HomeMy WebLinkAboutORD NO 3266ORDINANCE NO. 3266
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 AT THE
SOUTHEAST CORNER OF PANAMA LANE AND SOUTH
"H" STREET BY MODIFYING CONDITIONS 10, 14,
15 AND 16, SET FORTH IN ORDINANCE NO. 3101
NEW SERIES RELATED TO STREET IMPROVEMENT.
WHEREAS, in accordance with the procedure set forth in
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 properties in the
City of Bakersfield located at the southeast corner of Panama
Lane and South "H" Street; and
WHEREAS, by Resolution No. 39-89 on October 19, 1989,
the Planning Commission recommended approval and adoption of an
ordinance amending Title 17 of the Municipal Code to modify
conditions 10, 14, 15 and 16 related to street improvement which
had been required under Ordinance No. 3101 New Series listed in
Exhibit "A" attached hereto and a made a part hereof, by this
Council and this Council has fully considered the findings 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 by modifying conditions 10, 14, 15 and 16 which had been
required under Ordinance NO. 3101, and the Council has considered
said findings 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 changes in zoning of said properties,
that zone change should be ~uthorized; and
WHEREAS, the provisions of CEQA have been followed; and
WHEREAS, the City Council has considered and hereby
makes the following findings:
1. That public necessity, convenience, general wellfare
and good zoning practice justify the change of zone.
2. This proposed amendment to the zoning ordinance is
consistent with the Bakersfield Metropolitan Area General Plan.
3. That all required public notices have been given.
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. For Parcels "A" and "B", described below, the condi-
tions 10, 14, 15 and 16 as set forth in Ordinance No. 3101 New
Series, hereto attached as Exhibit "A" and made a part hereof,
are hereby amended to read as follows:
PARCEL "A"
Those portions of Lots 7 and 8 of the
Berkshire Farm Tract recorded in Book
of Maps at. page 38 in the Kern County
Recorder's Office more particularly
described as follows:
The west 905.00 feet of
the west 905.00 feet of
feet of said Lot 8.
said Lot 7; also
the north 35.00
PARCEL "B"
Those portions of Lots 7 and 8 of the
Berkshire Farm Tract recorded in Book
of Maps at page 38 in the Kern County
Recorder's Office more particularly
described as follows:
Said Lot 7 excepting the west 905.00 feet
therefrom.
- 2 -
Also Lot 8 excepting the west 905.00 feet
of the north 35.00 feet therefrom.
Also excepting the south 165.00 feet
therefrom.
(Condition numbers correspond to City Council Ordinance No. 3101
New Series.)
10.
Median islands shall be constructed on Panama Lane and on
South "H" Street. The owner of the residential property
shall be responsible for constructing the portion of the
median island fronting the boundary of the residential sub-
division and the owner of the commercial property shall be
responsible for constructing the median island fronting the
boundary of the commercial property. Funds for constructing
the median island improvements fronting the boundary of the
residential subdivision shall be deposited with the Public
Works Department prior to issuance of first building permit.
The cost of the median island improvements fronting the
boundary of the commercial property shall be bonded for in a
form acceptable by the City Attorney so that the improve-
ments for both the residential and commercial property can
be completed within 18 months after acquisition of the
right-of-way by the City around the P.G.&E. substation
located on the southwest corner of South "H" Street and
Panama Lane. A security instrument shall be recorded
against the commercial property so that future owners will
be aware of their obligation to construct the median island
improvements and other South "H" Street improvements.
14.
With city acquisition of additional right-of-way on Panama
Lane and on South "H" Street adjacent to the P.G.&E. substa-
tion at the southwest corner of the intersection, the
commercial property owner shall construct standard curb and
gutter, sidewalk, and street paving tie-in on Panama Lane
concurrently with the city improving South "H" Street.
These improvements shall be constructed within 18 months
after acquisition of the right-of-way from P.G.&E.
15.
