HomeMy WebLinkAboutORD NO 3497ORDINANCE NO. 3497
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND ZONING
MAP NO. 102-21 BY CHANGING THE ZONING OF 60.23
ACRES GENERALLY LOCATED NORTH OF MEANY
AVENUE, EAST OF COFFEE ROAD AND WEST OF
PATYON WAY FROM AN M-1 (LIGHT
MANUFACTURING) TO AN R-1 (ONE FAMILY
DWELLING) ZONE AND A "P" (AUTOMOBILE
PARKING) 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 north of Meany Avenue between Coffee
Road and Patton Way; and
WHEREAS, by Resolution No. 42-92 on July 16, 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 M-1 (Light Manufacturing) to
an R-1 (One Family Dwelling) zone and a "P" (Parking) zone, as delineated on attached
Zoning Map # 102-21 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 M-1
(Light Manufacturing) to an R-1 (One Family Dwelling) zone and a "P" (Parking) zone
and the Council has considered said findings and all appear to be true and correct; and
WHEREAS, in accordance with the procedure set forth in the provisions of
Title 17 of the Municipal Code of the City of Bakersfield, the Council of the City of
Bakersfield, on September 16, 1992, held a public hearing on the zone change petition.
As a result of a request by DeWalt Corporation, this Council continued the petition to
November 4, 1992, and again to November 18, 1992, to consider amending the proposed
conditions of approval and boundaries of Zone Change No. 5323 from M-1 (Light
Manufacturing) to R-1 (One Family Dwelling) on 58.49 acres and from M-1 (Light
Manufacturing) to "P" (Automobile Parking) on 1.74 acres;
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
ORIGINAL
WHEREAS, a Negative Declaration with mitigation was advertised and
posted on May 1, 1992, in accordance with CEQA; and
WHEREAS, the existing 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. 5323 is consistent with the
Metropolitan Bakersfield 2010 General Plan, and Riverlakes Ranch Specific Plan.
4. The proposed zoning, as mitigated, will not have a significant effect on
the environment.
5. Amended conditions of approval attached to the project as Exhibits "A"
and "B" are included in the project to minimize and/or mitigate impacts, and to ensure
that the land use proposed is compatible with existing and proposed surrounding
development.
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 hearings 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.
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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 is shown on the map
marked Exhibit "C" attached hereto and made a part hereof, and are more specifically
described in attached Exhibit "D".
4. Such zone change is hereby made subject to the amended conditions of
approval listed in Exhibits "A" and "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.
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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
N~0¥ ~ 8 1992 , by the following vote:
&YES: COUNCILMEMBERS B~111~S, DeMONp, SMITH. BRUNNI, PETERSON, McDERMOTt, SALVAGGIO
NOES. COUNCILME,tI3FRS
ABSENT COUNC',LMEE2~RS:
~STAIN: COUNCiLMEMBERS
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
CLARENCE E. MEDDERS
MAYOR of the City of Bakersfield
APPROVED as to form:
CITY ATTORNEY of the City of Bakersfield
pit
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ORIGINAL
EXHIBIT ~A'
GPA 2-92, Segment X
Zone Change 5323
Recommended Mitigation Measures
Conditions of Approval
10.
11.
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)
The P (Parking) zone shall be 65 feet in width, located between the M-1 zone and the R-1 zone, for
a total of 1.74 acres. (Condition)
The subdivider shall construct an 8-foot high block wall between the proposed R-1 and the
existing M-1 zones prior to recordation of any subdivision map. (Condition)
Landscapingon the east side of the 8-foot wall separating the M-1 and R-1 zones shah be 10 feet in
width, with minimum 15 gallon trees placed every 30 feet. The landscaping will be implemented at
the time of any site plan review for any industrial development. (Condition)
The maximum height of all buildings on the M-1 properties Shall be limited to 35 feet. This condition
will be implemented through the site plan reviewprocess for any industrial development. (condition)
Prior to recordation of final subdivision map, the subdivider shall provide wall and landscaping along
Meany Avenue in accordance with the attached Exhibit No. 1. The wall shah be a continuous 6-foot
high split-faced block wall with brick pilasters along the entire northern side of Meany Avenue, from
Coffee Road, east of Coffee Road to the R-l/M-1 zone boundary, following the Wall Details for
Major Collectors on Exhibit 41F of the Riverlakes Ranch Specific Plan (attached). Plant materials
installed shall be in accordance with Exhibit 37A of the Riverlakes Ranch Specific Plan (attached).
