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Home My WebLink AboutORD NO 3295ORDINANCE NO. 3295 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 CHESTER NO. 2 ANNEXATION (WARD 2). 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 being annexed to said City and made several general and specific findings of fact which warranted a negative declaration of environmental impact; and WHEREAS, by Resolution No. 13-90 on May 17, 1990, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve an R-3 (Limited Multiple-Family Dwelling) Zone, or more restrictive zone and an R-3 CH (Limited Multiple-Family Dwelling Church, or more restrictive zone, 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, there appears to be no substantial detrimental environmental impact which could result from this zoning action; and WHEREAS, the proposed zoning substantially conforms 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. 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 north of 36th Street, south of Columbus, east of Jewett Avenue contigu- ous to the boundary of the City of Bakersfield known as the CHESTER NO. 2 ANNEXATION, upon the annexation of said property to the City of Bakersfield, the boundaries of which property are shown on the map hereto attached and made a part of this ordinance, and are more specifically described as follows: TO AN R-3 (LIMITED MULTIPLE-FAMILY DWELLING) ZONE: A parcel of land situated in the north- west quarter of Section 19, Township 29 south, range 28 east, M.D.B.&M., County of Kern, State of California, more par- ticularly described as Lots 1 and 2 of Block 656, Lots 1 and 2 of Block 665 and Lot 2 of Block 687 as said lots and blocks are shown on "Map of the City of Bakersfield, Kern County California" filed November 25, 1898 in the Office of the Kern County Recorder. Also including abandoned 38th and 40th Streets adjacent to said Block 665 and the abandoned alley in said Block 656. Also including the portion of the aban- doned west 11.25 feet of "0" Street lying adjacent to said Block 656. Excepting therefrom that portion of said Block 656, more particularly described below as the area for R-3 CH zone. TO AN R-3 CH (LIMITED MULTIPLE-FAMILY DWELLING CHURCH) ZONE: A parcel of land situated in the north- west quarter of Section 19, Township 29 south, Range 28 east, M.D.B.&M., County of Kern, State of California, more par- ticular described as Lots 1, 2, 5 and 6 of Block 656A as shown on map of "The Jewett Subdivision of Block 632 and south half block 656" filed July 15, 1909 in the Office of the Kern County Recorder. Also including an additional 15 feet of the north side of said Lot 5 created by the alley abandonment in said Block 656-A. Also including an additional 11.25 feet along the east side of said Lots 5 and 6 created by the abandonment of a portion of "O" Street; and subject to the Advisory Conditions of Approval as listed in attached Exhibit "B" and Advisory Mitigations for Negative Declaration as listed in attached Exhibit "C". 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 regula~ meeting thereof held on '~UN ~ ? 1990 , by the following vote: AYES: COUNCILMEMBERS: EDWARDS, DeMOND, SMITH, DRUNNI, PETERSON, McDERMO1T, SALVAGGIO NOES: COUNCILMEMBERS: ABSENT COUNCILMEMBERS ABSTAIN COUNCILMEMBERS' Ex Officio Clerk of the Council of City of Bakersfield the APPROVED 'JUN 2 ? 1990 CLARENCE E. MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: ~r ARTflUR~J. : SAAJ'FI~L'D / ~ CITY ATTOR~ ? th~/~ity o~f Bakersfield AJS/meg ~/ L '~ Attachments Exhibits "A," "B" & "C" A ANEX 5 ZUACHEST.1 6/6/90 - 4 ZONING UPON ANNEXATION 5006 CHESTER NO. 2 RF R2 M-1-D 4~H R-3 58TH S~REET ~ M2 M-2 400 1 SCALE IN FEET 36TH ~ R-2 ~- ~ C-2D - - C-2D 34TH 19 T29S, R28E EXHIBIT R-5-D R-5-D I P.U.D. I R-2-D 4-OTH STREET R-2 R-1 P.U.D. R-2-D STREET C-O-D C-2-D C-2-D COUNTY M-1 M-1 CITY OF BAKERSFIELD TO R-5 & R-3-CH 15.25 ACRES ORIGINAL 39014 Exhibit B Advisory Conditions of Approval 1. The center of the first driveway south of 38th Street should be about 150 feet south of the centerline of 38th Street to reduce conflicts with turning traffic at the intersection. 2. The service drive at the intersection of Jewett and 38th Street should be centered on the centerline of 38th street if possible to also reduce conflicts with turning traffic at the intersection. A 36 foot wide or larger drive approach is recommended. 3. Radius drive approaches such as those proposed for Jewett shall be a 20 foot radius with wheelchair ramps. 4. "Sawtooth" type bus loading turnouts shall be located entirely out of the travel way of the street. Additional right of way would be required and standard sidewalks as a minimum. 5. Other conditions from Public Works may also be required after site plan review such as reinforced concrete paving in the bus loading and approach areas of "0" Street. 6. Two six feet tall masonry walls should be constructed - one traversing the northern property line and the other traversing the southern property line of the School Site, between "O'~ and Jewett Avenue for mitigating noise and light impacts onto adjacent residences and the church. Exhibit C Advisory Mitigation for Negative Declaration Project Design should include utilization of project- specific noise attenuation measures such as brick walls, building siting, and use of landscaping between the school site and surrounding residential and church uses. 2. Project development should include adherence to applicable building codes, with the requirement for soils reports and drainage plans, and compliance with both City and State Public Works codes and Health Department regulations prior to issuance of building permits. Construction practices should acknowledge the surrounding residences and efforts should be made to control fugitive dust with water spraying. The times of construction should be limited to only daylight hours. 4. Project Design should mitigate light and glare by indicating the proper design and placement of angled security and parking lights to avoid shining on adjacent properties. 5. The Project is state funded and exempt from the Metropolitan Bakersfield Habitat Conservation Plan. Consultation with the Department of the Interior, United States Fish and Wildlife Service and State Department of Fish and Game is necessary to establish proper mitigation for any impacts to endangered or threatened species. If the USFWS and the State Department of Fish and Game agree, the Bakersfield City School District may participate in the Metropolitan Bakersfield HCP, which would require a habitat conservation plan interim mitigation fee be paid prior to issuance of a building permit. The fee will be based upon the adopted charges at the time of building permit issuance. The current fee is $680.00 per gross acre. The applicant should consult the attached Advisory Notice for additional mitigation. 6. Traffic and circulation and parking of the proposed school should be analyzed by City Public Works and Traffic Engineering. Adherence should be maintained to Municipal Code and Zoning Ordinance requirements. OR L,~NAL 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 3uly , 1990 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance City Council at a meeting held on and entitled: No. 3295 , passed by the Bakersfield the 2?th day of 3une , 1990 , CAROL WILLIAMS CITY CLERK of the City of ...... DEP[/TY Cit~Clerk.~ ~ Bakersfield NSAOPD