HomeMy WebLinkAboutORD NO 3397ORDINANCE NO. ~ ~ 9 7
AN ORDINANCE AMENDING SECTION
17.06.020 OF CHAPTER 17.06 (ZONING
MAP) OF THE BAKERSFIELD MUNICIPAL
CODE AND CITY ZONING MAP 101-13 BY
PREZONING PROPERTY LOCATED AT THE
SOUTHWEST CORNER OF REINA ROAD AND
JEWETTA AVENUE KNOWN AS REINA NO. 1
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, known as REINA NO. 1 ANNEXATION, and
made several general and specific findings of fact which
warranted a negative declaration of environmental impact; and
WHEREAS, Reina No. 1 Annexation prezoning area
comprises 79.94 +/- acres of land contiguous to the boundary of
the City of Bakersfield, as shown on the attached map marked
Exhibit "A"; and
WHEREAS, by Resolution No. 55-91 on June 20, 1991, the
Planning Commission recommended approval and adoption of an
ordinance amending Title 17 of the Municipal Code to approve
Zoning Upon Annexation No. 5169 to R-1 (One Family Dwelling) and
C-1 (Limited Commercial) zones, with conditions of approval and
mitigation as listed below:
Conditions
Prior to further subdivision or development, the developer
shall either pay to the City fees or enter into an agreement
with the City and post approved security to guarantee his
proportionate share of future signals 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 proportionate share are as
follows:
Jewetta Ave. at Reina Rd. $ 37,200
Jewetta Ave. at Noriega Rd. $ 30,000
Allen Rd. at Kratzmeyer Rd. $ 30,000
Jewetta Ave. at Kratzmeyer $ 9,600
Jewetta Ave. at Hageman Rd. $ 7,200
(31% of $120,000)
(25% of $120,000)
(25% of $120,000)
( 8% of $120,000)
( 6% of $i20,000)
TOTAL = $114,000 *
Maximum amounts. Actual amounts to be determined by the
City Engineer after review of traffic report addendum.
Said agreement shall require
City upon demand at the time
construction.
that payment be made to the
funds are required for signal
Offers of dedication will be required to allow for the
construction of the entire portion of Jewetta Avenue within
the project area arterial standards and the entire portions
of Old Farm Road and Reina Road within the project area to
collector standards. 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 feet with 10 feet of
landscaping behind the combination sidewalk. The offers of
dedication, fully executed, shall be submitted to the City
prior to development or recordation of any subdivision map
or certificate of compliance within the GPA area.
With the first subdivision/development within the project
area, the subdivider shall construct the full half width of
the west side of Jewetta Avenue between the south boundary
of the project and Reina Road plus one-half of a landscaped
and irrigated median island and two paved travel lanes on
the east side of Jewetta Avenue, the south half of Reina
Road between the west boundary of the project and Jewetta
Avenue, and the east half of Old Farm Road from the south
boundary of the project to Reina Road. Appropriate pavement
transitions shall also be required.
A reimbursement agreement will be allowed for the
construction of the two travel lanes on the east side of
Jewetta Avenue outside the project boundary.
This area may be served by the City of Bakersfield sewer
system in accordance with and subject to the conditions of
Agreement 89-197 between the City of Bakersfield and the
County of Kern. The nearest existing sewer service is a 30"
trunk pipeline in Jewetta Avenue south of Palm Avenue.
However, through assessment district proceedings, a
continuation of this sewer trunk pipeline along Jewetta
Avenue to Reina Road is under development. The project area
will be required to connect to this trunkline and pay
appropriate fees when developed.
2
The applicant shall submit a comprehensive drainage study.
The siting of a drainage basin for the project area shall be
at the southwest corner of the project and adjacent to the
project boundary so that future expansion of this basin
beyond the boundary of the project area will be possible.
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 applicant shall initiate proceedings to form a Planned
Drainage Area if necessary to facilitate construction of the
drainage system.
The drainage study shall be submitted to and approved by the
City Engineer and the required drainage basin site and
necessary easements deeded to the City prior to recording of
any subdivision map or submittal of any development plan
within the project area.
