HomeMy WebLinkAboutORD NO 3508ORDINANCE NO...~ ~ 0 8
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 123-18 BY
CHANGING THE ZONING OF 11.80 _+ ACRES GENERALLY LOCATED
NORTH OF PACHECO ROAD AND EAST OF BUENA VISTA ROAD
FROM AN R-1 (ONE FAMILY DWELLING) ZONE TO AN R-2
(LIMITED MULTIPLE FAMILY DWELLING) 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 north of Pacheco Road and east of Buena Vista
Road; and
WHEREAS, previous Planning Commission action on the subject zone
change led to an appeal by Schools Legal Service representing Kern High School District
citing potential significant impacts on school facilities from the R-2 zoning; and
WHEREAS, subsequently the City Council heard the appeal, referring the
proposed R-2 back to the Planning Commission for further review of the school impact
issue; and
WHEREAS, this issue has since been resolved through an agreement
between the applicant, Kern College Land Company, and the Kern Union High School
District; and
WHEREAS, by Resolution No. 59-92 on November 5, 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 an R-2 (Limited Multiple Family Dwelling) zone on 11.80 _+
acres as delineated on attached map 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 an R-1
(One Family Dwelling) zone to an R-2 (Limited Multiple Family Dwelling) zone 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 was advertised and posted on October
16, 1992, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows multiple
family 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 R-2 (Limited Multiple Family Dwelling) zoning
portion of Zone Change No. 5348 is consistent with the Metropolitan Bakersfield 2010
General Plan.
4. The proposed multiple family residential 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, that the R-2 (Limited Multiple Family Dwelling) zoned portion of the subject
zone change 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 for
multiple family residential development.
3. Section 17.06.020 (Zoning Map No. 123-18) 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".
2
ORIGII~AL
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.
ORIGINAL
I HEREBY CERTIFY that the foregoing Ordinance was passed and
adopted by,~ Cq~u ..~.'. of the City of Bakersfield at a regular meeting thereof held on
, by the following vote:
.... q. EP, WAR"
AYES: COU~iLME,'.
NOES: COUNCILMEM'~;~ .....
ABSENT COUNCILMEMbERS:
A~TAIN COUNCILMEMBer'
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED FEB
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\o5348.cc
-4-
ORIGINAL
A
iii
CiTY OF BAKERSFIELD
ZONING MAP
SEC 18
LEGEND
123 -18
EXHIBIT "B"
Legal Description
Zone Change #5348
FROM AN R-I (ONE F,adVlILY DWELLING'~ TO AN R-2 (LIMiILD MULI1FLE FAMILY
DWELLINGI ZONE:
ALL THAT PORTION OF SECTION ism-TOWNSHI1:20 SOUTH, RARGE 2?
=,AST, H.D.M., CITY OF BA~FI%-3.n, COUNTY OF KEi~N, STATE OF
CALIFORNIA, BEING DESCRIBED AS FOLLOWS:
COMMENCING AT 'i'M SOUTHWEST CORNER OF SAID SECTION lSl
THENCE NORTH 00'57'38" FAST ALONG THE WEST LINE OF SAID
SECTION A DISTANCE OF 911.49 F~i' TO THE SOUTHWEST CORNER OF
~ARCEL i OF PARCEL l~ NO. 3956 AS FI?.~ I~ PARCEL ¥~AP BOOK
38 AT PAGE 77 IN THE OFFICE OF THE KERN COUNTY RECORDERI
THENCE S0~'£~ 89~12,38# EA,BT ALONG THE SO~F%'H LI~ OF SAID
~ARCEL 1 A DISTANCE OF 702.45 FEET TO THE TI~ POINT OF
BEGINNING; T~CE CONTI~NG ALONG SAID SOuwn LINE SOUTH
89~12'38" ~.A~T, 64~.44 F~; ~CE D~TING ~OM S~D
~G~ OF WAY OF ~ SOuw~ PACI~C ~ AS SH~ ON
S~D P~ ~; ~CE NOR~ 89'08'~]" W~T ~NG S~D
NOR~ ~ OF WAY A DIST~CE OF 500.25 F~ TO ~
N~T~y RIG~ OF WAY OF T~ 50.00-WIDE G~ PIP~
~ -J FAVOR OF P.G. & E. AS DES~B~ IN BOOK 2107,
P~E 313, OF O~IC~ ~S; ~CE NOR~ 40,38~18- ~
~NG SAID NOR~T~y RIG~ OF WAY A DI~CE OF 221.70
F~; ~CE D~TING ~OM SAID NOR~T~y RIG~ OF WAY
NOR~ 00'~7']8" ~T, 646.33 FE~ TO T~ POI~ OF BEGI~ING.
