HomeMy WebLinkAboutORD NO 3344ORDINANCE NO. 3344
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP
NO. 101-25 BY CHANGING THE LAND USE ZONING
OF PROPERTIES LOCATED ALONG THE NORTH SIDE
OF BRIMHALL ROAD BETWEEN ALLEN ROAD AND
JEWETTA AVENUE FROM AN A-20A (AGRICULTURE-20
ACRE MINIMUM) TO AN R-1 (ONE FAMILY DWELLING,
18,000 SQUARE FEET MINIMUM LOT SIZE) ZONE.
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 along the north side of Brimhall Road
between Allen Road and Jewetta Avenue; and
WHEREAS, by Resolution No. 56-90 on December 20, 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, 18,000 square feet minimum lot size)
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, 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 A-20A
(Agriculture-20 Acre Minimum) Zone to an R-1 (One Family
Dwelling, 18,000 square feet minimum lot size) 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 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 the zone change should be authorized; and
WHEREAS, the law and regulations relating to the prepa-
ration and adoption of Negative Declarations as set forth in CEQA
and City of Bakersfield Resolution 107-86 have been duly followed
by the City staff and the Planning Commission; 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 zone changes;
Metropolitan
Bakersfield.
That the proposed rezoning is consistent with
Bakersfield 2010 General Plan of the City of
the
lot size 18,
residential
The proposed R-1 (One Family Dwelling zone, minimum
000) is compatible with the existing lot size in the
development adjacent to the site.
4. The proposed zone change is consistent with the
Metropolitan Bakersfield 2010 General Plan, subject to prior
approval of related 4-90, Segment II.
5. Based upon an initial environmental assessment,
the project, including mitigation measures set forth in Exhibit
"C" attached hereto and incorporated as though fully set forth,
will not have a significant adverse effect on the environment. A
Negative Declaration was duly filed and posted 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. The Negative Declaration with mitigation set forth
in Exhibit "C" is hereby approved and adopted.
3. Section 17.060.020 (Zoning Map) of the Municipal
Code of the City of Bakersfield be and the same is hereby amended
by changing the land use zoning on Map No. 101-25 attached hereto
as Exhibit "A" and made a part hereof, of that certain property
in said City of Bakersfield, the boundaries of which properties
are shown on the map as follows:
FROM AN A-20A (AGRICULTURE-20 ACRE
MINIMUM) TO R-1 (ONE FAMILY DWELLING,
18,000 SQUARE FEET MINIMUM LOT SIZE)
ZONE:
Lots 25 through 31, inclusive of the
Sales Map of Lands of J.B. Haggin located
in Section 25, Township 29 South, Range
26 East, M.D.B.&M., City of Bakersfield,
County of Kern, State of California.
Containing 140 acres more or less.
4. That the Zone Change, as outlined above, is hereby
recommended for approval, subject to City Council approval of the
above-referenced Segment II of Land Use Element Amendment 4-90
and conditions of approval shown on Exhibit "B," and the miti-
gated measures included in Exhibit "C."
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 ..........
- 3
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 MAR t 3 1991
· by the
following vote:
AYES: COUNCILMEMBERS: EDWARDS,.D;MOND, SMITH, BRUNNL PETERSON, McDERMOTT, SALVAGGI0
NOES; COUNCILMEMBERS: ,~ ~'
ABSENT COUNCILM.~MBERS
ABSTAIN: COUNCILMEMBERS'
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED MAR Z $ 1991
CLARENCE E. MEDDERS
MAYOR of the City of Bakersfield
APPROVED as to form:
LAWRENCE M. LUNARDINI
CITY ATTORNEY of the City of
Bakersfield
LML/meg
Attachments
Exhibit "A"
Exhibit "B"
Exhibit "C"
00RD 4
ZC.R-i.1
2/21/91
CITY OF BAKERSFIELD
ZONING MAP 101-25
SEC 25 T ~9S R 26E
I EGEND
EXHIBIT A
EXHIBIT "B"
Conditions of Approval
Zone Change 5091
It is a condition of approval on the zone change for this
project that the minimum lot size will be 18,000 square feet.
