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