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HomeMy WebLinkAboutORD NO 3282ORDINANCE NO. 3 2 8 ~ 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 SOUTHEAST OF CALLOWAY DRIVE AND BRIMHALL ROAD FROM AN M-2 (GENERAL MANUFACTURING) TO AN R-1 (ONE FAMILY DWELLING) ZONE ON 93.75 +/- ACRES, FROM AN M-2 (GENERAL MANUFACTURING) ZONE TO A C-1 (COMMERCIAL) ZONE ON 10 ACRES AND FROM A-20A (AGRICULTURAL-20 ACRE MINIMUM LOT SIZE) ZONE TO AN R-1 (ONE FAMILY DWELLING) ZONE ON 2.27 ACRES. 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 that certain property in the City of Bakersfield located southeast of Calloway Drive and Brimhall Road; and WHEREAS, by Resolution No. 7-90 on February 1, 1990, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve an R-1 (One Family Dwelling) Zone on 93.75 +/- acres, a C-1 (Commercial) Zone on 10 acres and an R-1 (One Family Dwelling) Zone on 2.27 acres, as delineated on attached map, 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 a change of zoning of the subject property from an M-2 (General Manufacturing) Zone to an R-1 (One Family Dwelling) Zone, from an M-2 (General Manufacturing) Zone to a C-1 (Commercial) Zone and from an A-20A (Agricultural-20 Acre Minimum Lot Size) to an R-i (One Family D~{elling) Zone, 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 sideration of said petition and the recommendations of the Planning Commission herein on file, together with the advanced at the hearing for changes in zoning of said that zone changes should be authored; and con- reasons properties, WHEREAS, the subject site consists of lll +/- acres; and WHEREAS, the proposed development is low density resi- dential and commercial; and WHEREAS, the required public notices have been given; and WHEREAS, the provisions of CEQA have been followed~ and WHEREAS, the proposed rezoning will be consistent ~ith the Bakersfield Metropolitan Area General Plan, subject to prior approval of GPA 4-89 Segment I. WHEREAS, the City Council has considered and hereby makes the following findings: 1. That public necessity, convenience, general welfare and good zoning practice justify the zone changes; 2. That the proposed rezoning is consistent with tlhe Metropolitan General Plan of the City of Bakersfield subject to prior approval of GPA 4-89 Segment I and conditions of approval listed in the attached Exhibits "A" and "B". 3. That a Negative Declaration was duly filed and posted. 4. Based upon an initial environmental assessment, the project, including mitigation measures, will not have a sig- nificant adverse effect on the environment. A Negative Declaration with mitigation measures was advertised and post.ed on December 8, 1989 in accordance with CEQA. 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: - 2 - FROM AN M-2 (GENERAL MANUFACTURING) TO A C-1 (COMMERCIAL) ZONE: All that portion of the northwest quarter of Section 32, T29S, R27E, M.D.B.&M., City of Bakersfield, County of Kern, State of California, being described as follows: Commencing at the northwest corner of said Section 32; THENCE S 89010'29" east along the north line of said gection 32, a distance of 660.00 feet to the True Point of Beginning; THENCE continuing along said north line S 89010'29" east, 148.33 feet; THENCE S 00043'24" west, along a line parallel with the west line of said section, a distance of 808.33 feet; THENCE N 89010'29" west, along a line parallel with said north line of Section 32, a distance of 808.33 feet to said west line of Section 32; THENCE N 00o43'24" east, along said west line, a distance of 478.33 feet to the south line of the north 330.00 feet of said northwest quarter; THENCE $ 89°10'29" east, along said south line a distance of 660.00 feet; THENCE N 00°43'24" east, along a line parallel to said west line of Section 32, a distance of 330.00 feet to the Point of Beginning. Containing 10.00 acres, more or less. - 3 - FROM AN M-2 (GENERAL MANUFACTURING) AND FROM A-20A (AGRICULTURAL TWENTY- ACRE MINIMUM LOT) TO AN R-1 (ONE FAMILY DWELLING) ZONE: All those portions of Sections 31 and 32, T.29S, R.27E., M.D.B.&M., City of Bakersfield, County of Kern, State of California, being described as follows: Commencing at the northwest corner of said Section 32; THENCE S 00043'24" west, along the west line of said Section 32, a distance of 808.33 feet to the True Point of Beginning; THENCE continuing along said west line S 00043'24" west, 773.38 feet to the beginning of a curve concave to the northwest, having a radius of 1400.00 feet; THENCE southwesterly along said curve through a central angle of 48052'05" an arc distance of 1194.07 feet to a point on the east-west mid-section line of said Section 31; THENCE S 89°08'49" east, along said east- west mid-section line, a distance of 479.09 feet to the west quarter corner of said Section 32; THENCE S 89o08'02" east, along the east- west mid-section line of said Section 32, a distance of 1816.44 feet; THENCE N 00043'24" east, along a line parallel with the west line of said