The zoning necessary to implement this condition is R-1
(18,000), (One Family Dwelling, 18,000 square foot minimum
lot size).
Prior to further subdivision or development, the developer
shall enter into an agreement with the city and post approved
security to guarantee his proportionate share of future sig-
nals in the project area impacted from the potential increase
in trip generation between the proposed land use and the
existing land use. The signals and the developers propor-
tionate share are as follows:
Allen Road at Brimhall Rd. $ 6,000
Old Farm Road at Brimhall Rd. 7,200
Jewetta Ave. at Brimhall Rd. 4,800
(5% of $120,000)
(6% of $120,000)
(4% of $120,000)
TOTAL $18,000
Said agreement shall require that payment be made to the City
upon demand at the time funds are required for signal
construction.
The subdivider shall construct Brimhall Road between
Jewetta Avenue and Allen Road including the county portion
outside the project area. Between Allen Road and the east
boundary of the project, the street section shall consist of
full improvements along the north side (westbound) including
curb, gutter and sidewalk, a full landscaped median island,
and one 12' travel lane on the south side (eastbound).
Between the east boundary of the project and Jewetta Avenue,
the street section shall consist of a minimum of 24' of pave-
ment with 8' graded shoulders.
If this is to be a phased development, then the extent of
improvements required with each phase of development along
the arterial and collector streets shall be at the discretion
of the City Engineer. Construction of streets not directly
adjacent to the area being developed may be required. Where
partial street construction is allowed, the street section
shall consist of a minimum of 24' of pavement with 8' graded
.~houlders.
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,
the drainage basin site and size, and construction phasing.
Exhibit "B"
Zone Change 5091
Page 2
The drainage study shall be submitted to and approved by the
City Engineer and the required drainage basin site and neces-
sary easements deeded to the city prior to recording of any
subdivision map or submittal of any development plan within
the project area.
Allen Road is a future bikeway on the "Bikeways Master Plan"
.and shall be constructed to a 96' curb-to-curb standard as
required for arterial streets with bike lanes in the circula-
tion element of the 2010 General Plan.
Sewer service exists in Jewetta Avenue at Brimhall Road.
~owever, this trunk line is not designed to service the pro-
ject area. A future trunk line will be located in Allen Road
to service this subdivision. Therefore, sewer will gravity
flow to the intersection of Allen Road and Brimhall Road. A
temporary pump station and force main may then be used to
temporarily pump from this location into the Jewetta Avenue
trunk line. Interim fees will be required to use the Buena
Vista trunk lines and the Stockdale trunk line.
Unless this property joins the formation of an assessment
district for the future Allen Road trunk sewer, a sewer fee
will be paid at the time of future subdivider or development
within the project area for the future Allen Road trunk sewer
pipeline, this fee will be approximately $300 per equivalent
c~welling unit.
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EXHIBIT C
Mitigation Measures
~n archaeological survey is required for the project area orior uo site
dist~lrbance. The report is to be submitted to the ~lifo~ia
Archaeological Inventory at Cal State Bakersfield for review. A letter
from the California Archaeological Inventory verifying that any meas-
ures of the report have been completed shall be s,,h~tted to the City
Planning Department prior to the issuance of any building permit.
In order to mitigate the impacts of this development on the kit fox (a
Federally-listed endangered species), the applicant must follow the
~dvisory Notice, detailing the Interim Mitigation Measures established
for the Metrc~olitan Bakersfield Habitat Conservation Plan (MBHCP).
These measures are necessary to prevent unauthorized take of foxes and
to offset any losses ~o kit fix habitat resulting from on-going con-
struction activities.
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SS.
County of Kern)
CA}{OL WILLIAMS, Being duly sworn,
That she is the duly appointed,
of Bakersfield; and that on the
posted on
the following:
City Council at
and entitled:
the Bulletin Board at
Ord±nance
a meeting held on
deposes and says:
acting and qualified City Clerk of the City
18th day of March 19 91 s~,e
City Hall, a full, true and correct copy of
No. 3344 passed by the Bakersfield
the 13th day of March 19 91,
NSAOPD
/s/ CAROL WILLIAMS
CITY CLERK of the ~ity of Bakersfield
DEPUTY City Clerk