Upon development or subdivision of the C-1 area (P.C.D.
required) or the remaining R-1 portion, the south half of
Panama Lane shall be constructed to arterial standards with
curb and gutters, and street paving, from South "H" Street
to west boundary of Tract 4831. Sidewalks will be required
but may be deferred until development of adjacent property.
The improvements fronting the commercial property shall be
secured in a form acceptable to the City Attorney so that the
improvements will be completed concurrently with the construc-
tion of the improvements fronting the P.G.&E. substation.
- 3 -
16.
Additional paving will be required on the north half of
Panama Lane from South "H" Street to the west line of Tract
4615. The additional paving required on the north half of
Panama Lane consists of an unimproved strip approximately 20
feet wide and 450 feet long between existing paved areas.
Note: These improvements will not be required as a con-
dition of approval for a parcel map dividing the property
into three parcels along the zone lines.
Upon development or subdivision of the residential or
commercial areas respectively, the east half of South "H"
Street fronting the respective property shall be constructed
to arterial standards with curb and gutter, street paving,
and sidewalk from Panama Lane to the north right-of-way line
of the Arvin-Edison Canal. Again, sidewalks are required
but may be deferred until development on the adjacent
property. The improvements fronting the commercial property
shall secured in a form acceptable to the City Attorney so
that the improvements will be completed concurrently with
the construction of the improvements fronting the
P.G.&E. substation.
Note: These improvements will not be required as a con-
dition of approval for a parcel map dividing the prop-
erty into three parcels along the zone lines.
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.
.......... 000 ..........
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 November 29, 1989 , by the
following vote:
( /
ASSISTANT CITY CLERK and-Ex O~icib Clerk of
Council of the City of Bakersfield
the
APPROVED November 29, 1989
CLARENCE E. MEDDERS
MAYOR of the City of Bakersfield
APPROVED as to form.
~A~TH UR
LCM/meg
Attachments
Bakersfield
Exhibit "A" - Ord. #3101 N.S.
Exhibit "B" - Map - Z.C. 4923
00RD 4
ZC.AMEND1
11/8/89
- 5 -
EXHIBIT A
ORDINANCE NO. 3101 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 ON THE
SOUTHEAST CORNER OF PANAMA LANE AND SOUTH
"H" STREET FROM R-1 (ONE FAMILY DWELLING)
ZONE TO A C-1 (LIMITED COMMERCIAL) ZONE AND
FROM AN R-1 (ONE FAMILY DWELLING) ZONE TO
AN R-2 (LIMITED MULTIPLE-FAMILY DWELLING)
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 on the southeast corner
of Panama Lane and South "H" Street from R-1 (One Family
Dwelling) zone to an R-2 (Limited Multiple-Family Dwelling) 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 R-1 (One
Family Dwelling) zone to an R-2 (Limited Multiple-Family
Dwelling) zone subject to a restriction on the maximum number of
dwelling units (125) and other conditions, and the Council has
considered said findings 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 pro-
ject; 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 proper-
ties, that a zoning change should be authorized; and
WHEREAS, the City Council has
the proposed zoning is consistent with
City of Bakersfield.
determined and found that
the General Plan of the
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 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 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-1 (ONE FAMILY DWELLING) ZONE TO
A C-1 (LIMITED COMMERCIAL), OR MORE
RESTRICTIVE ZONE:
The west 905.00 feet of Lot 7 and the west
905.00 feet of the north 35.00 feet of
Lot 8 of the Berkshire Farm Tract recorded
in Book 1 of Maps at Page 38 in the Kern
County Recorder's Office.
Contains approximately 14.44 gross acres;
FROM AN R-1 (ONE FAMILY DWELLING) ZONE TO
AN R-2 (LIMITED MULTIPLE-FAMILY DWELLING)
OR MORE RESTRICTIVE ZONE:
The west 905.00 feet of Lot 8 of the
Berkshire Farm Tract recorded in Book 1
of Maps at Page 38 in the Kern County
Recorder's Office;
Excepting the north 35.00 feet and the
south 165.00 feet therefrom.
