HomeMy WebLinkAboutORD NO 3466ORDINANCE NO. 3466
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND ZONING
MAP NO. 12~-25 BY CHANGING THE LAND USE
ZONING OF THOSE CERTAIN PROPERTIES IN THE
CITY OF BAKERSFIELD CONSISTING OF 10 ACRES
GENERALLY LOCATED ALONG THE NORTHWEST
CORNER OF SOUTH "H" STREET AND HOSKING
AVENUE FROM AN R-1 (ONE FAMILY DWELLING)
ZONE TO A C-2 (COMMERCIAL) ZONE.
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 petition to change the land use zoning of those certain properties
in the City of Bakersfield generally located at the northwest corner of South "H" Street
and Hosking Avenue; and
WHEREAS, by Resolution No. 89-91 on December 19, 1991, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of
the Municipal Code to approve a change in zone from an R-1 (One Family Dwelling)
zone to a C-2 (Commercial) zone, as delineated on attached map marked Exhibit "E"
and 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 an R-1
(One Family Dwelling, minimum lot area shall not be less than 6,000 square feet per
dwelling unit) to a C-2 (Commercial) zone 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 November 13, 1991, in accordance with CEQA; and
WHEREAS, the proposed general plan designations for this area allow GC
(General Commercial); and
OR;G~AL
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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O~;G~AL
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 Exhibits "A" and "D", attached
hereto and incorporated as though fully set forth herein.
4. That the proposed Zone Change No. 5244 is consistent with the
Metropolitan Bakersfield 2010 General Plan, subject to prior approval of related
GPA 4-91, Segment V.
5. The proposed zoning, as mitigated in Exhibit "B" attached hereto, will
not have a significant adverse effect on the environment.
6. Conditions of approval attached to the project as Exhibits "A" and "D"
and mitigation measures listed on 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 "E" attached hereto and made a part hereof, and are more specifically
described in attached Exhibit "C".
4. Such zone change is hereby made subject to the conditions of approval
listed in Exhibits "A" and "D" and mitigation measure listed on Exhibit "B".
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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
J U t4 9 4 lgg2 , by the following vote:
AYES: COUNCILM~MBERS: EDWARD&, DeMONO, SMITH. BRUNNI, P~TERSON. McDERMOTT, SALVAGGIO
NOES: COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
ABSTAIN: COUNClLMEMSERS'
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED JUN 2 4 ~992
CLARENCE E. MEDDERS
MAYOR of the City of Bakersfield
APPROVED as to form:
CITY ATTORNEY of the City of Bakersfield
pjt
Attachment - Exhibits "A" through "E"
p:o5244.cc
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OR;GLqAL
Exhibit "A"
Zone Change #5244
Conditions of Approval
o
At time of Tentative Tract submittal or the submittal of plans for site plan review,
the developer will be required to submit an archeological resources inventory for
any proposed developments on-site.
In order to mitigate the regional circulation impacts of the project, all land uses
will be subject, prior to issuance of a building permit, to the fee schedule attached
as Exhibit "D", adopted by the City Council on December 18, 1991, or such higher
fee as may be subsequently adopted by the City Council.
The Public Works Department has the following 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:
Panama Lane at South H St. $15,400
Panama Lane at SB 99 ramp $ 6,000
Panama Lane at NB 99 ramp $ 6,000
South H St. at Berkshire Rd. $ 21,600
South H St. at Hosking Rd. $ 45,600
South H St. at McKee Rd. $10,800
South H St. at Panama Ln. $ 9,600
St. Rt. 99 NB at St. Rt. 119 $ 6,000
St. Rto 99 SB at St. Rt. 119 $ 6,000
(11% of $140,000)
( 5% of $120,000)
( 5% of $120,000)
(18% of $120,000)
(38% of $120,000)
( 9% of $120,000)
( 8% of $120,000)
( 5% of $120,000)
( 5% of $120,000)
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 following overcrossings along State Route 99. The
proportionate shares are based on a 30,000 average daily trip (ADT)
capacity increase of the crossings resulting from the widening:
OR;GlObAL
Exhibit "A"
Zone Change #5244
Page 2
Overcrossing
ADT from project
Project Proportionate Share
Panama Lane
Hosking Avenue
State Route 119
588 2.0% of $2,000,000 = $ 40,000
882 2.9% of $2,000,000 = $ 58,000
588 2.0% of $2,000,000 = $ 40,000
TOTAL = $138,000
Offers of dedication will be required to allow for the construction of the
entire portion of South H Street and Hosking Avenue within the zone
change project area to 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
zone change area.
do
With the first development within the zone change project area, the
portion of South "H" Street adjacent to the zone change area shall be
constructed. Construction shall consist of the full west side (southbound)
of South "H" Street, a full landscaped median island to provide left-turn
lanes, and a minimum of one lane on the east side (northbound).
