HomeMy WebLinkAboutORD NO 3230ORDINANCE NO. 3230 NEW SERIES
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AMENDING SECTION 17.06.020 OF
CHAPTER 17.06 (ZONING MAP) OF THE MUNICIPAL
CODE OF THE CITY OF BAKERSFIELD REGARDING
PREZONING OF PROPERTY KNOWN AS THE STINE
NO. 6 ANNEXATION (WARD 6).
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
request by the City of Bakersfield to zone certain property now
findings of fact which warranted a negative declaration of
environmental impact; and
WHEREAS, by Resolution No. 15-89 on March 16, 1989, the
Planning Commission recommended approval and adoption of an ordi-
nance amending Title 17 of the Municipal Code to approve a C-2
(Commercial) or more restrictive zone, and an R-1 CH (One Family
Dwelling-Church) or more restrictive zone, as delineated on the
attached map, by this Council and this Council has fully consid-
ered the findings made by the Planning Commission as set forth in
that Resolution; and
WHEREAS, there appears to be no substantial detrimental
environmental impact which could result from this zoning action;
and
WHEREAS, upon approval of Segment I of Land Use Element
Amendment 1-89, the proposed zoning will substantially conform to
the General Plan; and
WHEREAS, the City Council has determined after due con-
sideration of the motion and recommendation of the Planning
Commission, herein on file, together with the reasons advanced at
the Planning Commission hearing, that said zoning should be
authorized upon annexation of said property to the City.
NOW, THEREFORE, BE IT ORDAINED by the Council of the
City of Bakersfield as follows:
SECTION 1.
A. All the foregoing recitals are found to be true and
correct.
B. The Negative Declaration for this zoning action is
hereby approved and adopted.
C. Subject to prior approval of Segment I of Land Use
Element 1-89, that Section 17.06.020 of Chapter 17.06 (Zoning Map)
of the Municipal Code of the City of Bakersfield, be and the same
is hereby amended by extending the boundaries of said map to
include that certain property in the County of Kern located at at
the southwest corner of Stine Road and Panama Lane, contiguous to
the boundary of the City of Bakersfield known as the STINE NO. 6
ANNEXATION, upon the annexation of said property to the City of
Bakersfield, the boundaries of which property are shown on the map
marked Exhibit "A", hereto attached and made a part of this
ordinance, and are more specifically described as follows:
TO A C-2 (COMMERCIAL) ZONE:
All that portion of the northeast quarter
of Section 27, T.30S., R.27E., M.D.B.&M.,
Kern County, California, lying easterly
of the Arvin-Edison Intake Canal.
Containing 13.35 acres, (gross), more or
less.
TO AN R-1 CH (ONE FAMILY DWELLING-CHURCH ZONE:
That portion of the right-of-way for the
Arvin-Edison Intake Canal lying within
the northeast quarter of Section 27,
T.30S., R.27E., M.D.B.&M., Kern County,
California, and the east 600 feet that
portion of the northeast quarter of said
Section 27, lying southerly of the
Arvin-Edison Intake Canal.
EXCEPTING THEREFROM the south 527 feet
thereof.
Containing 18.12 acres (gross), more or
less.
TO AN R-3 (LIMITED MULTIPLE-FAMILY
DWELLING) ZONE:
The south 527 feet of the east 600 feet
of the northeast quarter of Section 27,
T.30S., R.27E., M.D.B.&M., Kern County,
California.
Containing 7.26 acres, (gross), more or
less.
- 2 -
Approval of the above zone changes is made subject to
the conditions for the entire subject site and for each requested
zoning district as listed below:
ao
Conditions applicable to the C-2 (Commercial), R-1 CH
(One Family Dwelling, Church) and R-3 (Limited
Multiple-Family Dwelling) zoning districts sites:
1)
A masonry wall provided by the applicant shall be
located along the southerly and westerly right-of-way
of the Arvin-Edison Canal in-lieu of placing the
masonry wall along the commercial residential zoning
district interface.
2)
Applicant shall submit archaeological survey to
California Archaelogical Inventory - California State
University, Bakersfield prior to grading and conform
any mitigation measures which may be required.
3)
Applicant shall provide a minimum width of ten (10)
feet of landscaped area along $tine Road and Panama
Lane, and seven and one-half (7-½) feet of landscap-
ing along unmanned major collector measured from back
of sidewalk toward property.
4)
Applicant shall provide complete landscaped median
islands, including automatic irrigation system, on
Stine Road and Panama Lane. Plans shall be approved
by the City Engineer prior to installation.
5)
A habitat conservation plan interim mitigation .fee
shall be paid prior to issuance of a building permit.
The fee will be based on the current adopted charges
at the time of issuance of the building permit. The
current fee is $680 per gross acre.
In addition, the applicant shall consult the following
advisory notice prepared by the U.S. Department of the
Interior, Fish and wildlife Service with regard to
potential impacts on the San Joaquin Kit Fox.
