HomeMy WebLinkAboutORD NO 3416 ORDINANCE NO. 8 ~ 1 6
AN ORD ~NANCE AMENDING SECTION
17.06.020 OF CHAPTER 17.06 (ZONING
MAP) OF THE BAKERSFIELD MUNICIPAL
CODE AND CITY ZONING MAP 123-35 BY
PREZONING PROPERTY LOCATED ALONG
THE WEST SIDE OF WIBLE ROAD
BETWEEN MCKEE ROAD AND STATE
HIGHWAY 119 KNOWN AS WlBLE NO. 11
ANNEXATION (WARD 6).
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 THURSDAY, SEPTEMBER 19, 1991, on a request by the City of
Bakersfield to zone certain property now being annexed to said City, known as WlBLE
NO. 11 ANNEXATION, and made several general and specific findings of fact which
warranted a negative declaration of environmental impact; and
WHEREAS, Wible No. 11 Annexation prezoning area comprises 115 +/-
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. 72-91 on September 19, 1991, the Planning
Commission recommended ap-~roval and adoption of an ordinance amending Title 17 of
the Municipal Code to approve Zoning Upon Annexation No. 5213 to City R-1 (One
Family Dwelling, minimum lo! area not less than 6,000 square feet per dwelling unit) on
a 106 +/- acre site located along the west side of Wible Road between McKee Road and
State Highway 119, and to City C-2 (Commercial) on a 9 +/- acre site located along the
northwest corner of Wible Road and State Highway 119, with conditions of approval in
attached Exhibit "B" and mitigation in attached Exhibit "C", as set forth in said
resolution; and
WHEREAS, the law and regulations relating to the preparation and
adoption of Negative Declarations, as set forth in CEQA and City of Bakersfield
Resolution No. 107-86, have been duly followed by city staff, Planning Commission and
this Council; and
WHEREAS, this Council has fully considered the findings made by the
Planning Commission as set fcrth in that Resolution; and
WHEREAS, a N~gative Declaration with mitigation was advertised and
posted on August 21, 1991, in ~ccordance with CEQA; and
WHEREAS, this Council upheld the decision of the Planning Commission
at said public hearing; 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 and C-2 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 No. 5213 would be compatible
with future and existing development on the surrounding properties; 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.
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3. That Title Seventeen of the Bakersfield Municipal Code of the City of
Bakersfield and City Zoning Map No. 123-35 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 along the west side of Wible Road between McKee Road
and State Highway 119 contiguous to the boundary of the City of Bakersfield known as
the WlBLE NO. 11 ANNEXATION, upon the annexation of said property to the City of
Bakersfield, subject to the conditions of approval in attached Exhibit "B" and mitigation
in attached Exhibit "C", 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 in attached Exhibit "D".
SECTION 2.
This ordinance shall be posted in accordance with the Bakersfield
Municipal Code 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.
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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
NOV ~ n 1~91 , bythe following vote:
AYES; COUNCILMEMBERS EDWAR9.~, OeMOND, SMITH, 3;;,U;;;;L PETERSON, McDERMOD', SALVAGGIO
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS'
ABSTAIN: COUNCILMEMBERS
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED NOV 2 0 1991
CLARENCE E. MEDDERS
MAYOR of the City of Bakersfield
APPROVED as to form:
CITY ATTORNEY of the City of Bakersfield
pit
Attachment - Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
a:CCO.ZUA.S1
4
A-ZOA [0
~TATE
R~$
CITY OF BAKERSFIELD
ZONING MAP 123-35
SEC. $5
LEGEND
EXHIBIT "A"
ZONE
ZONING UPON ANNEXATION 5213
WIBLE NO. 11
EXHIBIT "B"
Conditions of Approval
General Plan Amendment 3-91, Segment I
Zone Change 5213
Zoning Upon Annexation 5213
Planning
All electrical illumination facilities shall be directional and aligned so as to limit
light and glare impacts on residential development. Any site plan approval for
the commercially designated area must defineate location and specifics of lights
and is subject to approval by the Director of Planning.
The ma~6mum number of dwelling units shah be 500 units (5.3 units per net acre)
based on the applicant's traffic study addressing 500 single family dwellings.
Public Works
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 h/s proportionate share of future signals in the project area impacted
/tom 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:
Wible Road at St. Rt. 119
W~le Road at Hosking Road
Wible Road at McKee Road
St Rt. 119 at St. Rt 99 S.
St. Rt. 119 at St. Rt. 99 N.
