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HomeMy WebLinkAboutORD NO 3482ORDINANCE NO. ~482 AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 103-35 BY CHANGING THE ZONING OF 1.7 ACRES GENERALLY LOCATED AT THE NORTHEAST CORNER OF EAST BRUNDAGE LANE AND OSWELL STREET FROM AN R-1 (ONE FAMILY DWELLING) 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 northeast corner of East Brundage Lane and Oswell Street; and WHEREAS, by Resolution No. 32-92 on June 18, 1992, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve a change of zone from an R-1 (One Family Dwelling) to a C-2 (Commercial) zone on 1.7 acres as delineated on attached Zoning Map # 103-35 marked Exhibit "C", by this Council 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 a C-2 (Commercial) zone on 1.7 acres 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 April 23, 1992, in accordance with CEQA; and WHEREAS, the existing general plan designation for this area allows residential development; and WHEREAS, the proposed general plan designation for this area, through GPA 2-92, Segment VII, would allow commercial development; and ORIGINAL 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 the proposed Zone Change No. 5318 is consistent, subject to prior approval of GPA 2-92, Segment VII, with the Metropolitan Bakersfield 2010 General Plan. 4. The proposed zoning, as mitigated, will not have a significant adverse effect on the environment. 5. Conditions of approval attached to the project in Exhibit "A" are included in the project to minimize and/or mitigate impacts. 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, with mitigation listed in Exhibit "A", 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 "C" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "B". 4. Such zone change is hereby made subject to prior approval of GPA 2- 92, Segment VII, with the conditions of approval listed in Exhibit "A". -2- ORIGINAL 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 SFP 1 6 I~ , by the following vote: AYES: COUNCILMEMBERS: EOWAR~, 0eMONO, $M~TH,-~'N~, ~T~RSON, McDERMO~, SALVAGGIO WES: COUNCILMEMBERS: ~W~'~, -- ~$ENT COUNCILMEMBERS: ~.Y'~.w~ I A~S'[AIN: COUNCILMEMBERS' CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED SEP 1 6 1992 CLARENCE E. MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: ~'~WRENCE M.~L ~ARDINI CITY ATTORNEY of the City of Bakersfield pit Attachment - Exhibits "A" - "C" -3- ORIGINAL EXHIBIT "A" Recommended Conditions of Approval and Mitigation Measures GPA 2-92, Segment VII Zone Change #5318 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. (Mitigation) Prior to recordation of any residential subdivision that contains lots within the 10.8 acre GPA area (see Exhibit "B"), the subdivider shall pay $5,885 per dwelling unit to the Fairfax School District or form a Mello-Roos District CFD, or some other mitigation acceptable to the District. This fee shall only apply to lots that have 50% or more of their lot area within the GPA site. (Mitigation) This approval is expressly conditioned on full compliance with the terms and conditions of a Memorandum of Understanding entered into between the developer and the Kern Union High School District dated June 18, 1992. (Mitigation) Upon further subdivision or development of the commercial site, the developer shall pay to the city fees for his proportionate share of future traffic 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 developer's proportionate share are as follows: Oswell St. at Brundage Lane Oswell St. at EB St. Rt. 58 Fairfax Rd. at EB St. Rt. 58 Oswell St. at WB St. Rt. 58 Fairfax Rd. at WB St. Rt. 58 TOTAL (Condition) $ 9,240 $ 7,040 $ 1,760 $ 7,320 $1,56o $26,920 (7.7% of $120,000) (4.4% of $160,000) (1.1% of $160,000) (6.1% of $120,000) (1.3% of $120,000) Upon further subdivision or development of the commercial site, the developer shall pay to the City a fee for his proportionate share of the cost of widening Fairfax Road to 4 lanes between Brundage Lane and State Route 58. The proportionate share is based on a 30,000 average daily trip (ADT) capacity increase of the street resulting from the widening. The proportionate share for the entire project is $848 (1.6% x $53,000 = $848). (Condition) ORIGINAL Exhibit "A" GPA 2-92, Seg. VII ZC #5318 Page 2 o 10. 11. Upon further subdivision or development of the commercial site, the developer shall pay to the City a fee for his proportionate share of the cost of widening Fairfax Road to 4 lanes between Brundage Lane and Edison Highway. The proportionate share is based on a 30,000 average daily trip (ADT) capacity increase of the street resulting from the widening. The proportionate share for the entire project is $636 (0.6% x 106,000 = $636). (Condition) Offers of dedication will be required to allow for the construction of the entire portions of Brundage Lane and Oswell Street within the 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 commercial area. (Condition) The applicant shall submit a comprehensive sewerage study of the commercial project 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 commercial project area. (Condition) Brundage Lane and Oswell Street are future bikeways on the "Bikeway Master Plan" of the 2010 General Plan and shall be constructed as required by the 2010 6eneral Plan for streets with bike lanes. (Condition) At the time of further development or subdivision of the commercial area, the property owner(s) within the GPA area of any areas not already within a maintenance district shall request to be annexed to an existing maintenance district or request creation of a new maintenance district for their property. (Condition) The General Commercial frontages along Oswell Street and Brundage Lane shall be constructed with development of the commercial site or with development of the adjacent residential areas fronting those streets. (Condition) ORIGINAL EXHIBIT "B" Zone Change #5318 FROM CITY R-1 (ONE FAMILY DWELLING) ZONE TO CITY C-2 (COMMERCIAL) ZONE: The west 385 feet of the south 385 feet of the southwest 1/4 of the southwest 1/4 of Section 35, Township 29 south, Range 28 east, M.D.B.&M., excepting therefrom the west 255 feet of the south 225 feet of the said Section. EXCEPTING the east half of the street right-of-way along Oswell Street and the north half of the street right-of-way along East Brundage. Containing 1.73 acres, more or less (acreage shown excludes public street right-of-way). ORIGINAL CiTY OF BAKERSFIELD ZONING MAP 103-35 AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) ss. County of Kern) 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 18th day of SeDtember , 19 92 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No.3482 City Council at a meeting held on the 16th and entitled: , passed by the Bakersfield day of Septeraber , 19 92 , NSAOPD /s/ CAROL WILLIAMS CITY CLERK of the City of Bakersfield DEPUTY City Clerk OR/81NAL