HomeMy WebLinkAboutORD NO 3534ORDINANCE NO. 3 53 4
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND ZONING
MAP NO. 123-20 BY CHANGING THE ZONING OF 90
ACRES GENERALLY LOCATED ON THE NORTHWEST
CORNER OF PANAMA LANE AND PROGRESS ROAD
FROM AN A-20A (AGRICULTURE-20 ACRE MINIMUM)
TO AN R-1 (ONE FAMILY DWELLING) ZONE ON 85.57
GROSS ACRES AND C-1 (NEIGHBORHOOD
COMMERCIAL) ZONE ON 5 GROSS ACRES.
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 northwest corner of Panama Lane and
Progress Road; and
WHEREAS, by Resolution No. 18-93 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 (One Family Dwelling) zone on 85.57 gross acres
and C-1 (Neighborhood Commercial) zone on 5 gross acres, as delineated on attached
Zoning Map No. 123-20 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) zone to R-1 (One Family Dwelling) zone and C-1
(Neighborhood Commercial) 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's
CEQA Implementation Procedures 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 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:
ORIGINAL
I. All required public notices have been given.
2. The provisions of California Environmental Quality Act (CEQA) have
been met through the preparation of an initial study and a negative declaration which
indicate no significant environmental impact will occur as a result of the proposed zone
change.
3. That the proposed Zone Change No. 5426 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 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 .........
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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
blAY Z $ 11183 , by the following vote:
AYES' CO{.INClLMEMBER?. EDWARDS, DeM~O, SM 7H, BRUNNi, KANE M~DERMOTT SALYAGGEI
NOE'S: COUNC L,M, EMSE'R$ f~On~
ABSENT COUNGh. MEM3ERS~- .... ~J o n~.~
A~TAIN C~NClLMEM~RS' ~- _ ~ o ~C
Council of the City of Bakersfield
APPROVED MAY 2 Ii 1~93
MAYOR of the City of Bakersfield
APPROVED as to form:
CITY ATTORNEY of the City of Bakersfield
MG:pjt
April 9, 1993
res\o193s7.cc
-3-
ORIGINAL
EXHIBIT "A"
Recommended Mitigation Measures
and Conditions of Approval
General Plan Amendment 1-93, Segment VII
Zone Change No. 5426
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)
An acoustical analysis shall be submitted with all applications for subdivision maps within 100 feet of
the centerline of the adjacent Southern Pacific Railroad tracks. This report shall indicate the means
by which the developer proposes to comply with:
Items 3 (a)-(f) listed on pages VII-23 and VII-24 of the Noise Element and with the noise
standards of 65 dB CNEL or less in outdoor activity areas and 45 dB CNEL or less within
interior living spaces;
Performance standards within page VII-5 of the Noise Element of the Metropolitan
Bakersfield 2010 General 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 conducfing any fieldwork. (Mitigation)
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.
NOTE: * indicates adjustments have been made on these items to account fnr 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
Buena Vista at Punsinger
Harris Rd at Mt Vista Rd
Old River Rd at Harris Rd
Progress Rd at Harris Rd
Panama Ln at Mt Vista Rd
$ 4,320.00
$ 14,040.00
$ 15,840.00
$ 4,940.00
$ 3,960.00
$ 11,310.00
(3.6% of $120,000.00
(10.8% of $130,000.00
(13.2% of $120,000.00
(3.8% of $130,000.00
(3.3% of $120,000.00
(8.7% of $130,000.00
ORIGINAL
Exhibit"A"
GPAI-93, See. VII
ZC5426
Page 2
*Pacheco Rd at Gosford Rd $ 6,500.00
*Panama Ln at Gosford Rd $ 5,850.00
Panama Ln at Progress Rd $ 7,800.00
*Panama Ln at Old Rivr Rd $ 7,800.00
*Pacheco Rd at Old Rivr Rd $ 2,600.00
Progress at Berkshire Rd $ 6,000.00
*Panama Ln at Buena Vista $ 9,100.00
*Pacheco Rd at Buena Vista $ 7,150.00
Harris Rd at Gosford Rd $ 9,100.00
$ 116,310.00
(5.00/0 of $130,000.00)
(4.5% of $130,000.00)
(6.0% of $130,000.00)
(6.0°/0 of $130,000.00
(2.0% of $130,000.00
(5.0% of $120,000.00
(7.0% of $130,000.00
(5.5% of $130,000.00
(7.0% of $130,000.00
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:
Buttonwillow Branch:
*Buena Vista Rd crossing $ 1,500.00
Mtn Vista Rd crossing $ 1,000.00
*Old River Rd crossing $ 500.00
Sunset Branch:
Harris Rd crossing $ 1,000.00
*Pacheco Rd crossing $ 500.00
*Panama Ln crossing $ 2,000.00
Berkshire Rd crossing $ 1,000.00
$ 7,500.00
