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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. -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 NOV 2 0 1991 , by the following vote: AYES; COUNCILMEMBERS: EDWARDS, DeMOND, SMITH, C,'IL~;;,';',, PETERSON, McDERMOTF, SALVAGGIO NOES, COUNCILMEMBERS: /'~,'V'~ , A~$ENT COUNCILMEMBERS: ~' 3STAIN COUNCILMEMBERS' CITY CLERK and ~ Officio Clerk of the Council of the City of Bakersfield APPROVED ~10V 2 0 1991 CLARENCE E. MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: CITY ATYORNEY of the City of Bakersfield RD:pjt Attachment a:cco.sl Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" -4- STATE R-$ 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. a:sl 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. a:ldl 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'~