HomeMy WebLinkAboutORD NO 3487ORDINANCE NO. 3487
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND ZONING
MAP NO. 12.3- 34 BY CHANGING THE ZONING OF 160 __
ACRES GENERALLY LOCATED WEST OF STINE ROAD
BETWEEN HOSKING AVENUE AND MCKEE ROAD
FROM E-l/4 (ESTATE-I/4 ACRE MINIMUM) TO R-1
(ONE FAMILY DWELLING) ON 132 --. ACRES AND
(LIMITED MULTIPLE FAMILY DWELLING) ON 16 __.
ACRES AND RS-2.SA (RESIDENTIAL SUBURBAN-2.5
ACRES MINIMUM) ON 12 ACRES.
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
proposed to be annexed to the City of Bakersfield generally located west of Stine Road
between Hosking Avenue and McKee Road; and
WHEREAS, by Resolution No. 36-92 on June 18, 1992, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of
the Municipal Code to approve R-1 (One Family Dwelling) on 132 ± acres, R-2
(Limited Multiple Family Dwelling) on 16 __ acres and RS-2.5A (Residential Suburban-
2.5 acres minimum) on 12 _+ acres as delineated on attached Zoning Map #123-34
marked Exhibit "A", 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 County E-
1/4 (Estate-I/4 acre minimum) to City R-1 (One Family Dwelling) on 132 ± acres, R-2
(Limited Multiple Family Dwelling) on 16 ± acres RS-2.5A (Residential Suburban-2.5
acres minimum) on 12 ± 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 27, 1992, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows residential
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. Based on the initial study and comments received, the proposed project
could not have a significant effect on the environment. A Negative Declaration with
mitigation measures was advertised and posted on April 27, 1992.
4. The recommended land use designations for the project site are
consistent with the Metropolitan Bakersfield 2010 General Plan.
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 "A" 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 "B".
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.
-2-
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 3 0 1992 , by the following vote:
AYES: COUNCILMEF.;gERS: EE"NARD$, DeMONO, SMITH. BRUNNI. ~ McDERMOTT, SALVAGGIO
NOES; COUNCILMEMBERS
ABSENT COUNCILMEMbERS:
ABBTAIN: COUNCILMEMBERS'
Council of the City of Bakersfield
APPROVED SEP 8ofQ92
CLARENCE E. MEDDERS
MAYOR of the City of Bakersfield
APPROVED as to form:
LAWRENCE M. LUNARDINI
CITY ATTORNEY of the City of Bakersfield
pit
Attachment -
Exhibits "A" - "C"
res\o292s9.cc
-3-
ORIGINAL
o61
CITY OF BAKERSFIELD
' ...... "" ZONING MAP 12:5- 54
EXHIBIT "B"
Conditions of Approval
General Plan Amendment 2-92, Segment IX
Prezoniag No. 5322
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)
No habitable portion of a structure may be built within 50 feet of a gas main or the natural gas
transmission line. Also, property owners within 250 feet of the natural gas transmission line shall
be notified of the location of said line. (Mitigation)
If the high school site is not developed, any subdivision proposal of the "school site" shall provide
a traffic study, with the tentative map, identifying any traffic impacts associated with said
subdivision. All measures listed by the study shah be completed prior to tract recordation.
(Condition)
A six-foot solid block wall shaft be required where any proposed parking area within the school
site is within ten feet of a property llne adjacent to the multiple-family residential area.
(Condition)
The subdivider shaft pay $4,746 per dwelling unit at the time of building permit to the Panama-
Buena Vista Union School District or form a Mello-Roos CID, or some other mitigation
acceptable to the district. (Mitigation)
The subdivider shall pay $3,878 to the Kern High School District per dwelling unit at the time of
building permit or form a Mello-Roos CID, or some other mitigation acceptable to the district.
This approval is expressly conditioned on full compliance with the terms and conditions of a
Memoradum of Understanding entered into between the developer and the Kern High School
District dated June 18, 1992. (Condition)
Public Works:
NOTE: * indicates adjustments have been made on these items to account for the Regional
Transportation Impact Fee's contribution towards the item.
