HomeMy WebLinkAboutORD NO 3535ORDINANCE NO. ~_3 5
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND ZONING
MAP 123-19 BY CHANGING THE ZONING OF 163.49
GROSS ACRES GENERALLY LOCATED ON THE
NORTHEAST CORNER OF PANAMA LANE AND BUENA
VISTA ROAD FROM A-20A (AGRICULTURE-20 ACRE
MINIMUM LOT SIZE) TO C-2 (REGIONAL
COMMERCIAL) AND R-1 (ONE FAMILY DWELLING)
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 on the northeast corner of Panama Lane and
Buena Vista Road; and
WHEREAS, by Resolution No. 20-93 on March 18, 1993, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of
the Municipal Code to approve R-1 zoning on 143.49 gross acres and C-1 zoning on 20
gross acres as delineated on attached map 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 A-20A
(Agriculture-20 acre minimum lot size) to R-I (One Family Dwelling) and C-1
(Neighborhood Commercial) zones 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's
CEQA Implementation Procedures, have been duly followed by city staff, Planning
Commission and this Council; and
WHEREAS, a Negative Declaration with mitigation was advertised and
posted on January 29, 1993, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows commercial
and residential development; and
WHEREAS, the City Council has considered and hereby makes the
following findings:
All required public notices have been given.
ORIGINAL
2. The provisions of CEQA have been followed.
3. That proposed Zone Change No. 5425 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.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
Bakersfield as follows:
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 attached Exhibit "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.
.......... O00 .........
2
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
MAY ~ $ ~q,q3 , by the following vote:
MOND SMITH BRUNN K~,NE vtcDERMOTT SALVAGGIO
AYES: COUNCILMEMBERS: EDWARD,S~.De . , ,. ....
NOES: COUNCILSEMBERS
ABSENT COUNCiLMEMBERS:
ABSTAIN COUNCILMEMbERS' I~ o '~-
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
MAYOR of the City of Bakersfield
APPROVED as to form:
LAWRENCE M. LUNARDINI
CITY ATTORNEY of the City of Bakersfield
MG:pjt
April 12, 1993
res\o193sS.cc
ORIGINAL
Exhibit A
Recommended Mitigation Measures and
Conditions of Approval
General Plan Amendment 1-93, Segment VIII
Zone Change No. 5425
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)
A field survey must be conducted by a qualified archeologist to determine if any archeological
resources are present on the entire project site and to determine recommendations if any such
resources are discovered. This study must be submitted with any application for a subdivision map on
the property. The archeologicalconsultant must contact the Southern San Joaquin Valley Information
Center prior to conducting any fieldwork. (Mitigation)
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 shall pay to the City fees for his
proportionate share of future traffic signals in the project area. The signals and the developer's
proportionate share are as follows:
Pacheco Rd at Mt Vista Rd $ 8,040.00
Buena Vista at Pensinger $ 26,260.00
1tarris Rd at Mt Vista Rd $ 29,760.00
Old River Rd at 1tarris Rd $ 9,360.00
Progress Rd at Harris Rd $ 7,440.00
Panama l.n at Mt Vista Rd $ 21,190.00
*Pacheco Rd at Cosford Rd $11,700.00
*Panama Ln at Cosford Rd $ I1,050.00
Panama Ln at Progress Rd $ 15,600.00
*Panama Ln at Old Rvr Rd $14,300.00
*Pacheco Rd at Old Rvr Rd $ 4,550.00
Progress at Berkshire Rd $ 9,600.00
*Panama Ln at Buena Vista $17,550.00
*Pacbeco Rd at Buena Vista $13,000.00
1tarris Rd at Gosford Rd $ 16,900.00
$ 216,300.00
6.7% of $120,000.00)
20.2% of $130,000.00)
24.8% of $120,000.00)
7.2% of $130,000.00)
6.2% of $120,000.00)
16.3% of $130,000.00)
9.0% of $130,000.00)
8.5% of $130,000.00)
12.0% of $130,000.00)
11.0% of $130,000.00)
3.5% of $130,000.00)
8.0% of $120,000.00)
13.5% of $130,000.00)
10.0% of $130,000.00)
13.0% of $130,000.00)
ORIG;NAL
~ELxhibit"A"
GPAI-93, SegmentVIIi
Zone Change No. 5425
Page 2
Upon further subdivision or development, the developer shall pay to the City fees for his
proportionate share of future railroad crossings and upgrades of existing crossings in the project area.
