HomeMy WebLinkAboutORD NO 4098ORDINANCE NO. 4 0 9 8
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 101-
35 BY CHANGING THE ZONING FROM A (AGRICULTURE) TO
AN E (ESTATE) ZONE ON 20 ACRES LOCATED AT THE
SOUTHWEST CORNER OF BRIMHALL ROAD AND JENKINS
ROAD. (GPA 02-0609) (Ward 4).
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 being annexed to the City of
Bakersfield located along the north side of Ming Avenue to June Avenue, generally west of Anita
Lane.
WHEREAS, by Resolution No. 117-02 on September 19, 2002, the Planning Commission
recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to
approve an E (Estate) zone as delineated on attached map marked Exhibit "B", 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 a A (Agriculture) to E (Estate) zone 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 fodh 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 for the proposal was advertised and posted on August
12, 2002, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows single family residential
development; and
WHEREAS, the City Council has considered and hereby makes the following findings:
The above recitals and findings are true and correct and constitute the findings of the
Planning Commission in this matter.
2. All required notices have been given.
The provisions of the California Environmental Quality Act (CEQA) have been
followed.
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 Negative
Declaration was prepared and sent to responsible agencies and property owners
within 300 feet of the project site. A Negative Declaration was prepared for this
project in accordance with CEQA.
5. That infrastructure exists or can easily be provided to accommodate the types and
intensities of the proposed development.
That water, sewer and electrical utilities have been constructed and extended along
Brimhall Road, along the northern frontage of the project site.
A substantial change has occurred in circumstances that necessitate a departure
from the zoning that was in affect at the time of annexation of the project site. The
project site was annexed to the City on January 11,2002.
The public necessity, general welfare and good zoning practice justify the
recommended change of zone to E (Estate) zone on 20 acres located at the
southwest corner of Brimhall Road and Jenkins Road.
The project site, with prior approval of General Plan Amendment No. 02-0609, is
designated SR (Suburban Residential) on the Metropolitan Bakersfield 2010 General
Plan Land Use Plan.
10.
The recommended zone change will reflect the previously adopted General Plan
Amendment No. 02-0609.
11. The recommended zone change is compatible with the surrounding uses.
12.
The recommended zone change is consistent with the Metropolitan Bakersfield 2010
General Plan, subject to prior approval of General Plan Amendment No. 02-0609.
13.
That the applicant by prior agreement agreed to comply with all adopted mitigation
measures contained within the Negative Declaration for this project.
14.
That Zone Change No. 02-0609 is hereby approved as recommended by staff with
mitigation measures adopted in the Negative Declaration.
15.
That Section 17.06.020 (Zoning Map) of the Municipal Code of the City of
Bakersfield be amended by changing the land use zoning E (Estate) zone on 20
acres on Map No. 101-35, of that certain property in the City of Bakersfield as
described in Exhibit "C" herein attached.
16.
That Zone Change No. 02-0609, as outlined above, is hereby recommended for
approval with mitigation and conditions of approval shown on Exhibit "A", subject to
prior approval of General Plan Amendment No. 02-0609.
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 the City, the boundaries of which property is shown on the map marked
Exhibit "B" attached hereto and made a part hereof, and are more specifically
described in attached Exhibit "C".
That water, sewer and electrical utilities have been constructed along Brimhall Road,
along the northern frontage of the project site.
That a substantial change has occurred in circumstances that necessitate a
departure from the zoning that was in affect at the time of annexation of the project
site.
Such zone change is hereby made subject to the conditions of approval listed in
attached Exhibit "A", and subject to prior approval of General Plan Amendment No.
02-0609.
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.
......... oOo ........
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 NOV 2 0 ZI10~ by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
APPROVED
NOV g 0 Z0OZ
CITY CLERK and Ex Officio C/(/~rk of the
Council of the City of BakersfieTd
HAR~EY,~.. H~,LL- - ~- '~"
MAYOR of the City of Bakers~freld
APPROVED as to form:
BART THILIGFI~~
City Attorney /
S:\GPA 3rd Qtr 2002\02-0609\Re$\ozc-cc doc
3
EXlHIBIT A
Conditions of Approval
EXHIBIT A
Conditions and Mitigation Measures
General Plan AmendmentJZone Change No. 02-0609
Cultural Resources:
If human remains are discovered at any time on the project site, work shall halt and the Kern
County Coroner shall be notified immediately (Section 7050.5 of the Health and Safety Code).
In the absence of an archaeological monitor, a qualified archaeologist and the local Native
American community, shall be notified. If any other archaeological artifacts are discovered
during site development, all work shall stop until the find has been evaluated by a qualified
archaeologist or historian. (Mitigation Measure).
Public Works:
Prior to submittal of a development plan1 subdivision map, or application for a parcel map
waiver, lot line adjustment, or parcel merger, submit to the City Engineer for his review and
approval the following:
2.2
provide a drainage plan that consolidates drainage from this site and the adjacent
development to the west.