(1.5% of $100,000.00)
(l.0% of $100,000.00)
(0.5% of $100,000.00)
(1.0%of $100,000.00)
(0.5%of $100,000.00)
(2.0%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
*Paeheeo Rd erossing
Pensinger Rd crossing
$ 1,200.00
$ 600.00
$ 120.00
$ 240.00
(2.00/0 of $60,000.00)
(1.0%of $60,000.00)
(0.2%of $60,000.00)
(0.4%of $60,000.00)
ORIG;NAL
Exhibit "A"
GPA 1-93, Seg. VII
ZC 5426
Page 3
Stine Canal:
Berkshire Road crossing
$ 600.00
$ 2,760.00
(l.0% of $60,000.00)
The traffic study and resulting impacts identified in items 1., 2. and 3. above are based on projections
of commercial square footage and residential densities stated in the traffic study, while the land use
proposed could allow more commercial square footage and higher densities than stated. The stated
square footage of 50,312 square feet and the stated residential density of 500 units result in local
traffic mitigation fees of $1.26 per square foot for the commercial area and $129.00 per dwelling unit
for the residential area. Should an increase of more than 5 % in 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/commercial
square foot shall be maintained irregardless of the number of dwellings/commercial square footage
that is finally created so that proportionate local traffic mitigation will be achieved.
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.
10.
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 shall be submitted to and
approved by the City Engineer. The proposal shall include provisions for providing service to the area
bounded by Panama Lane, Old River Road, Progress Road, and Itarris Road.
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.
11.
Offers of dedication will be required to allow for the construction of the entire portion within the
project area of Panama Lane and Old River Road to arterial standards and of Harris Road 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.
12.
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.
ORIGINAL
Exhibit "A"
GPA 1-93, Seg. VII
ZC 5426
Page 4
13.
14.
15.
16.
17.
18.
With the first development adjacent to Old River Road, the entire segment of Old River Road
adjacent to the Zone Change area shall be constructed including sidewalk, curb and gutter, and street
pavement. The median may be constructed or the developer may pay his proportionate share of the
median.
The construction of the west half of Progress Road between Itarris Road and Panama Lane is the
responsibility of the project applicant/developer. Progress Road shall be constructed in a maximum
of two segments, a northerly half segment and a southerly half segment, with the first development
adjacent to a Progress Road segment. Construction shall include curb, gutter and street pavement.
The applicant shall submit a comprehensive drainage study having boundaries of Old River Road,
Panama Lane, Progress Road, and Harris 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).
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 is a bikeway on the "Bikeway Master Plan" of the 2010 General Plan and Old River
Road is a bikeway as shown on the proposed "Bikeway Master Plan" of Amendment 1-93, Segment
9 to the 2010 General Plan. '[hey 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
Old River Road and Panama Lane meet existing pavement.
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
M2
I'll
CITY OF BAKERSFIELD
ZONING MAP 125-20
SEC. 20 T 50s R
LEGEND
EXHIBIT "C"
LEGAL DESCRIPTION
General Plan Amendment 1-93, Segment VII
Zone Change No. 5426
FROM AN A-20A (AGRICULTURE-20 ACRE MINIMUM) TO A C-1
(NEIGHBORHOOD COMMERCIAL) ZONE:
The east 670 feet of the south 330 feet of the southwest quarter of Section 20, Township
30 south. Range 27 east. M.DB.&M., City of Bakersfield. State of California.
Containing 5.0 gross acres.
FROM AN A-20A (AGRICULTURE-20 ACRE MINIMUM) TO AN R-1 (ONE FAMILY
DWELLING) ZONE:
The south 2,263 feet of the southwest quarter of Section 20, Township 30 south, Range
27 east, M.D.B.&M., City of Bakersfield, State of California.
EXCEPT Lots 28 and 29 of Section 20, Township 30 south, Range 27 east, M.D.B.&M.,
per Sales Map of Lands of Kern County Land Company, filed May 28, 1892.
Containing 85.57 gross acres.
p:193s7.1d
ORIG;NAL
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. 3534, 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