Upon further subdivision or development, the developer shah 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:
*Panama Lane at Ashe Rd $ 3,600.00
*Panama Lane at Stine Rd $ 7,200.00
*St. Rt. 119 at Stine Rd $ 1,560.00
Stine Rd at McCutchen Rd $ 22,600.00
Stine Rd at McKee Rd $ 14,500.00
(Condition)
(3.0% of $120,000.00)
(6.0% of $120,000.00)
(1.3% of $120,000.00)
(18.8% of $120,000.00)
(12.1% of $120,000.00)
ORIGINAL
Exhibit "B"
GPA 2-92, Seg. IX
Prezoning #5322
Page 2
Stine Rd at Berkshire Rd
Hosking Ave at N/S coil.
McKee Rd at N/S coil.
TOTAL
$ 14,400.00
$ 7,440.00
$ 1,440.00
$ 72,740.00
(12.0% of $120,000.00)
(6.2% of $120;000.00)
(1.2% of $120,000.00)
With the first development or subdivision within the project area, the deveioper/subdivider shall
pay to the City a fee for his proportionate share of the widening of the Stine Road crossing of the
Arvin-Edison Canal. The proportionate share for the entire project is $14,560.00 (5.2% x
$280,000.00 = $14,560.00). (Condition)
Upon further subdivision or development, the developer shall pay to the City a fee for his
proportionate share of the cost of widening Panama Lane to 4 lanes between Ashe Road and
Wible Road. The proportionate share for the entire project is $9,752.00. (Condition)
Ashe Rd to Stine Rd 2.1% x $212,000.00
Stine Rd. to WiNe Rd 5.0% x $106,000.00
Total
$4,452.00
$5,300.00
$9,752.00
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 119 to 4 lanes between A~he Road and
Stine Road. The proportionate share for the entire project is $2,756.00. (Condition)
Ashe Rd to Stine Rd 1.3% x $212,000.00 = $2,756.00
Offers of dedication will be required to allow for the construction of the entire portions of
McCutchen Road and Stine Road 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 GPA area. (Condition)
Offers of dedication will be required to allow for the construction of the entire portions of the
Collector Street along the west boundary of the project 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)
The applicant shall submit a comprehensive drainage study of the entire project area and including
the area outside of the project boundary at the southwest corner of McCutchen Road and Sfine
Road. 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.
ORIGJHAL
Exhibit "B"
GPA 2-92, Seg. IX
Prezoning #5322
Page 3
10.
I1.
12.
13.
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. (Condition)
Stine Road 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. (Condition)
Paved transitions approved by the City Engineer will be required where the construction on Stine
Road meets existing pavement. (Condition)
At the time of further development or subdivision, 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 project area is within a transportation study corridor. The alignment preferred by City staff
for the "South Beltway Freeway" extends across the north boundary of the project area. The area
within the proposed right-of-way for this freeway (an area 210 feet wide along the entire northern
boundary of the project area) shall be included within the last phase of subdivision development
within the project area, and no Final Map shall be approved for such area until two years from
the date of approval of this General Plan Amendment, unless an alternate alignment is approved.
(Condition)
The traffic study projected 469 units (191 single family and 278 multi-family) within the General
Plan Area and analyzed the traffic generated from this number of units, while the land use
proposed would allow more than 469 units. If more than 469 units are created, then the
subdivider/developer creating the units exceeding 469 shall pay additional proportionate traffic
mitigation fees for those units. (Condition)
p:292s9.ex
EXHIBIT "C"
Legal Description
Prezoning No. 5322
FROM COUNTY E-l/4 (ESTATE-I/4 ACRE MINIMUM) ZONE TO CITY R-I
(ONE FAMILY DWELLING) ZONE ON 132 - ACRES:
All that portion of the northeast quarter of Section 34, Township 30 south, Range 27
east, M.D.B.&M.