South H St. at St. Rt. 119
19,600.00 (16.4% of $120,000.00)
10,300.00 (8.6% of $120,000.00)
35,600.00 (29.7% of $120,000.00)
9,100.00 (7.6% of $120,000.00)
7,600.00 (6.3% of $120,000.00)
4,900.00 (4.1% of $120,000.00)
TOTAL $ 87,100.00
Said agreement shall require that payment be made to the city upon demand at
the time funds are required for signal construction.
Prior to further subdivision or development, the developer shall either pay to the
city. a fee or enter into an agreement with the city and post approved security to
guarantee his proportionate share of the cost of widening the State Route 119
overcrossing at State Route 99. As presented in the traffic study performed by
Ronald F. Ruettgers, the volume of project traffic using this overcrossing results
in an estimated proporzionate share cost of $100,000.
ORIGINAL
Exhibit "B" - Conditions of Approval
GPA 3-91, Seg. I
Page 2
Offers of dedication will be required to allow for the construction of the entire
portion of Wible Road within the project area to arterial standards and the entire
portion of McKee 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 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.
The applicant shall submit a comprehensive drainage study of the entire project
area (zone change area and annexation area). The drainage study should include,
but not necessarily be limited to, drainage calculations, pipe sizes and locations,
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 certificate of compliance or submittal of
any development plan within the project area.
The applicant shall submit a comprehensive sewerage study of the entire project
area (zone change area and annexation area). The sewerage study should
include, but not necessarily be limited to, sewerage calculations, pipe sizes and
locations, pump station calculations and locations, and proposed invert elevations.
The sewer line currently being constructed in Akers Road between Hosking Road
and McKee Road has not been designed to have capacity to serve the GPA area.
The sewerage study shall be submitted to and approved by the City Engineer
prior to recording of any subdivision map or certificate of compliance or submittal
of any development plan within the project area.
Wible Road and State Route 119 are future bikeways on the "Bikeway Master
Plan" of the 2010 General Plan. They shall be constructed as required by the
2010 General Plan for streets with bike lanes and, for State Route 119 only, also
as required by Caltrans.
Offers of dedication will be required to allow for the construction of the entire
portion of State Route 119 within the project area to Caltrans standards and to
City arterial standards. Such offers shall include sufficient widths for expanded
intersections and additional areas for landscaping as directed by the City
Engineer. 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.
EXHIBIT "C"
Mitigation Measure
General Plan Amendment 3-91, Segment I
Zone Change 5213
Zoning Upon Annexation 5213
In order to mitigate the impacts of any development of the site 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
fox habitat resulting from on-going construction activities.
a:sl
EXHIBIT "D"
Legal Description
Zone Change 5213
FROM COUNTY A TO CITY R-l:
Being all of Lots 17, 18, 19, 30, 31 and 32 in Section 35, T.30S.R27E., M.D.B.&M.,
County of Kern, State of California as per the Sales Map No. I of the lands of J.B.
Haggin recorded May 3, 1889 in the Office of the County Recorder of said county.
Excepting therefrom. the south 660.00 feet of the east 660.00 feet of said Lot 32.
Containing 106 +/- acres.
FROM COUNTY C-2 TO CITY C-2:
Being the south 660.00 feet of the east 660.00 feet of Lot 32 in Section 35, T.30S.,
R27E., M.D.B.&M., County of Kern, State of California, as per the Sales Map No. 1 of
the lands of J.B. Haggin recorded May 3, 1889 in the Office of the County Recorder of
said county.
Containing 9 +/- acres.
a:ld
EXHIBIT "~' (cont.)
LEGAL DESCRIPTION FOR ANNEXATION
Being all of Lots 17, 18, 19, 30, 31, and 32 in Section 35 and the
West 30.00 feet of Lots 23, 24, 25 and 26 in Section 36, T.30S.,
R.27E., M.D.M. County of Kern, State of California, as per the
Sales Map No. 1 of The-Lands of J. B. Haggin recorded May 3, 1889
in The Office of The County Recorder of said county.
Contains 121.76 Acres
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SSo
County of Kern)
CAROL WILLIAMS, Being duly sworn,
That she is the duly appointed,
of Bakersfield; and that on the
posted on the Bulletin Board at
the following: Ordinance
City Council at a meeting held on
and entitled:
deposes and says:
acting and qualified City Clerk of the City
25th day of November , 1991 she
City Hall, a full, true and correct copy of
No. 3416 , passed by the Bakersfield
the 20th day of November , 1991
NSAOPD
/s/ CAROL WILLIAMS
CITY CLERI~ of the City of Bakersfield