The crossings and the developer's proportionate share are as follows:
3,500.00
2,000.00
500.00
$ 3,000.00
$ I,OOO.00
$ ~OOO.00
$ 1,000.00
$ 15,000.00
Buttonwillow Branch:
*Buena Vista Rd crossing
Mtn Vista Rd crossing
*Old River Rd crossing
Sunset Branch:
Harris Rd crossing
*Pacheco Rd crossing
*Panama Ln crossing
Berkshire Rd crossing
(3.5% of $100,000.00)
(2.0% of $100,000.00)
(0.5% of $100,000.00)
(3.0%of $100,000.00)
(1.0% of $100,000.00)
(4.0%of $100,000.00)
(1.0%of $100,000.00)
Upon further subdivision or development, the developer shall pay to the City fees for his
proportionate share of future canal crossings and upgrades of existing canal crossings in the project
area. The crossings and the developer's proportionate share are as follows:
Buena Vista Canal:
*Buena Vista Rd crossing
Mtn Vista Rd crossing
*Pacheco Rd crossing
Pensinger Rd crossing
Stine Canal:
Berkshire Road crossing
$ 2,400.00
$ 1,200.00
$ 240.OO
$ 480.00
(4.0%of $60,000.00)
(2.0%of $60,000.00)
(0.4%of $60,000.00)
(0.8%of $60,000.000
$ 600.00 ( 1.0% of $60,000.00)
$ 4,920.00
The traffic study and resulting impacts identified in items 1., 2. and 3. above are based on projections
of commercial square footage and uses and residential densities stated in the traffic study, while the
land use proposed could allow more commercial square footage, other commercial uses and higher
residential densities than stated. The stated commercial square footages are 153,004 square feet of
retail commercial and 44,975 square feet of office commercial, and the stated residential density is
800 units. These square footages/densities result in local traffic mitigation fees of $0.81 per square
foot for a retail commercial use, $0.26 per square foot for a office commercial use, and $128.00 per
dwelling unit for the residential area. Should an increase of more than 5~ in the retail commercial
square footage/dwelling unit density be proposed for any specific project within the project area, then
a review and possible revision to the traffic study may be required. Otherwise, the above unit costs
per dwelling/retail commercial square foot/office commercial square foot shall be maintained
irregardless of the number of dwellings/commercial square footage that is finally created so that
proportionate local trafl'ic mitigation will be achieved.
ORIGINAL
Exhibit "A"
GPA 1~93, Segment VIII
Zone Change No. 5425
Page 3
10.
11.
12.
13.
At the time of further development or subdivision, the property owner(s) within the GPA 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.
Municipal sewer service to each development, lot, or parcel shall be provided upon further subdivision
or development of the property. Prior to submitting any tentative subdivision maps or development
plans, a proposal and sewer study for providing that municipal service to the project area shall be
submitted to and approved by the City Engineer.
If a new pump station is required to provide service for this development, then the developer shall
perform an economic analysis of the operation and maintenance over the expected life of this pump
station and, prior to acceptance by the City of this pump station, shall pay a fee based on the
economic analysis for this station's operation and maintenance. Any upgrades to the existing sewer
system will be the responsibility of the developer.
Offers of dedication will be required to allow for the construction of the entire portion within the
project area of Panama Lane and Buena Vista Road to arterial standards and of Pensinger Road and
Mountain Vista Drive 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.
With the first development adjacent to Panama Lane within the Zone Change area, the entire
segment of Panama Lane adjacent to the Zone Change area shall be constructed including sidewalk,
curb and gutter, and street pavement. Adjacent to the residential zoned area, the median island and
one eastbound lane may be constructed or the developer may pay his proportionate share of the
median island. With the first development within the GPA (commercial) area, a full landscaped
median island to restrict left-turn movements across Panama Lane to specific locations approved by
the City Engineer, and a minimum of one lane on the south side (eastbound) of Panama Lane shall
be constructed adjacent to the commercial area.