Section 32, a distance of 2638.57 feet to the north line of said section; THENCE N 89010'29" west, along said north line, a distance of 1007.55 feet to the east line of the west 808.33 feet of said Section 32; - 4 - THENCE S 00043'24" west, along a line parallel with the west line of said Section 32, a distance of 808.33 feet; THENCE N 89010'29" west, along a line parallel with the north line of said Section 32, a distance of 808.33 feet to the west line of said Section 32 and point of beginning. Containing 98.528 acres gross. SECTION 2. This ordinance shall be posted in accordance with the City Charter provisions and shall become effective thirty (1130) 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 ~A~ ~ ~ ~g§O , by the following vote: AYES; COUNCILMEMBERS EDWARDS, DeMOND, SMITH, BRUNNI, PE'rERSON, McDERMOTt, SALVAOGIO NOES; COUNCILMEMBERS: ABSENT COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS' CITY CLERK and ~x Officio Clerk of the Council of the City of Bakersfield APPROVED MAR 2 1 199~ MAYOR of the City of Bakersffield APPROVED as to form: ARTHUR $. SAAIfFIELD/ ' CITY ATi~ORNEY//of ~e,City of Bakersfield AJS/meg i Attachment Exhibit "A" Exhibit "B" Exhibit "C" O ORD 4 ZC.A-20A.1 2/28/90 - 6 - EXHIBIT "A" Mitigation Measures Included in the Negative Declaration GPA 4-89, Segment I and Zone Change #4949 The following mitigation measures are included in the Negative Declaration in order to avoid potentially significant adverse effects resulting from the proposed project, or to reduce the effects to less than significant levels. Non-Discretionary Animal Life Impact: There may be a change in diversity of species or number of species of animals on the project site. Mitigation: The City of Bakersfield is currently involved in development of a Habitat Conservation Plan (HCP). The Plan will be used to apply for a Section 10(b) permit from the U.S. Department of Interior Fish and Wildlife Services. The plan will address impacts and mitigation with respect to potential plant and animal species and urban development. The proposed project is subject to comply with H.C.P. In addition, the applicant should 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 macrotis mutica), a federally- listed endangered species, exists throughout the Bakersfield met- ropolitan 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. The City of Bakersfield and County of Kern are currently develop- ing 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 biolo- gist familiar with this species. A partial list of biol- ogists and consulting firms that are qualified to undertake such surveys is attached for your convenience. Exhibit A GPA 4-89, Segment I Page 2 Any kit fox dens located on-site that will be unavoidably destroyed by project actions should be carefully exca- vated 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 endan- gered 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 Services. Discretionary Transportation/Circulation Impact: There is no improved access to the project site. Calloway Drive south of Brimhall provides a drive for eight county residences on the western border of the site but does not extend the full length of the proposed development. Mitigation: Calloway Drive shall be constructed to arterial standards and align to the south with Old River Road pending the future construction of the Old River Road bridge across the Kern River. City Engineer shall approve the alignment, design of Calloway Drive and the appropriate time frame of bridge and road construction. The future "Westside Freeway" alignment shown on the Circulation Element of the general plan update extends along the south edge of this project and includes a full inter- change at Calloway Drive. Applicant shall reserve the right-of-way for said freeway (minimum width of 210 feet, expanded at interchanges) on its ultimate alignment, and no permanent structures shall be permitted within the setback area. 2. The applicant shall comply with all conditions regarding the project area stated in GPA 3-87, Segment I (attached). Exhibit A GPA 4-89, Seg. I Page 3 Construct Calloway Drive from Cross Valley Canal to Brimhall Road with full 1/2 width improvements on the east side (north bound) plus full median island and one lane on t'he west side (south bound). Provisions shall be made for future landscaping and irrigation of the median. Construct Brimhall Road from the east project area boundary to Calloway Drive with full 1/2 width improvements on t'he south side (east bound). Prior to any development or recordation of a subdivision map, the applicant shall enter into an agreement with the city and post approved security to guarantee payment of his share of costs, based on the increase in traffic to be gen- erated by the development or subdivision, as compared to that allowed under the Mcintosh general plan amendment and zone change involved in the Old River Road bridges at the Kern River and the Cross Valley Canal. Prior to any development or recordation of