With the first development within the zone change area, the portion of
Hosking Avenue adjacent to the zone change area shall be constructed.
Construction shall consist of the full north side (westbound) of Hosking
Avenue, a full landscaped median island to provide left-turn lanes, and a
minimum of one lane on the south side (eastbound).
Prior to further subdivision or development, the subdivider/developer shall
submit a comprehensive drainage study of the entire GPA area. 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.
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Exhibit "B"
Zone Change #5244
Mitigation Measure
In order to mitigate the impacts of any natural to urban land conversion on the
San Joaquin kit fox (a State and Federally-listed Endangered Species), the
applicant must, prior to ground disturbance, follow the Advisory Notice, detailing
the Interim Mitigation Measures established for the Metropolitan Bakersfield
Habitat Conservation Plan.
l:rzc5244.pc
Exhibit "A"
Zone Change #5244
Page 3
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 GPA area.
go
Prior to further subdivision or development, the subdivider/developer shall
submit a comprehensive sewerage study of the entire GPA area. The
sewerage study should include, but not necessarily be limited to, sewerage
calculations, pipe sizes and locations, and proposed invert elevations.
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 GPA area.
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Exhibit "C"
Zone Change #5244
Legal Description
FROM AN R-1 (One Family Dwelling) TO A C-2 (Commercial) ZONE:
Located in the southeast quarter corner of the southeast quarter corner of the southeast
quarter corner of Section 25, Township 30 south, Range 27 east, M.D.B.&M., in the City
of Bakersfield, County of Kern, State of California, more particularly described as
follows:
Beginning at the southeast corner of Section 25, said point also being the centerline
intersection of Hosking Avenue and South "H" Street;
THENCE north 89011'32.5" west along the centerline of Hosking Avenue, 738 feet;
THENCE north 0036'56" east, 661 feet;
THENCE south 89012'06" east, 734 feet;
THENCE south 0°36'55.5" west, 661 feet to the point of beginning.
Containing 10 +/- acres.
Exhibit "D"
Zone Change 5244
LAND USE TYPE
TYPE FEE
NO. PER
UNIT
PROJECTED
INCOME
RESIDENTIAL PER LIVING UNIT
Single Family, detached 1 $1,179
Multi-Family 2 $ 828
NON-RESIDENTIAL PER ADT* TRIP
Heavy/Service Industrial 3 $ 87
Light Industrial 4 $ 38
OFFICE COMMERCIAL
Under 100,000 sq.ft 5 $ 33
100,000 - 199,999 sq.ft. 6 $ 39
200,000 sq.ft. & over 7 $ 41
RETAIL COMMERCIAL
Under 10,000 sq.ft. 8 $ 39
10,000 - 49,999 sq.ft. 9 $ 25
50,000 - 99,999 sq.ft. 10 $ 28
100,000 - 199,999 sq.ft. 11 $ 31
200,000 o 299,999 sq.ft. 12 $ 35
300,000 - 399,999 sq.ft. 13 $ 44
400,000 - 499,999 sq.ft. 14 $ 53
500,000 - 999,999 sq.ft. 15 $ 64
1,000,000 sq.ft. & over 16 $ 71
TOTAL REVENUE DEVELOPED BY FEE
* ADT:
$141,708,191
$12,183,323
$ 4,285,611
$ 4,651,668
$ 3,720,954
$ 47,982,813
$214,532,560
Average Daily Traffic (with retail under 10K @ 50%)
OR;G~t~AL
PUD
A-~OA
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CITY OF BAKERSFIELD
ZONING MAP 17_3-25
SEC 25 I :~OS fl. 27E
LEGEND
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
)
County of Kern)
SS.
C~ROL WILLIAMS, Being duly
That she is the duly appointed,
of Bakersfield; and that on the
sworn, deposes and says:
acting and qualified City Clerk of the ~lty
30th day of J~.~e , 19 92 sh'-=
posted
the following: Ordinance No.
City Council at a meeting held on the
and entitled:
on the Bulletin Board at City Hall, a
3466
24th
full, true and correct copy of
, passed by the Bakersfi,eld
day of June , 19 92,
NSAOPD
/s/ CAROL WILLIAMS
CITY CLERK of the City of Bakersfield