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".
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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