-2 (Limited Multiple Family
Dwelling) Zone; from an R-S (Residential Suburban) Zone, R-2
(Limited Multiple-Family Dwelling) Zone, R-3 (Limited Multiple
Family Dwelling) Zone and C-2 (Commercial) Zone to an R-1 (One
Family Dwelling) Zone, and the Council has considered said find-
ings and all appear to be true and correct; and
WHEREAS, there appears to be no substantial detrimental
environmental impact which could result from the proposed project;.
and
WHEREAS, the City Council has determined after due con-
sideration of said petition and the recommendations of the
Planning Commission herein on file, together with the reasons
advanced at the hearing for a change of zoning of said properties,
that a zoning change should be authorized; and
WHEREAS, the City Council has determined and found that
the p~oposed zoning is consistent with the General Plan of the
City of Bakersfield.
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. An environmental assessment was made of the project,
and a Negative Declaration was adopted by the Planning Commission
after a public hearing thereon, and this Council hereby approves
and adopts the Negative Declaration.
3. Section 1.7.06.020 (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 certain properties in said City,
the boundaries of which properties are shown on the map hereto
attached and made a part hereof, as follows:
FROM AN R-S (RESIDENTIAL SUBURBAN) ZONE,
R-2 (LIMITED MULTIPLE-FAMILY DWELLING)
ZONE, R-3 (LIMITED MULTIPLE FAMILY
DWELLING) ZONE AND C-2 (COMMERCIAL) ZONE
TO AN R-1 (ONE FAMILY DWELLING) ZONE:
All that portion of the east half of
Section 24, T.29S., R.28E., M.D.B.&M.,
the City of Bakersfield, Kern County,
California, being more particularly
described as follows:
Beginning at the southeast corner of said
Section 24;
Thence north 0034'58" east along the east
line of the southeast quarter of said
section, 2,153.81 feet;
Thence north 89025'09" west, 899.98 feet;
Thence north 0°34'51" east, 1,330.00
feet;
Thence north 89°25'09
to the beginning of a
radius tangent curve,
"west, 246.81 feet
2,000.00 foot
concave southerly;
Thence westerly along said curve through
a central angle of 11039'09", an arc dis-
tance of 406.75 feet;
Thence south 78055'42" west, 117.70 feet,
to a point on the east line of the
towerline easement granted to Southern
California Edison Company by documents
recorded in Book 53, Page 332, Book 83,
Page 224 and Book 1662, Page 73 of Kern
County Official Records;
Thence north 0°41'54" east, along said
east line 1,259.61 feet to a point on the
south line of State Route VI-KER-178;
Thence along said south line the follow-
ing courses: south 89047'57" west, 791.02
feet; south 82041'22" west, 201.57 feet;
and north 88°26'16" west, 3.94 feet to a
point on the west line of said northeast
quarter of said section;
Thence south 0025'42" west along said
west line, 2,022.31 feet to the southwest
corner thereof;
Thence south 0025'34" west along the west
line of said southeast quarter, 2,653.80
feet to the southwest corner thereof;
Thence north 89047"59" east along the
south line of said southeast quarter,
2,645.60 feet to the point of beginning.
Containing 212.292 acres, more or less.
FROM AN R-1 (ONE FAMILY DWELLING) ZONE TO
AN R-2 (LIMITED MULTIPLE-FAMILY DWELLING)
ZONE:
PARCEL 1
All that portion of the northeast quarter
of Section 24, T.29S., R.28E., M.D.B.&M.
in the City of Bakersfield, Kern County,
California, being more particularly
described as follows:
Beginning at a point on the east line of
said northeast quarter, from which point
the southeast corner thereof bears, south
0°34'51" west, 85.97 feet;
Thence north 0°34'51" east along said
east line, 750.00 feet;
Thence north 89025'09" west, 640.00 feet to a
point hereinafter called Point "A";
Thence south 0°34'51" west, 750.00 feet;
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Thence south 89025'09" east, 640.00 feet
to the point of beginning.
Containing 11.019 acres, more or less.
