HomeMy WebLinkAboutORD NO 3310ORDINANCE NO. 3310
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 THAT CERTAIN PROPERTY
IN THE CITY OF BAKERSFIELD LOCATED AT THE
NORTHEAST CORNER OF ASHE AND HARRIS ROADS
FROM AN R-1 (ONE FAMILY DWELLING) ZONE TO
A C-1 (LIMITED COMMERCIAL) ZONE ON 5 +/-
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 at the northeast corner of Ashe and
Harris Roads; and
WHEREAS, by Resolution No. 23-90 on July 5, 1990, the
Planning Commission recommended approval and adoption of an
ordinance amending Title 17 of the Municipal Code to approve a
C-1 (Limited Commercial) Zone on 5.14 acres, as delineated on
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, 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 R-1 (One
Family Dwelling) Zone to a C-1 (Limited Commercial) 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, a Negative Declaration was advertised and
posted on May 5, 1990 in accordance with CEQA (Zone Change 5091
file); 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 change in zoning of said property,
that zone change should be authorized; and
ORIGINAL
WHEREAS, the required public notices have been given; and
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 change in zone, as condi-
tioned in Exhibit "A".
2. That the proposed rezoning is consistent with the
Bakersfield Metropolitan 2010 General Plan, subject to prior
approval of GPA 2-90 Segment I and conditions of approval listed
in the attached Exhibit "A", attached hereto and incorporated as
though fully set forth herein.
3. The project would not have a significant adverse
effect on the environment.
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. 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 that certain property in said
City, the boundaries of which property is shown on the map marked
Exhibit "B" attached hereto 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:
Being a portion of the west half of the
west half of Section 22, T.30S., R.27E.,
M.D.B.&M., County of Kern, State of
California according to the official plat
thereof. A portion of Parcel 2 of
Certificate of Compliance recorded
December 12, 1986 in Book 5947, Page
1690, Official Records.
Commencing at the northwest corner of
Section 22, T.30S., R.27E., M.D.B.&M.;
ORIGINAL
Thence south 00°48'12" west along the
west section line of Section 22, also
being the centerline of Ashe Road,
2,400.89 feet;
Thence south 23048'23" east, 132.07 feet
to the True Point of Beginning;
Thence (1) north 00°48'12" east, 406.76
feet;
Thence (2) south 89002'33" east, 461.45
feet;
Thence (3) south 00057'27" west, 107.00
feet to the beginning of a curve concave
to the northwest, having a radius of
20.00 feet from which the center bears
north 89002'33" west;
Thence (4) southwesterly along said curve
through a central angle of 90000'00", an
arc distance of 31.42 feet;
Thence (5) south 00057'27" west, 60.00
feet to the beginning of a curve concave
to the southwest, having a radius of
20.00 feet from which the center bears
south 00057'27" west;
Thence (6) southeasterly along said curve
through a central angle of 90000'00", an
arc distance of 31.42 feet;
Thence (7) south 00057'27" west, 266.00
feet;
Thence (8) south 45057'27" west, 28.28
feet;
Thence (9) north 89002'33" west, 400.57
feet;
Thence (10) north 23048'23" west, 94.98
feet to the True Point of Beginning.
Containing 5.14 acres.
ORIGII~AL
5. Such zone change is hereby made subject to the conditions of
approval listed in Exhibit "A".
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 ..........
ORIGINAL
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 AH8 2 2 1990 , by the
following vote:
AYES; COUNCILMEMBERS EDWARDS. DpMOND. SMITH, BRUNNI, PETERSON. McDERMOTT. SALVAGGIO
NOES; COUNCILMEMBERS
ABSENT COUNCILMEMBERS: _~O.,~,'g
ABSTAIN: COUNCILMEMBERS'
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED AUG 2 2 ~90
'dLARENCE E. ~
MAYOR of the City of Bakersfield
APPROVED as to form:
ARTHUR J, SAA]~IELD /x] [
CITY ATT~NE~of t~/~ity of~ Bakersfield
LCM/meg
Attachments
Exhibit "A"
Exhibit "B"
O ORD 4
ZC.C-l.1
8/01/90
'0
ORIGINAL
EXHIBIT A
Zone Change 5031
5o
The applicant shall comply with all conditions regarding the project area
stated in Tract 4957.
Subdivider/developer shall construct a six-foot high masonry wall located
along the north property line separating the comercial and residential
zones. Evergreen trees shall be planted 30-foot on center with a five-
foot minimum width landscape strip along the comercial 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.
All co~ercial outdoor lighting will be shielded (cutoff) and reflect away
from residential property.