a subdivision map, the applicant shall enter into an agreement with the city and post approved security to guarantee payment of his share of costs based on the increase in traffic to be gener- ated by the development or subdivision, as compared to that allowed under the Mcintosh general plan amendment and zone change involved in the Coffee Road bridges at the Kern River and the Cross Valley Canal. Land Use Compatibility: Impact: There may be a significant impact close proximity of residential development ment and agricultural uses. resulting from the to commercial develop- Mitigation: Impacts resulting from commercial development will be addressed through C-1 zoning. Impacts relating to agricultural issues will be addressed through development phasing and review of tentative tracts. Conditions of approval for C-1 zoning and tentative tracts will include building setbacks, architectural design requirements, noise attenuation, etc. Revised 2/9/90 p/srslea · ' ,~[itions from GPA 3-87, Segment The following streets or intersections are impacted by the proposed project. The developer shall pay a fee based upon an engineers estimate approved by tile City Engineer to be paid at the time of development or filing of a final subdivision map. Said fee shall be the proportionate share per acre, based[ upon trip generation (for the 349-acre GPA area and the 147-acre zone change area), to modify with additional lanes or construct as follows: Coffee Road and Rosedale Highway (31% share*). The east, west and south legs shall be built to ultimate widths. Calloway Drive and Rosedale Highway (32% share*). The entire intersection shall be built to its ultimate width. Coffee Road and Truxtun Avenue (30% share*). Westbound, add an additional right turn lane (total of 2); southbound, add an additional through lane (total of 2) and add an additional left turn lane (total of 2); northbound, add two additional through lanes (total of 3). Langley Road, existing terminus to Coffee Road (100% share). In accordance with the Planning Commission committee recommendations, Langley Road shall be extended through to Coffee Road. Staff recommends reversing curves with minimum radii of 500 feet be used rather than the two 90 degree angled intersections shown on the plan. Brimhall Road at Calloway Drive (100% share). The entire intersection shall be built to its ultimate width and signalized. Additiona!~y, add an additional right 5urn lane northbound (total of 2) Bri~qall Road at Coffee Road (100% share). The entire intersection shall be built to its ultimate width and signalized. Additionally, add an additional right turn lane southbound (total of 2) and an additional right turn lane eastbound (total of 2). Ultimate intersection widths consists of 3 through lanes, 2 left turn lanes and 1 separate right turn lane or major arterial approaches; 2 through lanes, 2 left turn lanes and 1 separate right turn lane on major collector approaches. The developer shall modify the traffic signals as required to accommodate the intersection lane additions. Shows added percentage because of land use change for GPA 4-89, Segment I. (Original GPA requested 30% at Coffee & Rosedale, 29.1% at Cailowa]~ Drive and Rosedale, and 28.2% at Coffee Road and Truxtun Ave.) a: gpa3.87 EXHIBIT "B" Conditions of Approval GPA 4-89, Segment I Zone Change 4949 Non-Discretionary A habitat conservation plan interim mitigation fee shall be paid prior to issuance of a building permit. The current fee is $680 per gross acre. The developer shall pay fees to the affected elementary school districts and the Kern High School District. The fees are to be distributed as construction occurs and are based on Government Code Section 65995 (currently $1.56 square feet residential and $0.26 square feet commercial). The actual amount of fees would be based on the fee in effect at time of construction and the final approved project. Discretionary Conceptual development plans depicting proposed land use density and building intensity (zoning), park sites, school site(s), circulation, phasing, and Brimhall Road and Calloway Drive landscaping shall be submitted to the Planning Commission for approval prior to consideration of any resi- dential land division within the project area. If a single tentative map is filed which covers the entire general plan amendment area showing all facilities, then no conceptual plan is required. Subdivider/developer shall dedicate park land at the rate of three usable acres per 1,000 population for a park south of Brimhall Road. As an example, an estimated population of 1.401 thousand x 3 acres = 4.206 acres of park to be dedi- cated for a park south of Brimhall Road. A reservation shall be made to provide for an approximate 10-acre site comprised of required dedicated acreage from Tentative Tract 5245, required dedicated acreage from this GPA 4-89, Segment I, and the balance to be acquired by the North Bakersfield Park and Recreation District. Subdivider/developer shall provide a minimum width of ten feet of landscaped area behind sidewalk along the entire Calloway Drive and ten feet outside right-of-way along Brimhall Road street frontages. Landscaped commercial frontages of Calloway and Brimhall may have undulating mounds up to 30" high and irrigation drainage, runoff shall be diverted to on-site drainage (catch basins)· Exhibit B GPA 4-89, Segment I Page 2 10. 