ADVISORY NOTICE
The San Joaquin kit fox (Vulpes ~acrotis mutica), a
federally-listed endangered species, exists throughout the
Bakersfield metropolitan area. Kit foxes excavate dens as
shelter, to raise pups, and to escape from predators such as
coyotes. Denning sites may occur on vacant lots in the
Bakersfield area where development is planned.
- 3 -
The City of Bakersfield and County of Kern are currently
developing a regional conservation plan that will balance future
urban growth with the conservation of the San Joaquin kit fox and
other sensitive plants and animals. While this plan is being
developed, specific measures are underway to minimize disturbance
to the San Joaquin kit fox and offset any loss of habitat result-
ing from ongoing construction actions. As a part of this effort,
you are required to undertake the following specific protection
measures for the kit fox:
Prior to ground disturbance, surveys for the project
area for kit fox denning sites should be conducted
by a biologist familiar with this species. A par-
tial list of biologists and consulting firms that
are qualified to undertake such surveys is attached
for your convenience.
Any kit fox dens located on-site that will be una-
voidably destroyed by project actions should be
carefully excavated using hand tools. A biologist
familiar with this species should be hired to either
undertake or oversee the den excavation. Any kit
foxes in residence should be allowed to escape
unhindered. Dens should be completely excavated and
subsequently filled to prevent later use by kit
foxes prior to on-set of project construction.
As a means of offsetting the unavoidable loss of
endangered species habitat associated with
development, a fee is required by the City or
County. This fee is being assessed upon submittal
of a building permit. Specific fee amounts will
vary with the size of planned project development.
Should you have any questions regarding these measures,
please contact Ms. Michelle Suverkrubbe of the City of Bakersfield
Planning Department, 1501 Truxtun Avenue, Bakersfield, California
93301 (805/326-3733).
(Prepared by United States Department of the Interior,
Fish and Wildlife Service.)
5)
Prior to issuance of a building permit, a maintenance
district shall be established to include the project
site, or the project site shall be annexed into an
existing district, or the applicant shall provide an
alternate means of maintenance which is acceptable
to the city for providing maintenance funds for parks,
6)
walls, landscaping in the median island of Stine Road
and Panama Lane, the ten (10) foot landscaped area
along Panama Lane and $tine Road, the seven and one-
half (7-1/2) foot landscaped area along the unnamed
collector, the chain link fence along the east ~side
of the Farmer's Canal.
This site is south of the limits of streets shown on
the Circulation Element of the general plan. The
Circulation Element shall be amended to include the
following streets and corresponding designations as
reflected in the proposed 2010 General Plan:
Panama Lane
Stine Road
Unnamed street 1/2 mile south
of Panama Lane
Major Arterial
Major Arterial
Major Collector
Because of the realignment of Panama Lane adjacent to
Arvin-Edison Canal, additional right-of-way on the south
side shall be required.
The following offers of dedications shall be required:
8)
An additional right-of-way on Panama Lane
(approximately 45 feet) and Stine Road
(approximately 25 feet).
90-foot right-of-way for major collectors intersect-
ing Stine Road.
Required dedications or offers of dedication shall be
submitted prior to the first subdivision, develop-
ment or sale of any legal parcel.
All dedications shall include the quitclaim or
subordination of rights to the city by all interest
and easement holders having the right to place facil-
ities 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 appro-
priate by the City Engineer.
Prior to recordation of the first subdivision or
development, except for the city project, the appli-
cant shall enter into an agreement with the city and
post approved security for construction of half width
on Panama Lane and half width on Stine Road to major
arterial standards, full median islands and a minimum
9)
10)
of one lane north bound on Stine Road and a minimum
of one lane west bound on Panama Lane adjacent to the
proposed project.
Improvements at the intersection of Panama Lane and
Stine Road shall be constructed to conform to the
full expanded intersection design.
The applicant shall pay a proportionate share of
future traffic signals in the project area based upon
the trip distributions presented in the traffic
study. The need for said signals will be accelerated
by the proposed development.
Prior to recordation of the first subdivision or
development, the applicant shall enter into an agree-
ment with the city and post approved security to
guarantee payment of his share of costs involved in
traffic signal construction at the following
intersections:
INTERSECTION
SHARE
PORTION
OF SIGNAL
($120,000)
A. Pacheco and Stine 5.40 % $ 6,480
B. Harris Rd & Stine Rd 6.70 8,040
C. Panama Ln & Stine Rd 11.30 13,560
D. 1/3 mi s/o Panama &
Stine Rd 11.90 14,280
E. Berkshire Rd & Stine Rd 8.00 9,600
iF. Hosking Ave & Stine Rd 7.70 9,240
G. McKee Rd & Stine Rd 9.50 11,400
H. Harris Rd & Akers Rd 2.20 2,640
I. Panama Ln & Akers Rd 6.30 7,560
3. Harris Rd & wible Rd 0.40 480
K. Panama Ln & Wible Rd 4.80 5,760
L. Hosking Ave & Wible Rd 0.70 840
M. Panama Ln & Ashe Rd 5.70 6,840
$ 96,720
Payment shall be made to the city upon demand at the time
said funds are required for signal construction.
