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HomeMy WebLinkAboutORD NO 3353ORDINANCE NO. 3353 AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND CITY ZONING MAP NO. 101-34 BY PREZONING PROPERTY LOCATED ON THE SOUTHWEST CORNER OF RENFRO ROAD AND JOHNSON ROAD KNOWN AS THE RENFRO NO. 2 ANNEXATION (WARD 4). 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, described in Exhibit "D," attached hereto and incorporated as though fully set forth herein, and made several general and Specific ~indings of fact which warranted a negative declaration with mitigation of environmental impact; and WHEREAS, at said public hearing held on February 7, 1991, said zoning upon annexation was duly heard and considered and the Planning Commission found as follows: 1. Proposed Zoning Upon Annexation designations, as mitigated, will not have a significant adverse effect on the environment. 2. Public necessity, convenience, general welfare and good planning practice justify the proposed Zoning Upon Annexation to R-1 (One Family Dwelling-8,500 sq. ft.), R-1 CH (One Family Dwelling-Church-8,500 sq. ft.), R-2 (Limited Multiple Family Dwelling, Maximum 10 DU/net acre) and C-1 Limited Commercial) zones. 3. Proposed Zoning Upon Annexation designations would be in conformance with the Metropolitan Bakersfield 2010 General Plan. 4. The proposed prezoning is consistent with existing land use in the area. 5. The proposed Zoning Upon Annexation would be compat- ible with future and existing development on the surrounding properties as conditioned in Exhibit "A." 6. Public participation and notification requirements pursuant to Sections 65090 and 65353 of the Government Code of the State of California were duly followed. WHEREAS, by Resolution No. 7-91 on February 7, 1991, 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-8,500 sq. ft., R-1 CH (One Family Dwelling-Church-8,500 sq. ft.), R-2 (Limited Multiple Family Dwelling, Maximum 10 DU/net acre) and C-i (Limited Commercial) zones, with conditions of approval on attached Exhibit "A" and as delineated on the attached map marked Exhibit "C," 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 RENFRO NO. 2 Annexation prezoning area comprises 100 +/- acres of land contiguous to the boundary of the City of Bakersfield; and WHEREAS, an Initial Study was prepared, noticed and distributed for the proposed prezoning. Based on said study, staff determined that if mitigated as required by the Negative Declaration no adverse impact to the existing and future environ- ment of the area would result from the proposal, and recommended the approval of the negative declaration with mitigation. A Negative Declaration was posted and advertised on November 29, 1990; and WHEREAS, conditions of approval and mitigation measures set forth in Exhibit "A" and Exhibit "B," attached hereto and incorporated as though fully set forth herein, are adequate to reduce identified impacts to insignificant levels; and WHEREAS, the proposed zoning substantially conforms to and is consistent with 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. 1. All the foregoing recitals are found to be true and correct. 2. The Negative Declaration with mitigation for this zoning action is hereby approved and adopted. 3. That Title Seventeen of the Bakersfield Municipal Code of the City of Bakersfield and City Zoning Map 101-34, be and the same is hereby amended by prezoning said property and extend- ing the boundaries of said map to include that certain property in the County of Kern generally located on the southwest corner of Renfro Road and Johnson Road contiguous to the boundary of the City of Bakersfield known as the RENFRO NO. 2 ANNEXATION, upon the annexation of said property to the City of Bakersfield, the zoning designations and boundaries of which property are shown on the map marked Exhibit "C", hereto attached and made a part of this ordinance, and are more specifically described as follows: ZONING UPON ANNEXATION NO. 5093 -- THE SITE IS LOCATED ALONG ?BE SOUTHWEST CORNER OF RENFRO ROAD AND JOHNSON ROAD. From a County "A" (Exclusive Agriculture, 20 gross acres minimum lot size) Zoning District to City "R-i" (One Family Dwelling minimum lot area 8,500 square feet) or more restrictive zoning district on 47 +/- acres; from County "A" to a City R-1-CH (One Family Dwelling minimum lot area 8,500 square feet, CHURCH) or more restrictive zoning district on 10 +/- acres; from County "A" to a City R-2 (Limited Multiple Family Dwelling, 6,000 square feet minimum lot size, 10 dwelling units or less per net acre), or more restrictive zoning district on 15 +/- acres; from County "A" to a City C-1 (Limited Commercial), or more restrictive zoning district on 12.5 +/- acres. (Legal description attached in Exhibit "D") and subject to the Conditions of Approval as listed in attached Exhibit "A," and the mitigated measures included in Exhibit "B." 