2.3
fully executed offers of dedication for Brimhall Road to arterial standards, and, should
the Circulation Element Amendment not be approved and Jenkins Road remain a
collector, then also submit fully executed offers of dedication for Jenkins Road to
collector standards, including expanded intersections. (Mitigation Measure).
With development or division of the property adjacent to Brimhall Road, pay median island fees.
(Mitigation Measure).
There shall be no access to Brimhall Road. Access to development or division shall be from the
collector or local streets. (Mitigation Measure).
The entire area covered by the General Plan Amendment shall be included in the Consolidated
Maintenance Disthct. The applicant shall pay all fees for inclusion in the Consolidated
Maintenance Distdct with submittal of any development plan, subdivision map, site plan review,
or application for a lot line adjustment for any portion of this GPA area. (Mitigation Measure).
6. Development within this General Plan Amendment area
6.1 will be subject to the adopted Regional Traffic Impact Fee.
6.2
will pay its share of the Brimhall Road trunk sewer fee. The fee shall be paid prior to
recordation of a final map, final parcel map, or certificate of compliance. (Mitigation
Measure).
Bdmhall Road and Jenkins Road shall be constructed with the first development. (Mitigation
Measure).
Exhibit A
Conditions/Mitigation
GPNZC 02-0609
Page 2
As a result of a neighborhood meeting and comments received, staff has developed the
following conditions:
8.1 For fire safety and circulation reasons, there must be at least one access point from the
General Plan Amendment]Zone Change area onto Jenkins Road. However, no more
than one access will be allowed onto Jenkins Road.
8.2 The access point shall be located nodh of Appaloosa Avenue and shall not line up with
Appaloosa Avenue.
8.3 If the Circulation Element amendment is approved and Jenkins Road becomes a local
street, then a turn restrictor acceptable to the City Engineer shall be constructed at the
intersection of Jenkins Road and the new street from the General Plan
Amendment]Zone' Change area, restricting the turn movements to right-in and left-out
only. No right-turns will be allowed out of the General Plan Amendment/Zone Change
area. This restrictor will minimize the possibility of "cut-through" traffic on Appaloosa
Avenue. (Public Works Condition)
Vau hn Water Resources:
9. Based on the information available on August 8, 2002, Vaughn Water Company is capable of
supplying water for fire protection, in accordance with the requirements set forth by the Kern
County and/or City of Bakersfield Fire Departments. The potable water quality supplied to the
Vaughn Water Company users meets the State and County standards. (Condition by Vaughn
Water).
10. The developer of the site shall enter into a Tract Agreement with Vaughn Water Company to
provide for, among other things, payment for all costs connected with supplying the
development with water. The developer shall advise the Water Company at least three weeks
pdor to proceeding, in order to provide the developer with the form of Tract Agreement for
execution. Pursuant to the Tract Agreement, the developer's conb'actor, which is approved by
the Water Company, would install the system under conditions specified in the Tract Agreement.
In order to receive water service from Vaughn Water Company, under no conditions may water
service construction begin until the Agreement is fully executed and the developer has met the
conditions specified in the Tract Agreement. (Condition by Vaughn Water).
11. As specified in the Tract Agreement, a licensed civil engineer which is acceptable to the Water
Company would, on behalf of the developer, prepare the water plans and specifications. After
those plans and specifications have been approved by the Water Company's engineer and
general manager, they will be subject to further review and modification if construction is not
commenced pursuant to a Tract Agreement within six (6) months of approval of plans and
specifications~ (Condition by Vaughn Water).
Exhibit A
Conditions/Mitigation
GPA/ZC 02-0609
Page _3
12.
13.
Technical Considerations
A) Connect a twelve inch (12") main line to the exisbng ten 'rich (10") main line in Brimhall
Road and run it to the south end of the proposed development.
B) Run a ten inch (10") ma~n I~ne west and connect it to the existing ten inch (10") line at the
end of Southport in Tract 6038.
C) Extend a twelve inch (12") main line east to Jenkins Road.
(Condition by Vaughn Water).
The proposed traffic "calming" device at Meritage Street and Jenkins Road (shown on attached)
may be modified subject to the approval of the traffic engineer.
MO:dj~
S:\GPA 3rd Orr 2002~02-06ogkAdmin SR\Cond,Mit Revised Exh A doC
EXlHIBIT B
Location Map
..... '~ ~VO~ N]llV
EXIHIBIT C
Legal Description
LEGAL DESCRIPTION
FOR
GENERAL pLAN AMENDMENT AND ZONE CHANGE
The East half of the Northeast quarter of the Northwest quarter of Section 35, Township
29 South, Range 26 East, Mount Diablo Heridian, in the City of Bakersfield, County of
Kern, State of California,
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 21st day of November , 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 20th day of
and entitled:
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND ZONING
MAP NO. 101-35 BY CHANGING THE ZONING FROM A
(AGRICULTURE) TO AN E (ESTATE) ZONE ON 20
ACRES LOCATED AT THE SOUTHWEST CORNER OF
BRIMHALL ROAD AND JENKINS ROAD
4098 , passed by
November 2002
/s/PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
DEPU:I'Y- City Clerk