11)
Prior to issuance of a building permit, except for
the city project, or recordation of a tract or parcel
map, each developer or subdivider shall pay his pro-
portionate share for the cost of bridge widening on
Arvin-Edison Canal at Stine Road .and at Panama Lane.
This fee will be based on acreage and the amount to
be determined at the time of subdivision or
development.
12)
A drainage study of the entire site shall be submit-
ted to and approved by the City Engineer prior to ANY
development, except for the city project, or record-
ation of any subdivision map.
Retention basin sites shall be deeded to the city and
s~all be located, all as approved by the City
Engineer, in order to facilitate the combination of
drainage sites, thereby reducing the number of
smaller, independent, retention basins.
Conditions applicable to the proposed C-2 (Commercial)
zoning district site:
1)
A chainlink fence and landscaping provided by the
applicant shall be located along the northerly and
easterly right-of-way of the Arvin-Edison Canal.
2)
Along the commercial frontages of Panama and Stine,
applicant shall provide a 10-foot width of landscap-
ing with a mound undulating to three feet and irriga-
tion drainage/runoff diverted to on-site drainage
(catch basins).
Evergreen trees shall be planted and maintained
along the south and west property lines to provide a
minimum 12-foot high screen at tree maturity.
All lights (indoor and outdoor) shall be limited in
mounting height and shielded away from residential
uses in order to protect residential privacy and cre-
ate the least social and psychological disturbance/
stress to adjacent residents.
All air conditioning units, blowers, etc., shall be
arranged and designed to shield noise and view from
residential structures west and south of the project
area.
- 7 -
Condition applicable to the proposed R-1 CH (One Family
Dwelling, Church) and R-3 (Limited Multiple-Family
Dwelling) zoning district sites:
1)
For the zoned property, applicant shall either dedi-
cate park land at a rate of 2.5 usable acres per
1,000 population at a site approved by the city or
pay in-lieu fees. Areas developed as a church are
exempt from park dedications and in-lieu fees.
Condition applicable to the R-1 CH (One Fanlily Dwelling,
Church) zoning district site:
1)
An eight (8) foot masonry wall shall be
the west and north property line of the
site.
located along
fire station
SECTION 2.
This ordinance shall be posted in accordance with the
City Charter provisions and shall become effective upon the
annexation of the above-described territory to the City of
Bakersfield, but 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 May 31~ 1989 __, by the
following vote:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED May 31, 1989
CLARENCE E. MEDDERS
MAYOR of the City of Bakersfield
~RT~[HUR J/ Stk~rL~l[IEL~ / ( -
AjiITy ATT R~f~hTit~ Of/meg ~ Bakersfield
Attachment
Exhibit "A"
A ANEX 5
ZUASTIN6.1
5/09/89
- 9 -
ZONING UPON ANNEXATION
4848
C/'f y
County
R-2 C -2 -D
PANAMA
22 23
2G
LANE
R-I
COUNTY A
1 ACRE FIRE STA. SITE
FROM COUNTY A':;:: I~J
TO R-I-CH :i:i: =:
I-
COUNTY
E(5)RS
4O0
I
'SCALE IN FEE~'
EXHIBIT A
COUNTY
A
T305, R27E
APPLICANT: JOHN ANTONGIOVANNI
From County A to City C:~2 13.3~. ac,
From County A to City R-1-CH 18.04 ac.
From County A to City R-3 7.26 ac.
ASrIDAVIT OF POSTING DOCUMEN~o
*************-**2***
STATE OF CALIFORNIA)
) ss.
County of Kern)
CAROL WILLIAMS,
That she is the
of Bakersfield;
Being duly sworn, deposes and says:
duly appointed, acting and qualified City Clerk of the City
and that on the 12th day of June ., 1989 she
posted on the Bulletin Board at City Hall, a full, true and correct copy c£
Ordinance No. 3230 , passed by the Bakersfield
a meeting held on the 31th day of May , 1!)89 ,
the following:
City Council at
and entitled:
AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING
SECTION 17.06.020 OF CHAPTER 17.06 (ZONING ~AP) OF THE MUNICIPAL
CODE OF THE CITY OF BAKERSFIELD REGARDING PREZONING OF PROPERTY
KNOWN AS THE STINE NO. 6 ANNEXATION (WARD 6).
NSAOPD
/s/ CAROL WILLIAMS
CITY CLERK of the City of Bakersfield
DEPUTY City ClerkZ~