HomeMy WebLinkAboutORD NO 3483ORDINANCE NO. 3483
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND ZONING
MAP NO. 123-35 BY CHANGING THE ZONING OF 145
ACRES GENERALLY LOCATED BETWEEN MCKEE
ROAD AND TAINT HIGHWAY (SH 119) AND EAST OF
STINE ROAD FROM AN R-1 10,000 (ONE FAMILY
DWELLING ZONE TO AN R-1 (ONE FAMILY
DWELLING 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 between McKee Road and Taft Highway (SH
119) and east of Stine Road; and
WHEREAS, by Resolution No. 38-92 on July 16, 1992, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of
the Municipal Code to approve Rol (One Family Dwelling, minimum lot area 6,000
square feet per dwelling unit) as delineated on attached Zoning Map #123-35 marked
Exhibit "B" 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
10,000 (One Family Dwelling, minimum lot area 10,000 square feet per dwelling unit) to
an R-1 (One Family Dwelling, 6,000 sq.ft.) 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 28, 1992, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows residential,
public facilities, commercial and agricultural development; and
WHEREAS, the City Council has considered and hereby makes the
following findings:
1. All required public notices have been given.
ORIGINAL
2. The provisions of CEQA have been followed.
3. That the proposed Zone Change No. 5335 is consistent 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 as Exhibit "A" 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 with mitigation as set forth 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 "B" 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 Exhibit "A".
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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ORIGINAL
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
$EP 1 6 1~ , by the following vote:
AYES; COUNClLMEM~RS: EDWARDS, OeMOND, SMITH, GA~.;;N';, PETERSON, McDERMOTT, SALVAG610
NOES: COUNCILMEMBERS: ~ 01,1 ~'~
ABSENT COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED SEP ! 6 1992
CLARENCE E. MEI)DERS
MAYOR of the City of Bakersfield
APPROVED as to form:
CITY ATTORNEY of the City of Bakersfield
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ORIGINAL
EXHIBIT "A"
Conditions of Approval
General Plan Amendment 2-92, Segment XI
Zone Change No. 5335
Planning Department:
In order to mitigate the impacts of any development of the site on the kit fox (a Federally-listed
endangered species), the applicant must follow the Advisory Notice, detailing the Interim
Mitigation Measures established for the Metropolitan Bakersfield Habitat Conservation Plan
(MBHCP). These measures are necessary to prevent unauthorized take of foxes and to offset any
losses to kit fox habitat resulting from on-going construction activities. (Mitigation)
This approval is expressly conditioned on full compliance with the terms and conditions in
memorandums of understanding entered into between the developer and the Panama-Buena Vista
School District, dated July 16, 1992 and the Kern High School District dated July 15, 1992.
(Mitigation)
No habitable portion of a structure may be built within 50 ft. of a gas main, or transmission line.
(Condition)
No habitable portion of a structure may be built within 50 ft. of an interstate or intrastate
hazardous liquids pipeline. (Condition)
Prior to or concurrently with recordation of a final map, a covenant shall be recorded on all lots
of this tract, or portion thereof, which are within 250 feet of aforementioned pipeline. Covenant
shall acknowledge proximity of pipeline easement to said property and describe the name, type
and dimension of the pipeline. Prior to recordation, Subdiv/der shall submit and obtain approval
of the covenant wording with the City Attorney, Fire Safety Control Division and City Engineer.
(Condition)
The pipeline shall be located within a street right-of-way or other location acceptable to the
Planning Director. (Condition)
Public Works Devartment:
Upon further subdivision or development, 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. These fees
shall be paid at the time of issuance of a building permit. The signals and the developer's
proportionate share are as follows:
*St. Rt. 119 at SB St. Rt. 99 $11,280.00 (9.4% of $120,000.00)
Freeway Ramp Meters
St. Rt. 119 at SB 99 ramp $ 1,350.00 (2.7% of $50,000.00)
St. Rt. 119 at NB 99 ramp $ 4,300.00 (8.6% of $50,000.00)
TO'FAL $ 141,370.00
ORIGINAL
Exhibit "A"
GPA 2-92, Seg. XI
ZC 5335
In-lieu of the payment of the above fee of $141,370.00, the developer may pay a fee equal to the
sum of $16,930 (for the traffic signal located at State Route 119 and the south southbound State
Route 99 ramp and the northbound and southbound ramp meters for State Route 99 at State
Route 119) plus $750 per gross acre. This fee shall be proportioned across the lots within the
tract and shall be paid at the time of issuance of a building permit. (Condition)
Upon further subdivision or development, the developer shall pay to the City a fee for his
proportionate share of the cost of widening the following overcrossing along State Route 99. This
fee shall be paid at the time of issuance of a building permit. The proportionate share is based on
a 30,000 average daily trip (ADT) capacity increase of the crossings resulting from the widening:
Overcrossing ADT from project
*St. Rt. 119 1,240
Project proportionate share
2.07% of $1,675,303.00 = $ 34,623.00
10.