With the first development adjacent to Buena Vista Road within the Zone Change area, the entire
segment of Buena Vista Road adjacent to the Zone Change area shall be constructed including
sidewalk, curb and gutter, and street pavement. Adjacent to the residential zoned area, the median
island and one eastbound lane may be constructed or the developer may pay his proportionate share
of the median island. With the first development within the GPA (commercial) area, a full
landscaped median island to restrict left-turn movements across Panama Lane to specific locations
approved by the City Engineer, and a minimum of one lane on the west side (southbound) of Buena
Vista Road shall be constructed adjacent to the commercial area.
Pensinger Road and Mountain Vista Road shall be constructed in a maximum of two segments each
consisting of half of the frontage length adjacent to the project area. Construction shall include
sidewalk, curb and gutter, and street pavement. Construction of each segment shall be required with
the first development adjacent to that particular segment.
The applicant shall submit a comprehensive drainage study having boundaries of Buena Vista Road,
Panama Lane, Mountain Vista Drive, and Pensinger 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(s).
ORtG{NAL
Exhibit "A"
GPA 1-93, Segment VIII
Zone Change No. 5425
Page 4
14.
15.
16.
17.
18.
p:193s8.ea
The drainage study shall be submitted to and approved by the City Engineer and any 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.
Panama Lane and Buena Vista Road are bikeways 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 new street construction on
Buena Vista Road and Panama Lane meet existing pavement.
The applicant shall enter into an agreement with the city to indemnify and defend it against a
challenge to any action of the city upon the application.
No habitable structure may be built within 40 feet of any parcel which permits commercial
development.
As soon as possible, but in any event prior to submission of any subdivision map, the owner(s) shall
enter into an agreementwith the affected school district(s) which is consistent with the proposed Kern
County Plan for Adequate Schools and Affordable Housing considered by the School Funding Task
Force on May 10, 1993, and providing for at least each of the following:
Payment of $3.65 per square foot of assessable space (as that term is defined in Government
Code Section 65995).
That this amount will be amount is subject to periodic adjustment for inflation in the same
manner and amount as for fees levied under Government Code Section 53080, will also be
adjusted if state law is changed to expressly permit or require higher school facilities fees, but
will not be otherwise adjusted upward or downward regardless of the continuing efficacy of
the amendment of Government Sections 65995 and 65996 by SB 1287.
Payment of this amount for each residential structure at the time of building permit issuance,
unless appropriate arrangements as set forth in the agreement have been are made to permit
payment as late as close of escrow.
Recordation of the agreement as a covenant running with the land to pay this amount as
specified.
ORIG~NAL
I'll
I11
CITY OF BAKERSFIELD
ZONING MAP 12:$-19
SEC 19 [ 5Os R 27~
LEGEND
Exhibit "C"
Legal Description
General Plan Amendment 1-93, Segment VIII
Zone Change No. 5425
20 ACRES PROPOSED FOR GC (GENERAL COMMERCIAL) AND C-2
(REGIONAL COMMERCIAL):
The west 660' of the south 1,320' of Parcel 1 of Parcel Map 8775 as recorded October
31, 1988 in Book 37 of Parcel Maps at Page 47 in the southwest quarter of Section 19,
Township 30 south, Range 27 east, M.D.B.&M., City of Bakersfield, State of California.
143.49 ACRES PROPOSED FOR R-1 (ONE FAMILY DWELLING):
All that portion of Parcel 1 of Parcel Map 8775 as recorded October 31, 1988 in Book
37 of Parcel Maps at Page 47 in the southwest quarter of Section 19, Township 30 south,
Range 27 east, M.D.B.&M., City of Bakersfield, State of California, except the west 660'
of the south 1,320'.
p:193s8.1d
ORIGINAL
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 1st day of June, 1993
she posted on the Bulletin Board at City Hall, a full, true and
correct copy of the following: Ordinance No. 3535, passed by the
Bakersfield City Council at a meeting held on the 26th day of
May, 1993, and entitled:
By:
/s/ CAROL WILLIAMS
City Clerk of the City of Bakersfield