HomeMy WebLinkAboutORD NO 3495ORDINANCE NO. 3495
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 123-18 BY
CHANGING THE ZONING OF 13.37 -- ACRES GENERALLY LOCATED
AT THE NORTHEAST CORNER OF PACHECO ROAD AND BUENA
VISTA ROAD FROM AN R-I (ONE FAMILY DWELLING) ZONE TO A
C-2 (REGIONAL COMMERCIAL) ZONE.
WHEREAS, in accordance with the procedure set forth in 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 Pacheco Road and
Buena Vista Road; 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) zone to a C-2 (Regional Commercial) zone on 13.37 _+ acres and
an R-2 (Limited Multiple Family Dwelling) zone on 11.80 -+ acres; and
WHEREAS, by Resolution No. 46-92 on July 2, 1992, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of
the Municipal Code to approve a zone change of the subject property from an R-1 (One
Family Dwelling) zone to a C-2 (Regional Commercial) zone on 13.37 + acres and an
R-2 (Limited Multiple Family Dwelling) zone on 11.80 -+ acres; and
WHEREAS, Schools Legal Service representing the Kern High School
District filed an appeal of the Planning Commission decision to approve the subject zone
change, citing potential significant impacts on school facilities resulting from the
proposed R-2 zoning; and
WHEREAS, the City Council heard the Kern High School District appeal
on September 16, 1992, and considered the matter of school impacts relating to the
proposed R-2 zoning; and
WHEREAS, at said hearing, the City Council fully considered the findings
made by the Planning Commission as set forth in Planning Commission No. 46-92; and
WHEREAS, based on information presented in preparation for and at said
hearing the City Council approved the C-2 zoning (13.37 _+ acres) and the Negative
Declaration for commercial development only, and referred the R-2 zoning (11.80 -+
acres) back to the Planning Commission for further review of the school impact issue per
Zoning Resolution No. 410; and
ORIGINAL
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 was advertised and posted on June 9,
1992, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows commercial
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 C-2 (Regional Commercial) zoning portion of Zone
Change No. 5348 is consistent with the Metropolitan Bakersfield 2010 General Plan.
4. The proposed commercial zoning will not have a significant adverse
effect on the environment.
5. Conditions of approval attached to the project as Exhibit "C" 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, and the reasons advanced at the hearing for the appeal of the Planning
Commission decision, that only the C-2 (Regional Commercial) zoned portion of the
subject zone change should be authorized, while the R-2 (Limited Multiple Family
Dwelling) zoned portion should be referred back to the Planning Commission.
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 for
commercial development only.
ORIGINAL
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 are shown on the map
marked Exhibit "A" 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 the conditions of approval
listed in Exhibit "C".
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.
-3-
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
~OV 1 8 l~g2 , by the following vote:
AYES; COUNCiLMEMBERS: ~, DeMONO, SMITH, BRUNNI, PETERSON, McDERMOTT, SALVAOGIO
NOES; COUNClLMEM~E F,t~: /~/r) ~ ~ ~
ASSENT COUNCILMEMbERS ~trl~
~STAtN: COUNCILMEMBERS ~ o~ ~-
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED NOV I 8 199P
CLARENCE E. MEDDERS
MAYOR of the City of Bakersfield
APPROVED as to form:
0~6~ LAWRENCE M. LUNARDINI
CITY ATTORNEY of the City of Bakersfield
pit
Attachment -
Exhibits "A" - "C"
res\o5348.cc
-4-
ORIGINAL
R-I-CH
A
A-2OA
CITY OF BAKERSFIELD
ZONING MAP
SEC. 18 T SOs
LEGEND
123-18
R27E
EXHIBIT "B"
Legal Description
Zone Change $348
FROM AN R-1 (ONE FAMILY DWELLING) TO A C-2 (REGIONAL COMMERCIAL} ZONE:
ALL THAT PORTION OF SECTION 18, TOWNSHIP 30 SOUTH,
EAST, M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN,
CALIFORNIA, BEING DESCRIBED AS FOLLOWS:
RANGE 27
STATE OF
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 18;
THENCE NORTH 00o57,38,, EAST ALONG THE WEST LINE OF SAID
SECTION A DISTANCE OF 99.86 FEET TO THE NORTH RIGHT OF WAY
OF THE SOUTHERN PACIFIC RAILROAD AS SHOWN ON PARCEL MAP NO.