11.
(Condition)
Upon further subdivision or development, the developer shall pay to the City a fee for his
proportionate share of the cost of widening State Route 99 between White Lane and Hosking
Road. This fee shall be paid at the time of issuance of a building permit. 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 St. Rt. 119 1,178
St. Rt. 119 to tIoughton Rd. 330
Project proportionate share
7.85% of $1,000,000.00 = $78,533.00
2.20% of $1,000,000.00 = $22,000.00
TOTAL $100,533.00
(Condition)
Offers of dedication will be required to allow for the construction of the entire portion of State
Route 119 within the project area to arterial standards or greater as required by CalTrans. 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. (Condition)
Offers of dedication will be required to allow for the construction of the entire portions of Akers
Road and McKee Road within the project area 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. (Condition)
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ORIGINAL
Exhibit "A"
GPA 2-92, Seg. XI
ZC 5335
12.
13.
14.
15.
16.
17.
18.
19.
The applicant shall submit a comprehensive drainage study of the entire project area and including
the area between the west project boundary and Stine Road that is not a school site. 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 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
project area. (Condition)
The applicant shall submit a comprehensive sewerage study of the entire 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
project area. The applicant should note that the original plan to sewer this area from a line in
Akers Road to a lift station at the corner of Akers Road and Hosking Road may not be adequate
for the additional density allowed under the proposed land use due to trunk sewer line and pump
station restrictions. (Condition)
A bus turnout shall be constructed on State Route 119 west of Lee Ann Drive in accordance with
the requirements of Golden Empire Transit. (Condition)
State Route 119 is a future bikeway on the "Bikeway Master Plan" of the 2010 General Plan. It
shall be constructed as required by the 2010 General Plan for streets with bike lanes and as
required by Caltrans. (Condition)
Paved transitions approved by the City Engineer will be required where the construction on State
Route 119 meet existing pavement. (Condition)
At the time of further development or subdivision, the property owner(s) within the GPA area of
any areas not already w/thin 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 project area is within a transportation study corridor. (Condition)
Upon further subdivision or development, the developer/subdivider shall pay to the City a fee for
his proportionate share of the widening of the Akers Road crossing of the Arvin-Edison Canal.
This fee shall be paid at the time of issuance of a building permit. The proportionate share for
the entire project is $1,680.00 (0.6% x $280,000.00 = $1,680.00). (Condition)
ORIGINAL
Exhibit "A"
GPA 2-92, Seg. XI
ZC 5335
20.
21.
~lhe traffic impacts identified in items 1., 2., 3., and 13. above are based on 650 lots. The unit cost
per single family lot shall be proportional to the 650 lots and shall be maintained irregardless of
the number of lots that are finally created so that proportionate traffic mitigation will be achieved.
The traffic impact identified in items 7, 8, 9 and 19 above are based on 650 lots. The unit cost per
single family lot shall be calculated to be proportional to the 650 lots and maintained regardless of
the number of the lots that are finally created so that proportionate traffic mitigation will be
achieved. (Condition)
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ORIGINAL
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CITY OF 8AKERSFtELD
ZONING MAP
SEC $5 T ~05
LEGEND
123 -35
Exhibit "C"
Legal Description
Zone Change #5335
FROM AN R-1 (ONE FAMILY DWELLING, MINIMUM LOT SIZE 10,000 SQ.FT.)
TO AN R-1 (ONE FAMILY DWELLING, MINIMUM LOT SIZE 6,000 SQ.FT.):
Lots 21-23 and 25-29 Sales Map No. 1 Lands of J.B. Haggin, Section 35, Township 30
south, Range 27 east, except the west 451.70 feet and south 493.99 feet of the west
599.25 feet of Lot 25.
Containing 145 _+ acres.
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ORIGINAL
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
)
County of Kern)
CAROL WILLIAMS,
That she is the
of Bakersfield;
SS.
Being duly sworn, deposes
duly appointed,
and that on the
posted on the Bulletin Board at
the following: Ordinance
City Council at a meeting
and entitled:
and says:
acting and qualified City Clerk of the City
21st day of September , 19 92 she
City Hall, a full, true and correct copy of
No. 3483 , passed by the Bakersfield
held on the 16th day of September , 1992 ,
/s/ CAROL WILL%AMS
CITY CLERK of the City of Bakersfield
NSAOPD
By:
DEPUTY City Clerk
ORIGINAL