HomeMy WebLinkAboutORD NO 3417ORDINANCE NO. 3 4 ~ 7
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND ZONING
MAP NO. 123-3~ BY CHANGING THE LAND USE
ZONING OF THOSE CERTAIN PROPERTIES IN THE
CITY OF BAKERSFIELD CONSISTING OF 2.0 +/- ACRES
GENERALLY LOCATED ALONG THE SOUTH SIDE OF
MCKEE ROAD IAPPROXIMATELY ONE-HALF MILE
WEST OF WIB LE ROAD FROM R-1 10,000 (ONE FAMILY
DWELLING, MINIMUM LOT AREA NOT LESS THAN
10,000 SQUARE FEET PER DWELLING UNIT) TO R-1
(ONE FAMILY !DWELLING, MINIMUM LOT AREA NOT
LESS THAN 6,000 SQUARE FEET PER DWELLING
UNIT).
WHEREAS, in ~ccordance with the procedure set forth in the provisions of
Title 17 of the Municipal Cole of the City of Bakersfield, the Planning Commission held
a public hearing on a petitionI to change the land use zoning of those certain properties
in the City of Bakersfield generally located along the south side of McKee Road
approximately one-half mile West of Wible Road; and
WHEREAS, by Resolution No. 71-91 on September 19, 1991, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of
the Municipal Code to approve R-1 zoning as delineated on attached map marked
Exhibit "A", by this Council aad 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 Changes in zoning of the subject property from R-1 10,000
to R-1 and the Council has considered said findings and all appear to be true and
correct; 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, the Planning Commission
and this Council; and
WHEREAS, a Negative Declaration with mitigation was advertised and
posted on August 21, 1991, inl accordance with CEQA; and
WHEREAS, the. general plan designation for this area allows LR (Low
Density Residential) development; 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. That public necessity, convenience, general welfare and good zoning
practice justify the change in zone, as conditioned in Exhibit "B" attached hereto and
incorporated as though fully set forth herein.
4. That the proposed Zone Change No. 5213 is consistent with the
Metropolitan Bakersfield 2010 General Plan.
5. The proposed zoning, as mitigated, will not have a significant adverse
effect on the environment.
6. Conditions of approval attached to the project as Exhibit "B" are
included in the project to minimize and/or mitigate impacts, and to ensure that the
density allowed by the general plan is not exceeded.
WHEREAS, the City Council has determined after due consideration 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 changes should be authorized.
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 is hereby approved and adopted.
3. Section 17.06.020 (Zoning Map) of the Municipal Code of the City of
Bakersfield be and the same is hereby amended by changing the land use zoning of that
certain property in said City, the boundaries of which property is shown on the map
marked Exhibit "A" attached hereto and made a part hereof, and are more specifically
described in attached Exhibit "D".
4. Such zone change is hereby made subject to the conditions of approval
listed in Exhibit "B" and mitigation measures listed in Exhibit "C".
SECTION 2.
This ordinance shall be posted in accordance with the Bakersfield
Municipal Code and shall become effective 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 2 0 1991 , by the following vote:
AYES; COUNCILMEMBERS: EDWARDS, DeMOND, SMITH, C,'IL~;;,';',, PETERSON, McDERMOTF, SALVAGGIO
NOES, COUNCILMEMBERS: /'~,'V'~ ,
A~$ENT COUNCILMEMBERS:
~' 3STAIN COUNCILMEMBERS'
CITY CLERK and ~ Officio Clerk of the
Council of the City of Bakersfield
APPROVED ~10V 2 0 1991
CLARENCE E. MEDDERS
MAYOR of the City of Bakersfield
APPROVED as to form:
CITY ATYORNEY of the City of Bakersfield
RD:pjt
Attachment
a:cco.sl
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
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STATE
R-$ C-2
CtTY OF BAKERSFIELD
ZONING MAP 123-35
SEC, $5 I 30s R. 27E.
LEGEND
Planning
1.
Public
3.
EXHIBIT "B"
Conditions of Approval
General Plan Amendment 3-91, Segment I
Zone Change 5213
Zoning Upon Annexation 5213
All electrical illumination facilities shall be d/rectional and al/gned so as to limit
light and glare finpacts on residential development. Any s/re plan approval for
the commercially designated area must delineate location and specifics of lights
and is subject to approval by the Director of Planning.
The maximum number of dwelling units shall be 500 units (5.3 units per net acre)
based on the applicant's traffic study addressing 500 single family dwellings.
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 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:
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 subdiv/sion or development, the developer shah 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 widen/ng the State Route 119
overcrossing at State Route 99. As presented in the traffic study performed by
Ronald F. Ruettgers, the volume of project traff/c using this overcrossing results
in an esthnated proportionate share cost of $100,000.
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.
ORIG;NA[.
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.
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EXHIBIT "D"
Legal Description
Zone Change 5213
FROM R-1 10,000 TO R-l:
Being all of Lot 20 in Section 35, T.30 S., R.27 E., 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.
Containing 19.99 +/- acres.
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
County of Kern)
CAROL WILLIAMS, Being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk
of Bakersfield; and that on the 25th day of November
posted on the Bulletin Board at City Hall, a full, true and
of the City
, 19 91 she
correct copy of
the following: Ord±nance No. 3417
City Council at a meeting held on the 20th
and entitled:
passed by the Bakersfield
day of November , 1991 ,
NSAOPD
/s/ CAROL WILLIAMS
CITY CLERK of the City of Bakersfield
BY:D~UT~City~Cle'~