Mitigation
In order to mitigate the impacts of any natural to urban
land conversion 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 loses to kit
fox habitat resulting from on-going construction activities.
No more than 231 (or 220 + 5%) single family residential
units shall be allowed on final subdivision maps for the
73.79 acre residential site.
WHEREAS, this Council has fully considered the
findings made by the Planning Commission as set forth in that
Resolution; and
WHEREAS, a Negative Declaration with mitigation was
advertised and posted on May 3, 1991, in accordance with CEQA;
and
WHEREAS, the City Council has considered and hereby
makes the following findings:
1. All required public notices have been given.
2. The provisions of CEQA have been followed.
3. Proposed Zoning Upon Annexation designations will
not have a significant adverse effect on the environment.
4. Public necessity, convenience, general welfare and
good planning practice justify the proposed Zoning Upon
Annexation to R-1 (One Family Dwelling) and C-1 (Limited
Commercial) zones.
5. Proposed Zoning Upon Annexation designations are
consistent with the Metropolitan Bakersfield 2010 General Plan
regarding location and design of residential designations.
6. The proposed prezoning is consistent with existing
land use in the area.
7. The proposed Zoning Upon Annexation would be
compatible with future and existing development on the
surrounding properties.
8. Public participation and notification requirements
pursuant to Sections 65090 and 65353 of the Government Code of
the State of California were duly followed.
9. No substantial detrimental environmental impact
could result from this zoning action, as mitigated; and
WHEREAS, the City Council has determined after due
consideration 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:
1. All of the foregoing recitals are hereby 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 No. 101-13 is
hereby amended by prezoning said property and extending the
boundaries of said map to include that certain property in the
County of Kern located at the southwest corner of Reina Road and
Jewetta Avenue contiguous to the boundary of the City of
Bakersfield known as the REINA NO. 1 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, hereto attached and made a part of this ordinance, and
are more specifically described as follows:
FROM COUNTY A (AGRICULTURE) TO CITY R-1 (ONE
FAMILY DWELLING) ZONE:
Lots 1, 2, 3 and 4 in Section 13, Township 29 south,
Range 26 east, M.D.B.&M., Kern County, California,
according to "Sales Map of Lands of Kern County Land
Company" filed November 25, 1891 in the Office of the
Kern County Recorder.
Excepting therefrom the north 678 feet of the
east 395 feet of above-described Lot 1.
Containing 73.79 +/- acres.
FROM COUNTY A (AGRICULTURE) TO CITY C-1
(LIMITED COMMERCIAL) ZONE:
The north 678 feet of the east 395 feet of
Lot 1 in Section 13, Township 29 south, Range
26 east, M.D.B.&M., Kern County, California,
according to the "Sales Map of Lands of Kern
County Land Company" filed November 24, 1891
in the Office of the County Recorder.
Containing 6.15 +/- acres;
SECTION 2.
This ordinance shall be posted in accordance with the
Bakersfield Municipal Code 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 ..........
5
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 AU$ 2 8 ~99~ , by the
following vote:
AYES; COUNCILMEMBERS: EDWA[{~)S. DeMOND, SMITH, BRUNNI. PETERSON, McOERMOTI', SALVAGGIO
NOES; COUNCILMEMBERS: NOIq~
ABSENT COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS'
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED AUG 2 8 1991
CLAR~.NC~. E. MEDDER$
MAYOR of the City of Bakersfield
APPROVED as to form:
LAWRENCE M. LUNARDINI
CITY ATTORNEY of the City of Bakersfield
pjt
a:CCO.S3
6
CiTY OF BAKERSFIELD
ZONING'MAP
SEC. I'~ I295.
LEGENO
R26E.
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALI FORN l A)
)
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 30th day of August , 19 91 she
posted on the Bulletin Board at City Hall, a full, true and correct copy of
the following: Ordinance No. 3'397 , passed by the Bakersfield
City Council at a meeting held on the 28th day of August 1~ 91,
and entitled:
/s/ CAROL WILLIAMS
CITY CLERK of the City of Bakersfield
DEPUTY City Clerk
NSAOPD