Exception therefrom that portion of the north half of the north half of said northeast
quarter, which lies east of the centerline of the 100-foot main canal, known as Farmer's
Canal. referred to in that certain deed from Kern County Land Company to Farmer's
Canal Company, a corporation. dated April 20, 1928 and recorded June 25, 1928 in
Book 128, Page 246 of Official Records.
Also excepting therefrom a parcel of land described as follows:
Beginning at the southeast corner of said northeast quarter;
THENCE north 89002'38" west, along the south line of said northeast quarter 1,384.00
feet;
THENCE north 00057'22" east, 514.16 feet;
THENCE south 89°01'37" east, 1,380.59 feet to a point on the east line of said northeast
quarter:
THENCE south 00034'34*' west along said east line, 513.76 feet to the point of beginning.
Containing 132.96 acres.
FROM COUNTY E-l/4 (ESTATE-I/4 ACRE MINIMUM) ZONE TO CITY R-2
(LIMITED MULTIPLE FAMILY DWELLING):
All that portion of the northeast quarter of Section 34, Township 30 south, Range 27
east. M.D.B.&M., more particularly described as follows:
Beeinnine at the southeast corner of said northeast quarter:
THENCE north 89°02'38" west, along the south line of said northeast quarter 1,384.00
feet:
THENCE north 00057'22" east, 514.16 feet;
THENCE south 89°01'37" east, 1,380.59 feet to a point on the east line of said northeast
quarter:
THENCE south 00034'34" west along said east line, 513.76 feet to the point of beginning.
Containing 16.31 acres.
ORIGI~AL
Exhibit "C"
Prezoning #5322
Page 2
BOUNTY (2,5) RS (RESIDENTIAL SUBURBAN COMBINING, 2.5 ACRE MINIMUM)
ZONE TC iiTY ~S - ~ ~ A (RESIDENTIAL SUBURBAN, ~ ~ ACRE MINIMUM LOT
SIZE) ZONE.
Beginning at a point on the North line of Section 24, T. 20 S., R
~ ~ M. D ~. County of Kern, State of California, said
being 510 feet West of the Northeast corner of said Section 34;
THENCE East, along said North line, 480 feet 5o a poinu on 5he West
line of the East 30 feet of said Section 34;
THENCE SouEh, along said West line, 658.91 feet ~ a poinu on the
Sou~h 'ine of ihe North ~ '~ North ~ '~ Nor~neas~ I,'4 ~f said
2ecu~an !4;
THENCE West, along said South line, 690 feet to Point "A";
THENCE Northeasterly, in a direct line, 690.27 feet (+/-) to the
Point of Beginning.
Containing 8.85 Acres (+/-)
COUNTY E (1/4) (ESTATE-i/4 ACRE MINIMUM) ZONE TO CITY RS - 2.5
'RESIDENTIAL SUBURBAN, ~ { ACRE MINIMUM LOT SIZE) ZONE.
Beginning at a point on the North line of said Section 34 being 510
iee~ ?~es~ sf ~he Norn~east corner of sazd section;
THENCE Southwesterly in a direct line 690.27 feet ,{~-~ to above
~escrzhed uozn~ .... ,on ~he Sou~h lzne ,ai ine Nor-~n £~2, ~or~h i/~
Norsheas5 _, 4, said Section 34);
THENCE West, along said South line, 360 feet;
THENCE Northeasterly in a direct line, 868.34 feeu (-/-} to ~he
Point ~f Beginning.
Containing 2.72 Acres
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SS.
County of Kern)
CAROL WILLIAMS, Being duly sworn,
That she is the duly appointed,
of Bakersfield; and that on the
posted on the Bulletin Board at
the following: Ordinance
City Council at a meeting held
and entitled:
deposes and says:
acting and qualified City Clerk of the City
6th day of _October , 19_,~?,_ she
City Hall, a full, true and correct copy of
No. 3487 passed by the Bakersfield
on the 30th day of September , 1992
NSAOPD
/s/ CAROL WILLIAMS
CITY CLERK of the City of Bakersfield