Refuse containers shall not be placed within 24 feet of residential
property and shall be shielded from view of Harris, Ashe and the future
north/south local street.
Offers of dedication will be required within the GPA area to allow for the
construction of Ashe Road (1/2 width) to arterial standards from Harris
Road to the north boundary of the project and of Harris Road (1/2 width)
to collector standards from Ashe Road to the east boundary of the project.
Such offers shall include sufficient widths for expanded intersections and
additional areas for landscaping as directed by the City Engineer. The
right-of-way width of a standard arterial is 110' with additional widening
at intersections and additional area to permit 10' of landscaping behind
the combination sidewalk. The right-of-way width of a standard collector
is 90' with additional widening at intersections and additional area to
permit 7.5' of landscaping behind the combination sidewalk.
All offers of dedication, fully executed, shall be submitted to the city
prior to development or recordation of any subdivision map or certificate
of compliance or the issuance of any building permit within the GPA area.
Improved access does not currently exist to the GPA area, but a portion is
under construction by another developer. Improved access shall be
provided from either Stine Road or from the south terminus of Ashe Road
prior to recordation of any subdivision map or certificate of compliance
or the issuance of any building permit within the GPA area. Minimum
improvements shall be a paved width of 24' with graded shoulders and full-
width crossings of all canals and railroad tracks.
ORIGINAL
Exhibit "A"
Zone Change 5031
Page 2
8o
10.
11.
12.
13.
14.
Construction of Ashe Road and Harris Road will be dependent upon the final
design of the canal crossing at the Arvin-Edison Canal. Temporary
construction of these streets, approved by the city, shall be completed to
allow for access to and from the site. However, the applicant shall enter
into an agreement with the city and post approved security prior to this
construction to cover the total cost, based on an engineer's estimate
approved by the City Engineer, of all street construction for the east
half of Ashe Road and the north half of Harris Road along the entire GPA
property frontage. At such time as the crossing design is finalized and
construction is initiated, the applicant shall pay for the construction of
both the east half of Ashe Road and the north half of Harris Road along
the entire property frontage, including any demolition and reconstruction
of the temporary street construction. Alternatively, the applicant can
have the entire canal crossing designed and approved by the city, and then
can construct these street frontages in accordance with this design.
Construct transition areas as required by the City Engineer for all
approaches to and departures from the new ultimate paved areas.
Landscaping shall be reviewed during the site plan review process. All
landscaping within city right-of-way along the GPA frontage shall be
maintained by the property owner.
All street paving sections are to be determined based on R-value texts,
the number and location to be determined by the City Engineer, and using
traffic index values established by the Traffic Engineer.
This area has been included in a drainage study already performed for
Tract 4957. However, this area was calculated as residential area. The
applicant shall provide a revised drainage study analyzing this area as
commercial and proving that the proposed drainage facilities are
satisfactory for this project. The study shall be approved by the City
Engineer. The applicant shall construct improvements required by this
study to accomplish suitable drainage for this site.
Any required drainage basin sites and necessary easements shall be deeded
to the city prior to recordation of any subdivision map or certificate of
compliance or issuance of any building permit within the GPA area.
Sewer service is available in Ashe Road. A sewer connection fee shall be
paid prior to issuance of a building permit. The fee will be based upon
the current adopted charges at the time of issuance of the building
permit.
Street light locations and quantities shall be determined during the site
plan review process.
Additional street easements may be required along Harris Road and Ashe
Road for slopes depending upon final street grades along these streets.
ORIGINAL
Exhibit "A"
Zone Change 5031
Page 3
15.
16.
Location of drive approaches to Harris Road and, if allowed, to Ashe Road
shall be determined during the site plan review process.
a:sleb
As presented in the Traffic Study prepared by the Transportation Planning
Group, the number of trips generated by this project is 6856 ADT. The
.impact to the surrounding intersections and the applicant's proportionate
share are as follows:
a. Ashe Road at District Boulevard (5%*) $6,000.00
b. Harris Road at Stine Road (5%*) $6,000.00
c. Ashe Road at Harris Road (10%) $12,000.00
* Rounded to the nearest 5%.
ORIGINAL
I I
M-2
ZONE CHANGE
5031
I I I
M-2
SOUT~RN PACIFIC PALROAD
M-1
R-1
TENTATIVE TRACT
4957
R-1
0 BOO
T30S, R27E
21 22
R-3
R-1
PANAMA LAI~E~
EXHIBIT B
R-1
C--1 I
I
R-1
JOHN SARAD
FROM R-1TO C-1
5 ACRES