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 ......... - 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 APR 2 4 1q91 , by the following vote: AYES; COUNCILMEMBERS: EDWARDS, De¥OND, SMITH, BRUNNI, PETERSON, McDERMOTT. SALVAGGIO NOES; COUNCILMEMBERS: ABSENT COUNCILMEMBERS: ABSTAIN COUNCILMEMBERS' CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED APR 2 4 1991 MAYOR of the City of Bakersfield APPROVED as to form: LAWRENCE M. LUNARDINI CITY ATTORNEY of the City of Bakersfield LCM/meg Attachments Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" A ANEX 5 ZUA.REN2.1 3/5/91 - 4 - EXHIBIT "A" Conditions of Approval Zoning Upon Annexation No. 5063 Renfro No. 2 Annexation The following conditions are discretionary. The applicant shall comply with the following conditions to provide for orderly development, ensure required improvements are constructed, and to curtail the proliferation of smaller, independent drainage basins. The developer shall complete a traffic impact study which shall be approved by the city engineer and which shall pre- scribe needed traffic mitigations due to the additional traffic generated from the project. The developer shall then enter into an agreement with the city and posted approved security to guarantee any needed mitigations prescribed in the traffic study. Said traffic study and agreement shall be completed and executed'prior to filing for further subdivision or of a development plan within the project area. Payment shall be made to the city upon demand at the time said funds are required for the construction of the needed mitigations. With the first subdivision/development within the project area, the subdivider shall construct the full half width of the west side of Renfro Road between the south boundary of the project and Johnson Road. 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. 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. 4. The future Kern River freeway right-of-way shall be protected. At a minimum, a reservation for this purpose will be required. Sewer service exists in Stockdale Highway at Jenkins Road. However, this sewer line is not designed to service the pro- ject area. A future trunk line will be located in Renfro Road connecting to the future Allen Road sewer trunk pipeline to s~rvice this subdivision. Therefore, a dry sewer system will gravity flow to Renfro Road. If capacity exists, a temporary connection to the Stockdale-Buena Vista force main may be allowed with the appropriate payment of fees. Any upgrades to the existing system will be the responsibility of the developer. Exhibit "A" ZUA ~5063 Page 2 A sewer fee will be paid at the time of further subdivision or development within the project area for the future Allen Road trunk sewer pipeline. This fee will be approximately $300 per equivalent dwelling unit. All lots which front Johnson Road shall be a minimum of 12,000 square feet and have a minimum of 100 feet of frontage, that tier adjacent and south of these lots shall be a minimum of 10,000 square feet. 8. There shall be a minimum front yard setback of 30 feet for all lots fronting Johnson Road. Subdivider shall submit conceptual plans for the landscaping and walls, which shall be approved by the Planning Commission prior to recordation of the final map. 10. That any final map within this area is included in a mainte- nance district and will be responsible for assessments. ll. The subdivider shall either install all landscaping and auto-- matic irrigation systems prior to recordation of any final map or enter into a separate agreement with the city and post approved security to guarantee their installation. 12. Prior to recordation of any final map, subdivider shall submJ. t detailed irrigation, landscape, and wall construction plans for review by the city parks division and approved by the city engineer. 13. Selection of irrigation and plant material shall be determined in consultation with the city parks division. 14. At least 48 hours prior to installation of the irrigation system and landscaping, the subdivider shall notify the city engineer and city parks superintendent. 15. The subdivider shall maintain all irrigation and landscaping for a period of not less than six (6) months after receiving written acceptance by the city parks department. The water and electricity will be paid by the subdivider until the end of the six (6) month maintenance period and final written acceptance by the city. After the six (6) months and the final written acceptance by the city, the subdivider wil!L be responsible for sending a letter to the utility companies transferring the meters to the City of Bakersfield. A copy of the letter shall be sent to the city engineer and parks division. CAO/meg A ANEX 5 ZUA.REN.E2 Exhibit "A" GPA 4-90, Segment Page 3 IV 16. All lots south of the proposed freeway alignment, except those referred to in paragraph 7, above, shall be a minimum of 8,500 square feet. CAO/meg G GPA 4 4-90.EXA.1 EXHIBIT "B" Mitigation Measures Zoning Upon Annexation #5063 Renfro No. 2 Annexation In order to mitigate the impacts of this development on the kit fox (a Federally-listed endangered species), the applicant must follow the Advisory Notice, detailing the Interim Mitigation Measures established for