CONTAINING II. g0 ACI~ES.
ORIGINAL
EXH1BIT "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 masonry wall along the southern boundary of the R-2
zone.
The total number of dwelling units allowed on the R-2 portion shall not exceed
175 with a total cumulative assessable square footage not to exceed 20%000
square feet. The total assessable square footage (area of building subject to
school fees) shall be provided on any site plan review application for the project
area. Any increase in the number of units or square footage referenced in this
condition shall require the applicant to apply for a general plan amendment
and/or zone change.
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i.AKERSFiSLD F~RE DEPARTMENT
:.30/92 ~Y: irk -ark
-. :G&E c~erates a $4", ,~]gn gressure,
she property being csns~oereo.
]ur r?-ulremen~s are:
~2S cransmlssion ]!se
~aS m~ln. S? ~ransmlss]~ q~. '~
-. :riot :o or concurren:Jy wl~h recordation of a finaj map, a covenant
shall be recmroea on all lots of this tract, ~r portion ~nereof,
are wishin 250 feet of aforementione: pipeline. .ovenant shall acxnowi-
eQge proximity of oipetine easement to saiU prooerty and ~escri~e
name, type an: dimension of the p~pe)ine. Prior ~o recOrDation,
SubQivioer shall sul~it and obtain ao~rova! of the covenant
with the City Attorney, ?re Safety Control Division ano City Engi6eer.
OILi:~TO63og2
ORIGINAL
Page 3 of 4
Public Works Department
Conditions of Approval
Zone Change #5348
l'he Pubhc Works Department has reviewed the above-referenced zone change and the traffic study. by
Ruetigers Engineering.
As requested, we have separated the conditions of approval to those specifically for the residential area
and those specifically for the commercial area. TItE CONDITIONS FOR TIlE RESIDENTIAL 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
~rop~rtionate share of future traffic signals in the project area impacted from the potential increase
m trtp 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. $ 1,080.00
*White Lu. at Old River Rd. $ 360.00
*Buena Vista Rd, at Pacheco Rd. $ 1,320.00
*Buena Vista Rd. at Panama Ln. $ 840.00
*Pacheco Rd. at Old River Rd. $ 120.00
*Panama Ln. at Old River Rd. $ 240.00
Buena Vista Rd. at Campus Pk. Dr. $ 4,320.00
Mtn. Vista Dr. at Campus Pk. Dr. $ 960.00
Mtn. Vista Dr. at Pacheco Rd. $ 480.00
Pensinger Rd. at Buena Vista Rd. $ 2,040.00
(0.9% of $120,000.00
(0.3% of $120,000.00
(1.1% of $120,000.00
(0.7% of $120,000.00
(0.1% of $120,000.00
(0.2% of $120,000.00
(3.6% of $120,000.00
(0.8% of $120,000.00
(0.4% of $120,000.00
(1.7% of $120,000.00
$11,760.00
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.
An offer of dedication will be required to allow for the c~nstruction of an acce~ to the project site
in accordance with the master circulation plan in item 2. above. Such access shall be subject to
approval of the Director of Public Works and the Fire ChieL The offer of dedication, fully executed,
shall be submitted to the City prior to development or recordation of any subdivision map or
certificate of comphance within the zone change area.
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 $135.00 (0.1% x $135,000.00 = $135.00)
and for the Buena Vista Road crossing is $405.00 (0.3% x $135,000.00 = $405.00).
ORIGINAl.
?age = ,~f 4
Public Works Dept.
Conditions of Approval
Zone Change #5348
Page 2
Fhe 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.
Fhe drainage studv 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 line. I'his 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 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.
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 $60.00 (0.1% x $60,000.00 = $60.00) and for the
Buena Vista Road crossing is $120.00 (0.2% x $60,000.00 = $ I20.00).
Yhe traffic study projected 175 R-2 units within the zone change area and analyzed the traffic
generated from this number of units. If other than 175 R-2 units are created, then proportionate
traffic mitigation fees shall be paid by the developer creating the units.
ORIOINAL