PARCEL 2
Commencing at Point "A" hereinabove
described;
Thence north 89°25,09- west, 97.91 feet
to the True Point of Beginning;
Thence continuing north 89025'09" west,
408.90 feet to the beginning of a
2,000.00 foot radius tangent curve, con-
cave southerly;
Thence westerly along said curve, through
a central angle of 11039'09", an arc dis-
tance of 406.75 feet;
Thence south 78055'42" west, 117.70 feet
to a point on the east line of the
towerline easement granted to Southern
California Edison Company by documents
recorded in Book 53, Page 332, Book 83,
Page 224 and Book 1662, Page 73 of Kern
County Official Records;
Thence north 0°41'54" east, along said
east line, 1,259.61 feet to a pint on the
south line of State Route VI-KER-178;
Thence along said south line the follow-
ing courses; north 89047'57" east, 625.60
feet; and south 85022'44" east, 197.05
feet to a point on a 940.00 foot radius
non-tangent curve~ a radial from said
point to the center of said curve bears
south 4040'25" west;
Thence easterly along said curve, through
a central angle of 6°21'33", an arc dis-
tance of 104.33 feet;
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Thence departing from said south line,
south 0°34'51" west, parallel with the
east line of said northeast quarter,
1,176.07 feet to the True Point of
Beginning.
Containing 25.726 acres, more or less.
PARCEL 3
All that portion of the east half of
Section 24, T.29S., R.28E., M.D.B.&M.,
the City of Bakersfield, Kern County,
California, being more particularly
described as follows:
Beginning on the southeast corner of the
northeast quarter of said Section 24;
Thence north 0°34'51" east along the east
line of said northeast quarter, 85.97
feet;
Thence north 89025'09" west, 640.00 feet;
Thence north 0°34'51" east, 750.00 feet;
Thence north 89025'09" west, 260.00 feet;
Thence south 0°34'51" west, 1,330.00
feet;
Thence south 89025'09" east, 899.98 feet,
to a point on the east line of the south-
east quarter of said Section 24;
Thence north 0034'58" east along said
line, 494.03 feet to the Point of
Beginning.
Containing 16.460 acres, more or less.
The foregoing zone changes are subject to the following
conditions of development:
Density restrictions for R-2 parcel 3 (see zone change
legal description) shall be 17 dwelling units per acre.
Overall project density shall not exceed 5.49 dwelling
units per acre. (Planning-discretionary, to achieve
acceptable overall density.)
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10.
11.
Parcels 1 and 2 (R-2 zoning - see zone change legal
descriptions) shall be limited to 17 dwelling units per
acre. (Planning-discretionary, to achieve acceptable
overall density.)
Overall density for residentially zoned property
(excluding 7.5-acre park site) shall not exceed 5.49
dwelling units per acre.
Prior to ground disturbance, the applicant shall provide
mitigation for endangered and/or sensitive animal and
plant species identified on-site as required by the U.S.
Fish and Wildlife Service (Federal Agency).
Within six months of approval of the General Plan
Amendment, the applicant shall submit to the Planning
Department a Final Concept Plan for development of the
project indicating project phasing and numbers of dwell-
ing units.
The project shall be designed in conformance with the
Noise Element of the General Plan to mitigate noise
exposure impacts.
The number of freestanding commercial structures, shall
be determined with P.C.D. Zoning.
Commercial zoning shall be limited to a total of 15 net
acres and zoning shall be PCD.
Offer for dedication the rights-of-way for Morning Drive
and College Avenue, as shown on the Circulation Element
of the General Plan, and access to the park site within
the segment area. Access to the park site shall be dedi-
cated to the city within 6 months of Council approval of
the General Plan Amendment.
Obtain the rights of way for Highland Knolls Drive and
College Avenue from their existing dedicated terminuses
approximately 450' easterly to the site upon develop-
ment or subdivision adjacent to said streets or upon ded-
ication of park site.
Upon development or subdivision, provide a local street
connection to the area west of the site at approximately
1,750 feet north of College Avenue. This connection cor-
responds to the street as shown on the approved Tentative
Tract 4799.
12.
13.
14.
15.
16.
17.
18.
Access to the PCD shall be limited, with one major access
point allowing southbound to northbound, eastbound to
southbound, and northbound to westbound turning move-
ments. The location of the major access point and any
minor access points approved by the Traffic Authority
shall be determined at the time of development.
Access to Morning Drive from residential frontage shall be
provided via a local collector street intersecting
Morning Drive at approximately 1/3 mile north of College
Avenue. Access rights to Morning Drive from all abutting
residential lots shall be waived upon recordation of any
and all subdivision maps.
The local collector intersecting with Morning Drive shall
have limited access allowing southbound to westbound,
eastbound to southbound and northbound to westbound move-
ment only. Eastbound to northbound movement may be
allowed as determined by the traffic engineer upon an
appropriate traffic engineering study of this intersec-
tion.