11. Subdivider/developer shall construct complete landscaped median islands, including automatic irrigation systems on Calloway Drive. Plans shall be approved by the City Engineer prior to installation. Site design shall comply with the Noise Element of the General Plan with special regards to residences located on the north, south and west boundaries adjacent to commercial activities and the westside freeway. Bike lanes and pedestrian way and access shall be provided for in the construction of Calloway Drive and the Old River Road Bridge providing access to the Kern River. Additional right-of-way may be required to be dedicated. As presented, the number of trips generated by this project is 17,078 ADT (an increase of 1,934 from the zoning allowed under the Mcintosh general plan amendment). The impact to the surrounding intersections would be increased as follows: a. Calloway Drive and Rosedale Highway (32%) with increase of 2.9%. b. Coffee Road and Rosedale Highway (31%) with increase of 1%. c. Coffee Road and Truxtun Extension (30%) with increase of 1.8%. (The first percentage shows the proportion of the developers share in the construction costs at various intersections, the second percentage shows the increase in fee assessment from GPA 3-87 (Mcintosh) paid by developer because of a change in land use.) The increase would be assessed to this GPA area only, and would be added to the fees developed for the entire Mcintosh area (1987 GPA). The developer shall reserve that portion of land reserved for the future freeway and interchange. This would reduce the low density residential area by approximately 14 acres which causes a reduction of the generated trips and no fees would be collected for the 14 acres. Offers of dedication will be required to allow for construc- tion to arterial standards for the southerly extension of Calloway Drive and to major collector standards for Brimhall Road. Such offers shall include sufficient widths for expanded intersections and additional areas for landscaping as directed by the City Engineer. Exhibit B GPA 4-89, Segment I Page 3 12. 13. 14. 15. 16. 17 The right-of-way width of a standard arterial is 110" with additional widening at intersections and additional area to permit landscaping. The right-of-way width of a standard major collector is 90' with additional widening at major intersections and additional area to permit landscaping. All offers of dedication, fully executed, shall be submitted to the city prior to development or recordation of any sub- division map within the GPA area. Construct transition areas as required by the City Engineer for all approaches to and departures from the new ultimate paved area. Depending upon the sequence of development, the developer may be required to construct portions of Brimhall Road and Calloway Drive fronting this property not immediately adja- cent to the area being developed. Access onto Calloway Drive will not be allowed from the pro- ject area between the right-of-way of the future freeway interchange and 200 feet north of the right-of-way of the interchange. All street paving sections are to be determined based on R- value tests, the number and location to be determined by the City Engineer, and using traffic index values established by the Traffic Engineer. The applicant shall submit a comprehensive drainage study. The drainage study should include, but not necessarily be limited to, drainage calculations, pipe sizes and locations, drainage basin sites and sizes, and construction phasing. The drainage study shall be submitted to and approved by the City Engineer prior to submittal of any tentative map. The required drainage basin sites and necessary easements shall be deeded to the city at the tract map stage. The developer shall reserve school site acreage in suffi- cient amounts to adequately accommodate future demand. The location of the site should be determined in conjunction with the school districts and other appropriate entities, such as City of Bakersfield, State Architect's office, etc. Exhibit B GPA 4-89, Segment I Page 4 18. 19. 20. 21. 22. 23. 