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HomeMy WebLinkAboutORD NO 3467ORDINANCE NO. 3467 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 FROM AN R-1 (ONE FAMILY DWELLING) TO A C-2 (COMMERCIAL) ON 15 -i-/- ACRES GENERALLY LOCATED ALONG THE SOUTHWEST CORNER OF SOUTH "H" STREET AND BERKSHIRE ROAD. 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 along the southwest corner of South "H" Street and Berkshire Road; and WHEREAS, by Resolution No. 90-91 on December 19, 1991, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve R-1 (One Family Dwelling, minimum lot area shall be not less than six thousand square feet per dwelling unit), R-2 (Limited Multiple Family Dwelling, minimum lot area shall be not less than six thousand square feet, and the minimum lot area shall not be less than twenty-five hundred square feet per dwelling unit) and C-2 (Commercial), 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) to R-2 (Limited Multiple Family Dwelling) and C-2 (Commercial) zones 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 October 29, 1991, in accordance with CEQA; and WHEREAS, the proposed general plan designations for this area allow LR (Low Density Residential, less than or equal to 7.26 dwelling units per net acre), GC (General Commercial) and LI (Light Industrial); and WHEREAS, the City Council has considered and hereby makes the following findings: I. Property owner withdrew the request for R-2 (Limited Multiple Family Dwelling) zoning and wishes to retain the existing R-1 (One Family Dwelling) zoning. 2. All required public notices have been given. 3. The provisions of CEQA have been followed. 4. 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. 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". OR G,~IAL 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. 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 June 24, 1992 , by the following vote: AYES; COUNCILMEMBERS: EDWARDS, DeMOND. SMITH, BRUNNI, PETERSON, McDERMOTT SALV/~;'~ I0 NOES; COUNCILMEMBERS: '~ttt~' ABSENT COUNCILMEMSERS: ~ ~ A~STAIN: COUNCILMEMBERs'N~ '' CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED June 24, 1992 CLARENCE E. MAYOR of the City of Bakersfield APPROVED as to form: LAWRENCE M. LUNARDII~V/ CITY ATFORNEY of the City of Bakersfield pit Attachment - Exhibits "A" through "E" p:o5247.cc Exhibit "A" Zone Change #5247 Conditions of Approval The developer is required to dedicate and/or reserve a park site of 8 acres or more with the first final map recorded within the GPA 4-91, Segment V project area. Dedications will be required at the level of service of 2.5 acres per 1,000 population proposed. The area of the park not required to be dedicated shall be reserved to provide a total of 8 or more acres. At time of Tentative Tract submittal for the area zoned Limited Multiple Family Dwelling adjacent to Highway 99, the developer will be required to submit an acoustical report indicating the means the developer intends to comply with the noise standards indicated in the Noise Element. 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. Prior to further subdivision or development, the subdivider/developer shall submit a comprehensive drainage study of the entire General Plan Amendment 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. The South H Street crossing of the Arvin-Edison Canal shall be widened to match the width of the road improvements specified above. 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. Prior to further subdivision or development, the subdivider/developer shall submit a comprehensive sewerage study of the entire General Plan Amendment 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. OR;G:~AL Exhibit "A" Zone Change #5247 Page 2 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 adopted by Ordinance No. 3429, adopted January 29, 1992, or such higher fee as may be subsequently adopted by the City Council. The Public Works Department has the following conditions to be added to the portion of the project as owned by John Giumarra: 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. $10,360 Panama Lane at SB 99 ramp $ 5,760 Panama Lane at NB 99 ramp $ 7,020 South H St. at Berkshire Rd. $23,160 (14.8% of $140,000/2) (9.6% of $120,000/2) (11.7% of $120,000/2) (19.3% of $120,000) Freeway Ramp Meters: Panama Lane at NB 99 ramp $ 2,375 (4.73% of $ 50,000) 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: Overcrossing Panama Lane Hosking Road ADT from project Project Proportionate Share 2,589 8.6% of $1,800,000/2 = $77,400 518 1.73% of $1,800,000 = $33,092 TOTAL = $ 108,492 OR;(~tJAL Exhibit "A" Zone Change #5247 Page 3 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 appropriate share of the cost of widening State Route 99 between White Lane and Hosking Road. As presented in the Traffic Study, the volume of project traffic using this portion of the Freeway and the proportionate share are presented as follows: Section of Freeway ADT from Project Panama Ln to Hosking Rd 445 White Ln to Panama Ln 1,314 Project Proportionate Share 2.23% of $500,000 = $11,150 6.51% of $750,000 = $49,275 TOTAL = $ 60,425 Offers of dedication will be required to allow for the construction of the entire portion of South H Street between the Arvin-Edison Canal and the south line of Lot 31 (in Section 25, T30S, R27E, as shown on Sales Map No. 1 of Lands of J.B. Haggin, filed May 3, 1889) to arterial standards and the entire portion of Berkshire Road between South H Street and State Route 99 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. With the first development within the zone change area, the 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) of South H Street shall be constructed. The developer shall pay a proportionate share of the cost of widening the South "H" Street Canal crossing of the Arvin-Edison Canal based on a capacity increase of 24,000 ADT and estimated cost of construction of $150,000. Canal Crossing ADT Proj. South "H" Street at Arvin-Edison Canal 8,100 Project Proportionate Share 33.8% of $150,000 -- $50,700 Exhibit "A" Zone Change #5247 Page 4 To meet the recommendations of Caltrans, the developer shall, prior to further subdivision or development, either pay to the City a fee or enter into an agreement with the City and post approved security to guarantee his appropriate share of the cost of providing an additional southbound off-ramp lane at the Route 99/Panama Lane interchange. Developer shall supply an estimate of the cost for constructing the additional lane and justification for the applicant's proportionate share to the City Engineer to be reviewed for approval, prior to further subdivision or development. Exhibit "B" Zone Change #5247 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:rzc5247.pc Exhibit "C" Zone Change #5247 Legal Description FROM AN R-1 (ONE FAMILY DWELLING) ZONE TO A C-2 (COMMERCIAL) ZONE: All that portion of Lots 17 and 18 in Section 25, Township 30 south, Range 27 east, M.D.B.&M. (as shown on Sales Map No. 1 of Lands of J.B. Haggin filed May 3, 1889), City of Bakersfield, State of California, described as follows: The easterly 572 feet of said Lot 17; and Beginning at the northeast corner of said Lot 18; Thence (1) Southerly along said east line of said Lot 18, 478 feet, more or less; Thence (2) Westerly parallel with the said south line of said Lot 18, 572 feet, more or less; Thence (3) Northerly parallel with the said west line of said Lot 18, 478 feet, more or less, to the said north line of said Lot 18; Thence (4) Easterly, along the said north line of said Lot 18, 572 feet, more or less, to the Point of Beginning. Contains: 15 acres, net, more or less. Exhibit "D" Zone Change 5247 LAND USE TYPE TYPE FEE NO. PER UNIT RESIDENTIAL PER LIVING UNIT Single Family, detached Multi-Family $1,179 $ 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 - 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: Average Daily Traffic (with retail under PROJECTED INCOME $141,708,191 $ 12,183,323 $ 4,285,611 $ 4,651,668 $ 3,720,954 $ 47,982,813 $214,532,560 10K @ 50%) CITY OF BAKERSFIELD ZONING MAP 123-2§ SEC. 25 T ~Os fl. 2?E. LEGEND · AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) County of Kern) SS. 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 1st day of July , 19 92 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ord~nmn~ No. 3~+67 , City Council at a meeting held on the 24[h day of and entitled: passed by the Bakersfield , 19 92, NSAOPD /s/ CAROL W~LLI~IS CITY CLERK of the City of Bakersfield By: __ DEPUPY City Clerk ~/ ~ %.'~,~ OR;~:~4AL