The subdivider shall construct the six-foot high block wall between the proposed R-1 and the existing
C-2 properties, prior to recordation of a subdivision map. This wall shall be plain-grey concrete block
to match existing area walls separating R-1 and C-2 zones. (Condition)
All injection and oil well sites within the R-1 area must be abandoned according to California
Department of Oil and Gas regulations, prior to recordation of any subdivision map. (Mitigation)
Prior to recordation of a final subdivision map, the subdivider shall pay to, or make such other
acceptable arrangements as agreed to with the North Bakersfield Recreation and Park District, an in-
lieu park fee of $1250 per gross acre (or a total of $74,375) for park requirements for the
development. (Condition)
The construction of improvements listed in Conditions 3, 6, and 7 shah be phased as approved by the
City Engineer. (Condition)
This approval is expressly conditioned on full compliance with the terms and conditions of the
Memorandum of Understanding entered into between the developer and the Kern Union High School
District dated July 16, 1992. (Condition)
ORIGINAL
Exhibit "A"
GPA 2-92, Seg. X
ZC 5323
Page 2
12.
13.
14.
15.
16.
17.
18.
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: (Condition)
Patton Way at Meany Ave
Meany Avenue at Fruitvale Ave
S 6,840.00
$ 3,360.00
(5.7% of $120,000.00)
(2.8% of $120,000.00)
$ 10,200.00
Offers of dedication will be required to allow for the construction of the entire portion of Coffee
Road within the project area to arterial standards. Such offer shah include sufficient widths for
expanded intersections and additional areas for landscaping as directed by the City Engineer. The
offer of dedication, fully executed, shah 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 dedicationwill be requiredto allow for the construction of the entire portion of Patton Way
and Mcany Avenue within the project area to collector standards. Such offers shah include sufficient
widths for expanded intersections and additional areas for landscaping as directed by the City
Engineer. The offers of dedication, fully executed, shah be submitted to the City prior to development
or recordation of any subdivision map or certificate of compliance within the GPA area. (condition)
Meany Avenue and Coffee Road improvements shah be constructed with the future subdivision or
development within the project area. (Condition)
Patton Way shah be constructed with future subdivision or development within the project area and
shall be connected to the existing pavement along the east side of the road. (condition)
At the time of further development or subdivision, the property owner(s) within the GPA area of any
area not already within a maintenance district shah request to be annexed to an existing maintenance
district or request creation of a new maintenance district for their property. (condition)
Construction of improvements Hsted in items 15 and 16 above shah be phased as approved by the City
Engineer. (Condition)
ORIGINAL
~RACT
ORIGINAL
WALLS/FENCE T, PES (Approved Det
ils)
MAJOR COLLECTORS
SPLIT-FACED BLOCK WALL
I
l
LO'CAL STREETS
WOOD FENCE
(Alternative)
Brick Pllaater
Block Cap
Split-faced
Block Wall
Treated Wood Post
Wood Cap
Vertical Board Siding
6' Split-faced Block Wall--~ /" Curb
Landscaped Area ~ / /^ Turfblock Where
. COLLJ~CTO):I/\ Needed
~ Sat~,~k .--,'~./,., ,'/"1,l.,_, ~:_~.,: ?,
~,_~*"~'. ~:~~ -' '".. - .', ~ .,'~;~,:"~('. ~.
Variance Strip e~opt.)
. .~,;sac
-- 20 Cul-de-sac ~u
Setback (Standard)
TYPICAL WALL TREATMENT
AT CUL-DE-SAC (Option with recommen'dation)
OFIIGII'IAL
MASTER LANDSCAPE ~LAN
IJgend
Tree -
SPECIFIC PLAN
RANCHO
LABORDE
SPECIFIC
PLAN
~ Exhibit 37A
ORIGFNAL ~
EXHIBIT "B"
GPA 2-92, Segment X & Zone Change 5323
Riverlakes Ranch Specific Plan
Text, Map, and Exhibit Amendments
Amend Development Concept Map (Exhibit 8A), Land Use Concept Map (Exhibit
10A), Zoning Plan Map (Exhibit 10B), and Phase 2 Plan Map (Exhibit 10D) to
reflect approved land use designations and zoning.