24. The future "Westside Freeway" alignment shown on the Circulation Element of the general plan update extends along the south edge of this project and includes a full inter- change at Calloway Drive. The applicant shall reserve the right-of-way for said freeway (minimum width of 210 feet, expanded at interchanges) on its ultimate alignment, and no permanent structures shall be permitted within the setback area. The applicant shall comply with all conditions regarding the project area stated in GPA 3-87, Segment I (attached). Construct Calloway Drive from Cross Valley Canal to Brimhall Road with full 1/2 width improvements on the east side (north bound) plus full median island and one lane on the west side (south bound). Provisions shall be made for future landscaping and irrigation of the median. Construct Brimhall Road from the east project area boundary to Calloway Drive with full 1/2 width improvements on the south side (east bound). Prior to any development or recordation of a subdivision map, the applicant shall enter into an agreement with the city and post approved security to guarantee payment of his share of costs, based on the increase in traffic to be gen- erated by the development or subdivision as compared to that allowed under the Mcintosh general plan amendment and zone change, involved in the Old River Road bridges. at the Kern River and the Cross Valley Canal. Prior to any development or recordation of a subdivision map, the applicant shall enter into an agreement with the city and post approved security to guarantee payment of his share of costs based on the increase in traffic to be generated by the development or subdivision as compared to that allowed under the Mcintosh general plan amendment and zone change, involved in the Coffee Road bridges at the Kern River and the Cross Valley Canal. Subdivider/developer shall construct a six-foot high masonry wall located along the south and east property line separat- ing the commercial and residential zones. Evergreen trees shall be planted 30-foot on center with a 5-foot minimum median landscape width along the commercial side of the masonry wall separating the commercial and residential property. Evergreen trees shall be 24-inch box size and species shall be a minimum of 15-foot high at maturity. Exhibit B GPA 4-89, Segment I Page 5 25. All commercial outdoor lighting will be shielded (cutoff) and not shine on residential property. 26. Refuse containers on commercial property shall not be placed within 24 feet of residential property and shall be shielded from view of Calloway Drive and Brimhall Road and neighbor- ing residential properties. Revised 2/9/90 p/srsleb ~I~.d~tions from ©PA 3-87, Segment _ The following streets or intersections are impacted by the ]proposed project. The developer shall pay a fee based upon an engineers estimate approved by the City Engineer to be paid at the time of development or filing of a final subdivision map. Said fee shall be the proportionate share per acre, based upon trip generation (for the 349-acre GPA area and the 147-acre zone change area), to modify with additional lanes or construct as follows: Coffee Road and Rosedale Highway (31% share*). The east, west and south legs shall be built to ultimate widths. Calloway Drive and Rosedale Highway (32% share*). The entire intersection shall be built to its ultimate width. go Coffee Road and Truxtun Avenue (30% share*). Westbound, add an additional right turn lane (total of 2); southbound, add an additional through lane (total of 2) and add an additional left turn lane (total of 2); northbound, add two additional through lanes (total of 3). Langley Road, existing terminus to Coffee Road (100% share). In accordance with the Planning Commission committee recommendations, Langley Road shall be extended through to Coffee Road. Staff recommends reversing curves with minimum radii of 500 feet be used rather than the two 90 degree angled intersections shown on the plan. mo Brimhall Road at Calloway Drive (100% share). The entire intersection shall be built to its ultimate width and signalized. Additionally, add an additional right turn lane northbound (total of 2) Brimhall Road at Coffee Road (100% share). The entire intersection shall be built to its ultimate width and signalized. Additionally, add an additional right turn lane southbound (total of 2) and an additional right turn lane eastbound (total of 2). Ultimate intersection widths consists of 3 through lanes, 2 left turn lanes and 1 separate right turn lane or major arterial approaches; 2 through lanes, 2 left turn lanes and 1 separate right turn lane on major collector approaches. The developer shall modify the traffic signals as required to accommodate the intersection lane additions. Shows added percentage because of land use change for GPA 4-89, Segment I. (Original GPA requested 30% at Coffee & Rosedale, 29.1% at Calloway Drive and Rosedale, and 28.2% at Coffee Road and Truxtun Ave.) a:gpa3.87 ZONE ,CHANGE 4949 31 COUNTY BRIMHALL ROAD ~/~.:.:.:.:.:.:.:.:.:.:.:,:.:.:.:.:.:.:.:.:.:  CROSS VA! ! FY CANAL ~.___.__~ Y o 400 MARTIN MCIN1OSH T29S, R27E , ' 11B907 EXHIBIT C 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 28th day of March posted on the Bulletin Board at City Hall, a full, true , 1990 she and correct copy of the following: Ordinance No. City Council at a meeting held on the and entitled: 3282 , passed by the Bakersfield 21st day of March , 1990 CAROL WILLIAMS CITY CLERK of the City of Bakersfield DEPUTY City Clerk NSAOPD