HomeMy WebLinkAboutORD NO 3488ORDINANCE NO. 3488
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND ZONING
MAP NO. 123-35 BY CHANGING THE ZONING OF 100
ACRES GENERALLY LOCATED BETWEEN HOSKING,
MCKEE, AKERS AND STINE ROADS FROM AN A-20A
(AGRICULTURE-20 ACRE MINIMUM) TO AN R-1 (ONE
FAMILY DWELLING) AND R-1 CH (ONE FAMILY
DWELLING-CHURCH) ZONES.
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 Hosking, McKee, Akers and Stine
Roads: and
WHEREAS, by Resolution No. 34-92 on July 16, 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, minimum lot area 6,000
square feet per dwelling unit) and R-1 CH (One Family Dwelling-Church Overlay)
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 A-20A
(Agriculture-20 acre minimum) to R-1 (One Family Dwelling, minimum lot area 6,000
square feet per dwelling unit) and R-1 CH (One Family Dwelling-Church Overlay)
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
development; and
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. 5321 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 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 Exh~it "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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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 .~ 0 ~ , by the following vote:
AYES: COUNCiLMEMBERS: EDWAROS, OeMON~,,SMITH.~.-,,~"4"3'~N,- l, ~._-.~l, McOEBMOTI', SALVAS~10
NOES; COUNCILMEMBERS: ,~/,,~ '~ ~ '
ABSENT COUNCILMEMBERS: ~ ~ p~ F~o~
~TA~N: COUNCiLMEMBERS ~0~& ,
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED .~_EP 3 0 199:,
CLARENCE E. MEDDERS
MAYOR of the City of Bakersfield
APPROVED as to form:
LAWRENCE M. LUNARDIN~
CITY ATFORNEY of the City of Bakersfield
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-3-
EXHIBIT "A"
Conditions of Approval
General Plan Amendment 2-92, Segment VIII
Zone Change No. 5321
Ptannine 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 between the developer and the Kern High School District dated
July 15, 1992, and the Panama-Buena Vista School District dated July 16, 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 intrustate
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, Subdivider 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
a building permit. The signals and the developer's
shall be paid at the time of issuance of
proportionate share are as follows:
*Panama Ln at Stine Rd $ 7,440.00
Panama Ln at WiNe Rd $ 16,320.00
WiNe Rd at Hosking Ave $ 6,960.00
*Panama Ln at SB 99 ramp $ 10,200.00
*St. Rt. 119 at Stine Rd $ 2,280.00
*St. Rt. t19 at Wible Rd $ 1,440.00
St. Rt. 119 at Akers Rd $ 2,280.00
McKee Rd at Akers Rd $ 6,600.00
(6.2% of $120,000.00)
(13.6% of $120,000.00)
(5.8% of $120,000.00)
(6.8070 of $150,000.00)
(1.9% of $120,000.00)
(1.2% of $120,000.00)
(1.9% of $120,000.00)
(5.5% of $120,000.00)
Exhibit "A"
GPA 2-92. Seg. VIII
ZC 5321
Page 2
10.
II.
Hoskmg Ave at ARers Rd $ 18,480,00
Berkshire Rd at ARers Rd S 9,360.00
Panama Ln at ARers Rd $ 12,840.00
Wible Rd at McKee Rd $ 2,040.00
Stine Rd at McKee Rd $ 6,600.00
Stine Rd at Hosking Rd $ 14,640.00
$ 117,480.00
(15.4% of $120.000.00)
(7.8% of $120.0~0.00)
( 10.7% of $120.000.00)
(1.7% of $120.000.00)
(5.5% of $120,000.00)
(12.2% of $120.000.00)
In-lieu of the payment of the above fee of $117,480.00, the developer may pay a fee equal to the
sum of $10,200 (for traffic signal at Panama Lane and southbound State Route 99 ramp) 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 overcrossings along State Route 99.
This fee shall be paid at the time of issuance of a building permit. The proportionate shares are
based on a 30,000 average daily trip (ADT) capacity increase of the crossings resulting from the
widening:
Overcrossinc, ADT from vroiect Project vrovortionate share
*Panama Lane 1302 2.17% of $1,800,000.00 = $ 39,060.00
*St. Rt. 119 180 0.60% of $1,675,303.00 = $10,052.00
TOTAL = $ 49,112.00
(Condition)
Offers of dedication will be required to allow for the construction of the entire portion of Hosldng
Avenue 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. (~ondition)
Offers of dedication will be required to allow for the construction of the entire portion 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)
The applicant shall submit a comprehensive drainage study having boundaries of Hosking Avenue,
Stine Road, Akers Road, and McKee 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 necessavd to facilitate construction of the drainage system.
Exhibit "A"
GPA 2-92. Seg. VIII
ZC 5321
Page 3
12.
13.
14.
15.
16.
17.
18.
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 and 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 new
streets 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 in 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. (Condition)
Upon further subdivision or development, the developer/subdivider shall pay to the City a fee for
his proRortiouate 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 $9,240.00 (3.3% x $280,000.00 = $9,240.00). (Condition)
The traffic impacts identified are based on 389 lots, while the land use proposed would allow
more than 389 lots. If more or less than 389 lots are created, then the subdivider creating the lots
shall pay proportionate traffic mitigation fees for those lots. (Condition)
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0
A-20A
CITY OF 8AKERSF IELD
ZONING MAP
SEC 55 T 50s
LEGEND
125
Exhibit "C"
Legal Description
Zone Change #5321
FROM AN A-20A (AGRICULTURE-20 ACRE MINIMUM LOT SIZE) ZONE TO
AN R-1 (ONE FAMILY DWELLING) ZONE:
Lots 5 to 8 inclusive, and Lot 12 inclusive less the south 431.44 feet of Lot 8 all in
Section 35, Township 30 south, Range 27 east, M.D.B.&M., in the City of Bakersfield,
County of Kern, State of California, according to "Sales Map No. 1 of the Lands of J.B.
Haggin" filed May 3, 1989, in the Office of the County Recorder.
Containing 92.05 -+ net acres.
FROM AN A-20A (AGRICULTURE-20 ACRE MINIMUM LOT SIZE) ZONE TO
AN R-1 CH (ONE FAMILY DWELLING-CHURCH) ZONES:
The south 431.44 feet of Lot 8 all in Section 35, Township 30 south, Range 27 east,
M.D.B.&M., in the City of Bakersfield, County of Kern, State of California, according to
"Sales Map No. 1 of the Lands of J.B. Haggin" filed May 3, 1989, in the Office of the
County Recorder.
Containing 6.25 -+ net acres.
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
County of Kern)
CAROL WILLIAMS,
That she is the
Being duly sworn, deposes and says:
duly appointed, acting and qualified City
of Bakersfield; and that on the 6th day of _October
posted on the Bulletin Board at City Hall, a full, true
, passed
the following: Ordinance No. 3488
City Council at a meeting held on the 30th
and entitled:
Clerk of the City
, 19 92 she
and correct copy of
by the Bakersfield
day of September , 19 92 ,
NSAOPD
/s/ CAROL WILLIAMS
CITY CLERK of the City of Bakersfield
By: _
DE