If the existing park site is to be exchanged for an
alternate site, then the deed for the new site shall be
provided and access dedicated to either site within six
months of council approval of the General Plan Amendment.
Drainage basin sites required by the approved master
drainage study shall be deeded to the city prior to deve-
lopment or subdivision of the site.
All dedications shall include the quitclaim or subor-
dination of rights to the city by all interest and ease-
ment holders having the right to place facilities or
otherwise obstruct the free use of the road right-of-way.
Where major facilities exist, a common use agreement may
be allowed when determined appropriate by the City
Engineer.
The applicant shall provide drainage, sewer and circula-
tion plans for the entire site. These shall be submitted
to and approved by the City Engineer prior to submittal
of any subdivision maps or development plans.
Prior to approval of a site development plan or subdivi-
sion within the segment area, the owner and/or applicant
shall enter into an agreement with the City and post
approved security to guarantee construction of College
Avenue and Morning Drive (including connection to State
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19.
20.
Route 178). Access to the park site, improved to local
street standards, shall be secured within six months of
Council approval of the General Plan Amendment.
Improvements to be secured shall be construction of
the west half of Morning Drive to arterial standards from
College Avenue to State Route 178 and north half of
College Avenue to major collector standards. Utility
poles or other obstructions within the existing or pro-
posed rights-of-way shall be relocated to their ultimate
locations at the developer's expense as part of those
minimum improvements.
A median island will be required in Morning Drive from
State Route 178 to College. In-lieu of constructing the
median or securing its construction, the applicant shall
deposit money with the City for the median construction
for the west half of Morning Drive.
The connection of Morning Drive to State Route 178 shall
be done per CalTrans approval.
Upon recordation of residential subdivision or develop-
ment, the applicant shall enter into an agreement with
the City and post approved security to guarantee payment
of his share of costs involved in traffic signal con-
struction at the following intersections:
Morning Dr. and State Route 178
Morning Dr. & Highland Knolls Dr.
Morning Dr. and College Avenue
North-South Local Collector
and College Avenue
$37,500 (25% of $150,00(])
$50,000 (50% of $100,000)
$25,000 (25% of $100,000)
$50,000 (50% of $100,000)
Payment shall be made to the City within one year of the
date of the agreement or applicant shall pay the above-
stated percentages of the actual costs of signals when
installed.
Based upon a projected population of 3,030 persons for
the Centennial project, the park requirement will be as
follows:
3,030 = 3.030 3.030 x 2.5 = 7.58 acres
1,000 ---- required
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The park dedication requirement may be reduced if a
decrease in actual units is reflected in the final over-
all concept plan for the development.
SECTION 2.
This ordinance shall be posted in accordance with the
City charter provisions and shall become effective thirty (30)
days from and after the date of its passage.
.......... o0o ..........
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I HEREBY CERTIFY that the foregoing Ordinance was passed
and adopted by the Council of the City of Bakersfield at a regular
meeting thereof held on August 26, 1987 by the
following vote: '
AYES: COUNCI,LMEI~,IB~R$: CHILDS, CttRISi'ENSEN, SMIIH. RAI%Y, MOORE, OICKERSQN SALYAGGIO
NOES: COUNCILr,,~[~E~S: ~ ~
ABSENT: COUNCILMEgaBitS ~ -~
ABSTAINING: COUNClLMEMRERS
e
Council of the City of Bakersfield
APPROVED August 26, 1987
MAYOR of the City of B/~J%ersfield
APPROVED as to form:
C~[TY A~ORNEY of the City of Bakersfield
AJS/meg
00RD 5
O.ZC-CENT1
8/20/87
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AffrayS! of ostmg
STATE OF CALIFORNIA t 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 September 24 , 19 87 , she posted on the Bulletin Board
at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City
at a meeting thereof duly held on August 26, , 19 87
, which ordinance
was numbered 03315 __ New Series, and entitled:
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE BY CHANGING THE
LAND USE ZONING OF THOSE CERTAIN PROPERTIES
IN THE CITY OF BAKERSFIELD LOCATED SOUTH OF
HIGHWAY 178, WEST OF MORNING DRIVE, NORTH OF
COLLEGE AVENUE FROM AM R-1 ZONE TO AN R-2
ZONE: FROM AN R-S, R-2, R-3 AND C-2 ZONE TO
AN R-1 ZONE.
City Clerk