Containing 9.60 gross acres.
Said rezoning to be conditioned as follows:
No permit for development of the property
rezoned C-1 by this ordinance shall be issued
until a P.C.D. zone has been adopted for the
entire C-1 property;
- 2 -
The maximum number of dwelling units allowed on
the 9.6 gross acres hereby rezoned shall be 125;
Development (including subdivision of the pro-
perty) shall be subject to the conditions of
approval listed in Attachment 2.
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 ..........
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 20, 1987 , by the
following vote:
AY£-~: COUNCILMEMBERS: CHILDS, CHRISTEN'-~EN, ~ RATI'Y, MOORE, DICKERSON. SALVAGGIO
NOES'. COUNCILMEMBERS: ,.0 _ ,~, ,~
ABSENT: COUNCILMEMBERS: ~ I~
/S/ CAROL WILLIAMS
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
May 20, 1987
/S/ THOMAS A. PAYNE
MAYOR of the City of Bakersfield
APPROVED as to form:
/S/ RICHARD J. OBERHOLZER
CITY ATTORNEY of the C~ty of Bakersfield
AJS/meg
G GPA 5
O.GPA. 1
Attachment 2
(Supersedes Attachment A1)
Conditions of Approval
PROJECT: GPA 1-87, Segment III and Zone Change 4555
(Previously GPA 4-87, Segment III)
In order to mitigate potential impacts resulting from shopping
center development and proximity to residential zones and uses,
the following conditions of approval are:
A maximum of 125 multiple-family dwelling units will be
allowed on 9.6 acres Medium Density Residential portion.
There will be a maximum of 14.4 gross acres of commercial
property subject to PCD zone. (Including adjacent Kern
Island Canal easement.)
Subject to approval of GPA 1-87, Segment III, the commer-
cial designation portion shall be rezoned to a C-1
"holding" zone. A PCD zone must be approved prior to
development of the commercial property.
Upon development of commercial property, the 8-foot
(eight) high continuous block wall to the east and south
shall be constructed immediately upon final grading of
site and watering techniques will be utilized during all
grading to reduce noise and dust problems associated with
the proposed retail development. No building permit
for commercial property (except for block wall) shall be
issued until said block wall is completed.
All air conditioning units, blowers, etc. on commercial
property shall be arranged and designed to shield noise
and view from all the streets and residential structures
east and south of the project area.
All lights, along the east and south property line visi-
ble from residential property (indoor and outdoor), shall
be limited in mounting height to a maximum of 8-foot from
ground level and shielded away from residential uses.
Prior to final building inspection of any commercial
structure, minimum 15 gallon size evergreen trees shall
be planted 30 feet on center and maintained along the
east and south property lines which are adjacent to R-1
and R-2 zoned property. Trees shall proyide a minimum
15-foot high screen at tree maturity. Minimum five (5)
foot landscape strip along east and south property lines
shall be installed and maintained along the commercial
side of the wall.
Attachment A2
Page 2
e
10.
11.
12.
13.
14.
On commercial property trash dumpsters shall not be
located within 24 feet of R-1 and R-2 zoned property on
the east and south sides. Refuse containers shall be
screened from view.
Prior to the issuance of any building permit on any par-
cel, including the R-1 area, or within two years of
Council approval of this GPA, whichever occurs first, the
applicant shall post with the City Engineer a bond, paya-
ble to the City in the amount of $25,000 to assure pay-
ment of the developer's share of the cost of the
installation of a traffic signal at the intersection of
Panama Lane and South "H" Street. Payment shall be made
to the City upon demand by the City for construction of a
traffic signal.
Median islands shall be constructed on Panama Lane and on
So. "H" Street as part of the street improvements
required for development of the property.
Vehicular access to South "H" Street from the R-2 site
shall be limited to one location, whether that access is
via a public street, private street, access easement,
driveway, etc.
