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