the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP). These measures are necessary to prevent unauthorized take of foxes and to offset any losses to kit fix habitat resulting from on-going con- struction activities. A traffic study is to be stg~mitted with any subsequent tentative tract filed on this property. The study to analyze the impacts of this development and proposed mitigation measures which address any future traffic impacts. This study to be approved by the city traffic engi- neer prior to tract approval. %n archaeological survey is required for the project area prior to site disturbance. The report is to be submitted to the California Archaeological Inventory at Cal State Bakersfield for review. A letter frcm the California Archaeological Inventory verifying that any meas- ures of the report have been c~,%pleted shall be suk~itted to the City Planning Department prior to the issuance of any building permit. Prior to any site-disturbing activity, the applicant shall provide evi- dence to the Planning Director of having obtained appropriate California Endangered Species Act (F&G Code 2081) and Federal Em~mngered Species Act (Section 10a) permits for incidental take and/or management of all listed threatened and/or endangered species whose presence is indicated on-site. Inclusion of the project in a c~leted area-wide "umbrella" Habitat Conservation Plan (HCP), 10a permit and 2081 permit will be considered an acceptable means of compliance, pro- vided ALL on-site, listed species are included within the HCP and permit(s) sc~pe. p/srs4eb TO CITY R-1 COUNTY A TO CITY R-2 C~V R l-ICH,~ TO CITY C-1 CITY OF BAKERSFIELD ZONING MAP SEC 3'q, T29s LEGEND I01- 34 R 26E. LEGAL DESCRIPTION All those parcels of land located in the Southeast 1/4 of Section 34, Township 29 South, Range 26 East, M.D.B.&M. more particularly described as follows: Parcel 1: Commencing at the East 1/4 corner of said Section 34; thence Southerly along the East line of the Southeast 1/4 of said Section 34 (more commonly known as the centerline of Renfro Road), 65.00 feet; thence Westerly and perpendicular to said Renfro Road, 55.00 feet to a point on the Westerly right-of-way line of said Renfro Road and a point on the Northerly right-of- way line of the proposed Westside Freeway and the true point of beginning for this description; thence Southwesterly along said Northerly right-of-way line of said proposed Westside Freeway and along a curve concave Northwesterly and having a radius of 400.00 feet through a central angle of 52o16'57", more or less, an arc length of 365.00 feet, more or less; thence continuing along said proposed Freeway right-of-way line, Southwesterly 640.00 feet, more or less, to the beginning of a non-tangent curve, concave Southeasterly and having a radius of 5,505.00 feet; thence Southwesterly along said curve through a central angle of 18° 28'27", more or less, an arc length of 1,775.00 feet, more or less, ~o the point of intersection with the South line of the Northwest 1/4 of the Southeast 1/4 of said Section 34; thence departing from said proposed Freeway right-of-way line, Westerly along said south line of the Northwest 1/4 of the Southeast 1/4 of said Section 34, 185.00 feet, more or less, to a point on the future right-of-way line, 45.00 feet Easterly of the west line of the Southeast 1/4 of said Section 34; thence Northerly, parallel to the West line of the Southeast 1/4 of said Section 34, along said future right-of-way line, 1,258.00 feet, more or less, to the beginning of a tangent curve, concave Southeasterly and having a radius of 20.00 feet; thence Northeasterly along said curve through a central angle of 90°00'00", more or less, an arc length of 31.40 feet, to a point on the future right-of-way line, 45.00 feet southerly of the North line of the Southeast 1/4 of said Section 34 (more commonly known as the centerline of Johnson Road); thence Easterly, parallel to the center line of Johnson Road and 45.00 feet therefrom, as measured at right angles from said centerline, 2,508.00 feet, more of less, to the beginning of a tangent curve, concave Southwesterly and having a radius of 20.00 feet; thence Southeasterly along said curve through a central angle of 90°00'00", more or less, an arc length of 31.40 feet, more or less, to the true point of beginning. Parcel contains 48.50 acres, more or less EXHIBIT D Parcel 1A: Commencing at the East 1/4 corner of said Section 34; thence Southerly along the East line of the Southeast 1/4 of said Section 34 (more commonly known as the centerline of Renfro Road), 65.00 feet; thence Westerly and perpendicular to said Renfro Road, 55.00 feet to a point on the Westerly right-of-way line cf said Renfro Road and a point on the Northerly right-of- way line of the proposed Westside Freeway and the true point of beginning for this description; thence Southwesterly along said Northerly right-of-way line of said proposed Westside Freeway and along a curve concave Northwesterly and having a radius of 400.00 feet, through a central angle of 52016'57", more or less, an arc length of 