8956 AS FILED IN PARCEL MAP BOOK 38 AT PAGE 77 IN THE OFFICE
OF THE KERN COUNTY RECORDER, AND THE TRUE POINT OF
BEGINNING; THENCE CONTINUING ALONG SAID WEST LINE NORTH
00°57t38" EAST, 811.63 FEET TO THE SOUTHWEST CORNER OF
PARCEL 1 OF SAID PARCEL MAP NO. 8956; THENCE SOUTH 89o12,38,,
EAST ALONG THE SOUTH LINE OF SAID PARCEL 1 A DISTANCE OF
702.45 FEET; THENCE DEPARTING FROM SAID SOUTH LINE SOUTH
00°57~38" WEST, 646.33 FEET TONORTHEASTERLY RIGHT OF WAY OF
THE 50.00-FOOT WIDE GAS PIPELINE EASEMENT IN FAVOR OF P.G. &
E., AS DESCRIBED IN BOOK 2107, PAGE 313, OF OFFICIAL
RECORDS; THENCE SOUTH 40o38'18,, EAST ALONG SAID
NORTHEASTERLY RIGHT OF WAY A DISTANCE OF 221.70 FEET TO SAID
NORTH RIGHT OF WAY OF THE SOUTHERN PACIFIC RAILROAD; THENCE
NORTH 89e08,53,, WEST ALONG SAID NORTH RIGHT OF WAY A
DISTANCE OF 849.64 FEET TO THE POINT OF BEGINNING.
CONTAINING 13.37 ACRES.
OF~IGINAL
EXHIBIT "C"
Conditions of Approval
Zone Change No. 5348
Prior to occupancy of any structure within the project area, the developer shall
construct a six-foot tall chainlink fence with slats along the southern boundary of
the C-2 zone adjacent to the Southern Pacific Railroad.
p:5348.ec
ORIGINAL
STAFF REPORT
TENT. TRACT/PARCEL MAP:
Page of
Zone Change 5348
FIRE SAFETY CONTROL
FIRE AND LIFE SAFETY REQUIREMENTS/PETROLEUM
BAKERSFIELD FIRE DEPARTMENT
DATE: 6/30/92 BY: Mark Turk
Please note:
1. PG&E operates a 34", high pressure, gas transmission line across
the property being considered.
Our requirements are:
1. llo habitable portion of a structure may be built within 50 ft. of a
gas main, or transmission line.
2. 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 acknowl-
edge 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.
OILi:MTU63092
ORIGINAL
Public Works Department
Conditions of Approval
Zone Change #5348
The Public Works Department has reviewed the above-referenced zone change and the traffic study by
Ruettgers Engineering.
As requested, we have separated the conditions of approval to those specifically for the residential area
and those specifically for the commercial area. THE CONDmONS FOR THE COMMERCIAL AREA
WOULD BE AS FOLLOWS:
NOTE: *Indicates adjustments have been made on these items to account for the Regional Transportation
Impact Fee's contribution towards the items.