Prior to issuance of a building permit or filing of a
final subdivision map, the applicant shall dedicate a
waiver of direct vehicular access rights to: South "H"
Street from the south right-of-way line of Panama Lane to
300 feet south; and, Panama Lane from the east right-of-
way line of South "~" Street to 200 feet east.
Prior to issuance of a building permit or recordation of
a subdivision map on any portion of the entire 40-acre
site, the applicant shall offer for dedication to arte-
rial standards additional right-of-way on Panama Lane
from South #H" Street to the west line of Tract 4831 and
on South "H" Street from Panama Lane to the Arvin-Edison
Canal.
With City acquisition of additional right-of-way on
Panama Lane and on South "~" Street adjacent to the P.G.&E.
substation at the southwest corner of the intersec-
tion, the applicant shall construct standard curb and
gutter, sidewalk, and street paving tie-in on Panama Lane
concurrently with the City improving South "H" Street.
Attachment A2
Page 3
15.
16.
17.
18.
19.
Upon development or subdivision of the proposed C-2 area
or the remaining R-1 portion, the south half of Panama
Lane shall be constructed to arterial standards with curb
and gutters, and street paving, from South "H" Street to
west boundary of Tract 4831. Sidewalks will be required
but may be deferred until development of adjacent pro-
perty.
Additional paving will be required on the north half of
Panama Lane from South "H" Street to the west line of
Tract 4615. The additional paving required on the north
half of Panama Lane consists of an unimproved strip
approximately 20 feet wide and 450 feet long between
existing paved areas.
Note: These improvements will not be required as a con-
dition of approval for a parcel map dividing the property
into three parcels along the zone lines.
Upon development or subdivision of the proposed R-2 or
proposed C-2 areas, the east half of South "H" Street
shall be constructed to arterial standards with curb and
gutter, street paving, and sidewalk from Panama Lane to
the north right-of-way line of the Arvin-Edison Canal.
Again, sidewalks are required but may be deferred until
development on the adjacent property.
Note: These improvements will not be required as a con-
dition of approval for a parcel map dividing the property
into three parcels along the zone lines.
A comprehensive drainage plan of the proposed C-2, pro-
posed R-2, and remaining R-1 properties shall be submit-
ted to and approved by the City Engineer prior to
issuance of a building permit or recordation of a subdi-
vision map on any portion of the properties.
If it's determined by City Engineer that the Fairview
Planned Drainage Area facilities can't be utilized, then
an on-site stormwater retention basin will be required
for the entire property, or the developer may participate
in a proposed planned drainage area utilizing the Kern
Island Canal as a stormwater conduit and pay all applica-
ble fees proposed for the planned drainage area.
A six-foot (6) chain link fence or equivalent shall be
installed adjacent to any uncovered canals, making the
canal inaccessible to small children at time of first
building permit issuance.
Attachment A2
Page 4
20.
21.
An Acoustical Consultant shall design the structures
within the project to mitigate noise exposures of 60 dB
or greater in accordance with the CNEL Contours and Title
24 of the California Administrative Code.
Park land dedication and/or in-lieu fee payment shall be
required from proposed subdivision developments.
p/crs3.2
ZONE CHANGE 4923
PANAMA
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SCALE IN FEET
BERKSHIRE
LANE
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EXHIBIT B
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EPCO INC.
Modify Conditions of
Approval on 40 acres
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) 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 the 5th day of Decmeber , 19 89 she
posted on the Bulletin Board at City Hall, a. full, true and correct copy of
the following: Ordinance No.
City Council at a meeting held on the
and entitled:
3266 , passed by the Bakersfield
29th day of 'November , 19 89,
ORDINANCE 3266 N.S.
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 at the
Southeast Corner of Panama Lane and South
"H" Street by modifying conditions 10, 14,
15 and 16, set forth in Ordinance No. 3101
New Series related to street improvement.
NSAOPD
/S/ CAROL WILLIAMS
CITY CLERK of the City of Bakersfield
~x~3i~x~ ////
ASSISTANT CITY CIgRK