365.00 feet, more or less; thence continuing along said proposed freeway right-of-way line, southwesterly 640.00 feet, more or less, to the beginning of a non-tangent curve, concave Southeasterly and having a radius 5,505.00 feet; thence Southwesterly along said curve through a central angle of 01~ 55'32", more or less, an arc length of 185.00 feet; thence departing from said proposed Freeway right-of-way line, Northerly, perpendicular to Johnson Road, 735.00 feet, more or less, to a point on the future Southerly right-of-way line of Johnson Road, being 45.00 feet as measured at right angles to the North line of the Southeast 1/4 of said Section 34 (more commonly known as the centerline of Johnson Road); thence Easterly, parallel to the centerline of Johnson Road and 45.00 feet therefrom, as measured at right angles from said centerline, 860.00 feet, more or less, to the beginning of a tangent curve, concave Southwesterly and having a radius of 20.00 feet; thence Southeasterly along said curve through a central angle of 90° 00'00", more or less, an arc length of 31.40 feet, more or less, to the true point of beginning. Parcel contains 10.00 acres, more or less Parcel 2: Commencing at the Southeast corner of said Section 34; thence Northerly along the East line of said Southeast 1/4 of said Section 34 (more commonly known as the centerline of Renfro Road), 661.50 feet, more or less, to the Southeast corner of the North 1/2 of the Southeast 1/4 of the Southeast 1/4 of said Section 34; thence Westerly along the South line of the North 1/2 of the Southeast 1/4 of the Southeast 1/4 of said Section 34, 55.00 feet, more or less, to a point on the future Westerly right-of-way line of said Renfro Road and the true point of beginning for this description; thence continuing Westerly along the South line of the North 1/2 of the Southeast 1/4 of the Southeast 1/4 of said Section 34, 570.00 feet; thence Northerly and perpendicular to the South line of the North 1/2 of the Southeast 1/4 of the Southeast 1/4 of said Section 34, 1000.00 feet, more or less, to a point on the Southerly right-of-way line of the proposed Westside Freeway; thence Easterly along said freeway right-of-way line 525.00 feet, more or less, to an angle point in said right-of-way line; thence Southerly along said freeway right-of-way line 560.00 feet, more or less, to a point on the future Westerly right-of-way line of said Renfro Road; thence departing from said freeway right-of-way line, Southerly parallel to the centerline of said Renfro Road and 55.00 feet therefrom, as measured at right angles from said centerline, 415.00 feet, more or less, to the true point of beginning. Parcel contains 12.50 acres, more or less. Parcel 3: Commencing at the Southeast corner of said Section 34; thence Northerly along the East line of said Southeast 1/4 of said Section 34 (more commonly known as the centerline of Renfro Road), 661.50 feet, more or less, to the Southeast corner of the North 1/2 of. the Southeast 1/4 of the Southeast 1/4 of said Section 34; thence Westerly along the South line of the North 1/2 of the Southeast 1/4 of the Southeast 1/4 of said Section 34, 625.00 feet to the true point of beginning for this description; thence continuing Westerly along the South line of the North 1/2 of the Southeast 1/4 of the Southeast 1/4 of said Section 34, 700.00 feet, more or less, to the Southwest corner of the North 1/2 of the Southeast 1/4 of the Southeast 1/4 of said Section 34; thence Northerly along the West line of said North 1/2 of the Southeast 1/4 of the Southeast 1/4 of said Section 34, 661.50 feet, more or less, to the Northwest corner of said North 1/2 of the Southeast 1/4 of the Southeast 1/4 of said Section 34; thence continuing Northerly along the West line of the Northeast 1/4 of the Southeast 1/4 of said Section 34, to a point on a curve, concave Southeasterly and having a radius of 4095.00 feet, said curve being the Southerly right-of-way line for the proposed Westside Freeway; thence Northeasterly along said curve and right-of-way line through a central angle of 06° 21'58", more or less; thence departing from said curve but continuing Easterly along said freeway right-of-way line 260.00 feet, more or less; thence departing from said freeway right-of-way Southerly and perpendicular to the South line of the North 1/2 of the Southeast 1/4 of the Southeast 1/4 of said Section 34, 1000.00 feet, more or less, to the true point of beginning for this description. Parcel contains 15.50 acres, more or less. AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) SS. County of Kern) CAROL WILLIAMS, Being duly That she is the duly appointed, of Bakersfield; and that on posted on the Bulletin Board the following: City Council at and entitled: Ordinance a meeting held sworn, deposes and says: acting and qualified City Clerk of the City the 1st day of May 19 91 she at City Hall, a full, true and correct copy of No. 3353 passed by the Bakersfield on the 24th day of April , ~991 NSAOPD /s/ CAROL WILLIAMS CITY CLERK of the City oi' Bakersfield By: DEPUTY City Clerk