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. The signals and the
developer's proportionate share are as follows:
*White Ln at Buena Vista Rd. $ 8,640.00
*White Ln. at Old River Rd. $ 2,760.00
*Buena Vista Rd. at Pacheco Rd. $10,440.00
*Buena Vista Rd. at Panama Ln. $ 6,840.00
*Pacheco Rd. at Old River Rd. $ 1,440.00
*Panama Ln. at Old River Rd. $ 2,520.00
Buena Vista Rd. at Campus Pk. Dr. $34,800.00
Mtn. Vista Dr. at Campus Pk. Dr. $ 8,040.00
Mtn. Vista Dr. at Pacheco Rd. $ 3,840.00
Pensinger Rd. at Buena Vista Rd. $16,680.00
(7.2% of $120,000.00)
(2.3% of $120,000.00)
(8.7% of $120,000.00)
(5.7% of $120,000.00)
(1.2% of $120,000.00)
(2.1% of $120,000.00)
(29.0% of $120,000.00)
(6.7% of $120,000.00)
(3.2% of $120,000.00)
(13.9% of $120,000.00)
$96,000.00
Offers of dedication will be required to allow for the construction of the entire portion of Buena Vista
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 dedications, fully executed, shall be submitted to the City prior to development or
recordation of any subdivision map or certificate of compliance within the zone change area.
With the first development within the project area,, the east side (northbound) of Buena Vista Road,
a full landscaped median island to provide left-turn lanes, and a minimum of one lane on the west
side (southbound) of Buena Vista Road shall be constructed. The fees collected from the
development on the west side of Buena Vista Road adjacent to this median construction may be paid
to the developer by the City for partial reimbursement of the median construction cost.
With the first development within the project area, the developer/subdivider shall pay his
proportionate share of the widening of the Buena Vista Road crossing and construction of the
Mountain Vista Road crossing of the Southern Pacific Railroad. The proportionate share for the
zone change area for the Mountain Vista Road crossing is $1,215.00 (0.9% x $135,000.00 = $1,215.00)
and for the Buena Vista Road crossing is $3,375.00 (2.5% x $135,000.00 = $3,375.00).
ORIGINAL
Publlc WorksDept.
Conditions of Approval
Zone Change #5348
Page 2
10.
11.
12.
The applicant shall submit a comprehensive drainage study having boundaries of Pacheco Road,
Buena Vista Road, Mountain Vista Road, and Tentative Tract 5186. 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.
The applicant shall submit a comprehensive sewerage study having boundaries of Pacheco Road,
Buena Vista Road, Mountain Vista Road, and Tentative Tract 5186. The sewerage study should
include, but not necessarily be limited to, sewerage calculations, pipe sizes and locations, and
proposed invert elevations. Sewer will gravity flow to the southwest corner of the study area. A
temporary pump station and force main may then be used to temporarily pump from this location into
an existing trunk hne. This temporary pump station will be sized and will be required to take flows
from the entire study area. Only one pump station will be allowed for this area.
The sewerage study shah 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.
Buena Vista 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.
Paved transitions approved by the City Engineer will be required where the construction on Buena
Vista Road meets existing pavement.
At the time of further development or subdivision, the owner(s) of any property within the zone
change area 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.
With the first development within the project area, the developer/subdivider shall pay his
proportionate share of the widening of the Buena Vista Road crossing and the construction of the
Mountain Vista Road crossing of the Buena Vista Canal. The proportionate share for the zone
change area for the Mountain Vista Road crossing is $540.00 (0.9% x $60,000.00 = $540.00) and for
the Buena Vista Road crossing is $1,200.00 (2.0% x $60,000.00 = $1,200.00).
The traffic study projected about 145,000 square feet of gross commercial area within the zone change
area and analyzed the traffic generated from this quantity. If other than 145,000 square feet of
commercial area is created, then proportionate traffic mitigation fees shall be paid by the developer
creating the square footage.
With the first development within the project area, the developer shall prepare a master circulation
plan for area having boundaries of Pacheco Road, Buena Vista Road, Mountain Vista Road, and
Tentative Tract 5186, and reflecting adjacent proposed development and providing access to Buena
Vista Road from the adjacent proposed development, subject to the approval of the Director of Public
Works.
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 Bakersfield; and that on the 24th day of ~ovember
posted on the Bulletin Board at City Hall, a full, true
the following: Ord±nance No. 3495 , passed
City Council at a meeting held on the 18th day of
and entitled:
of the City
, 19~2- she
and correct copy of
by the Bakersfield
November 1992
NSAOPD
/s/ CAROL WILLIAMS
CITY CLERK of the City of Bakersfield