Amend Exhibit 41G (Wall and Fencing Plan) to show a continuous six-foot high
split-faced block wall with brick pilasters along the entire northern side of Meany
Avenue from Coffee Road, east of Coffee Road to the R-IAVI-1 zone boundary west
of Patton Way.
Amend Chapter 13.4.7, Development Standards, Buffers and Fences, Page 36, to
add: #4. Screening fences and walls along arterial and collector roads shall include
gated access to canal entrances, drainage basins and other public works sites, at
locations and of materials approved by the City of Bakersfield.
Amend Chapter 13.7, Industrial Design Standards, Page 45, to read as follows:
#3. $ctbac!; lot coverage, lot size, buiMing heighg parking and other standards shall
comply with the M-1 (Limited Manufacturing) zone standards of the City of Bakersfield
Zoning Ordinance, except where provisions of this Specific Plan, such as setbacks are
more restrictive or as approved by the Planning Agency as part of a development plan
or final subdivision tract map.
#4. Separation between M-1 zoned lands and residential zoned property shall include
an eight-foot high block wall and be installed prior to recordation of any adjacent
residential subdivision map. Setbacks for industrial buildings adjacent to residential uses
shall be a minimum of 65feet. A ten-foot wide landscape strip, containing minimum 15
gallon trees located a minimum of every 30 feeg shall be placed on the industrial side
of the wall as additional screening. The landscaping will be implemented at the time of
site plan review for any industrial developmeng
#5. The maximum height of all industrial buildings within M-1 zones on properties
abutting residential uses shall be limited to 35 fee~
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CITY OF EIAKFR~FIELD
ZONING MAP 102
SEC
LEGEND
EXHIBIT "D"
Zone Change #5323
FROM AN M-1 (LIGHT MANUFACTURING) TO AN R-1 (ONE FAMILY DWELLING) ZONE:
(Lots 3, 4, & 5 combined)
Being a division of a portion of Lots 5, 6, 7 and 8 as shown on the "Sales" Map of Kern County Land
Company in Section 21, Township 29 South, Range 27 East, M.D.B.&M. in the City of Bakersfield,
County of Kern, State of California, described as follows:
Beginning at the southwest corner of the north half of the northwest quarter of said Section 21, said point
being the intersection of Coffee Road and Meany Avenue;
Thence S 89o08'26" E, 61.97 feet to the True Point of Beginning;
Thence (1)
Thence (2)
Thence (3)
Thence (4)
Thence (5)
Thence (6)
Thence (7)
Thence (8)
N 00o51'34" E, 75.16 feet;
N 28o21'42" E, 120.32 feet;
N 33o39'30" E, 1254.43 feet;
N 00054'29" E, 102.31 feet;
S 89°05'31" E, 1815.22 feet;
S 00°38'10" W, 76.73 feet;
S 45°46'50" W, 42.32 feet;
S 00°38'10" W, 68.00 feet;
~hence (9) N 89°04'30"W, 288.01feet;
Thence (10) S 00°44'42"W, 1162.74feet;
Thence (11) N89°08'26"W, 2235.38feet
to the True Point of Beg/nning
Containing 58.48 acres.
FROM AN M-1 (LIGHT MANUFACTURING) TO A P (AUTOMOBILE PARKING) ZONE: (A
portion of Lots 6, 7, 8 and 9)
Being a division of a portion of Lot 5 as shown on the "Sales" Map of Kern County Land Company in
Section 21, Township 29 South, Range 27 east, M.D.B.&M. in the City of Bakersfield, County of Kern,
State of California, described as follows:
Beginning at the southeast corner of the north half of the northwest quarter of said Section 21, said point
being the intersection of Patton Way and Meany Avenue;
Thence N 89008'26" W, 365.22 feet;
Thence N 00044'42" E, 45.00 feet to the True Point of Beginning;
Thence (1) N00°44'42"E, 1,117.74feet;
Thence (2) S 89°04'30"E, 65.00feet;
Thence (3) S 00°44'42"W, 1,117.00feet;
Thence(4) N 89°08'26"W, 65.00feetto the True Point of Beginning;
Containing 1.74 acres.
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SSo
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 24th day of November , 19 92 she
posted on the Bulletin Board at City Hall, a full, true and correct copy of
the following: Ordinance No. 3497 , passed by the Bakersfield
City Council at a meeting held on the 18th day of November
and entitled:
19 92,
NSAOPD
/s/ CAROL WILLIAMS
CITY CLERK ~f the City of Bakersfield
By:
DEPUTY Ci J/ Cle