HomeMy WebLinkAboutORD NO 3533ORDINANCE NO. 3 5 3 3
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND ZONING
MAP NO. 123-17 BY CHANGING THE ZONING OF 8.88 -+
ACRES GENERALLY LOCATED ALONG THE
SOUTHEAST CORNER OF OLD RIVER ROAD AND
CAMPUS PARK DRIVE FROM C-2 (REGIONAL
COMMERCIAL) TO R-2 (LIMITED MULTIPLE FAMILY
DWELLING ZONE.
WHEREAS, ~n 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 along the southeast corner of Old River
Road and Campus Park Drive; and
WHEREAS, by Resolution No. 16-93 on March 18, 1993, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of
the Municipal Code to approve R-2 (Limited Multiple Family Dwelling, minimum lot
size 6,000 square feet, minimum lot area of 2,500 square feet per dwelling unit) on 8.88
q- acres as delineated on attached Zoning Map No. 123-17 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 C-2
(Regional Commercial) to R~2 (Limited Multiple Family Dwelling, minimum lot size
6,000 square feet, minimum lot area of 2,500 square feet per dwelling unit) 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 February 11, 1993, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows LR (Low
Density Residential), HMR (High Medium Density Residential) and HR (High Density
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. 5424 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.
.......... o0o .........
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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
MY 2 ~ ~'~ , by the following vote:
AYES: COUNCILMEMBERS: EDWARDS,..~I~, SMITH, BRUNNI, KANE, Mc0ERMOTT SALVAGGIO
NOES: COUNCILMEMBERS _
ABSENT COUNCILMEMBERS:
ABSTAIN COUNCILMEMBERS'
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED t~AY l § ~
BOB PRICE
MAYOR of the City of Bakersfield
APPROVED as to form:
LAWRENCE M. LUNARDINI
CITY ATTORNEY of the City of Bakersfield
RD:pjt
April 20, 1993
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Exhibit A
Conditions of Approval
General Plan Amendment 1-93, Segment VI
Zone Change No. 5424
Planning:
Vehicular parking facilities shall not be located adjacent to or within 25 feet of the adjoining
single family dwellings. This measure to be enforced at the time of site plan review.
Yard areas between structures on the subject site and adjoining single family dwellings shall be
useable open space.
Provide dense evergreen landscaping along that portion of the subject site which abuts single
family dwellings. Upon maturity the landscaping will provide a screening effect and have a
minimum height of 15 feet. A landscaping plan will be required at the time of site plan review
and must be installed prior to occupancy of any building.
A masonry wall six feet in height from highest adjacent grade to be constructed at common lot
line with any property designated for single family usage. Wall to be constructed prior to
occupancy of any building on the project site.
If the site is developed to single family dwellings, condition numbers 3 and 4, as shown on the
staff report Exhibit "A" conditions of approval, are not applicable.
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.
Public Works Department Conditions:
Upon further subdivision or development, the developer shall pay to the City fees for his
proportionate share of future traffic signals, canal crossings in the project area impacted from the
project. The traffic improvements impacted shall be determined from a traffic study performed by
the developer. Alternatively, if the density of the project does not exceed 7.34 dwelling units per
gross acre, then a fee of $750 per gross acre plus *300 (.3% x $100,000) for the crossing of Old
River Road at the Buttonwillow Branch railroad may be paid to mitigate local traffic impacts.
The local traffic mitigation fees for this area shall be paid at the time of obtaining a building
permit.
Southerly of the point where the Buena Vista Canal angles southwesterly, the centerline of Old
River Road shall realign with the west line of Section 17 on an alignment approved by the City
Engineer. A plan for the construction of Old River Road from Campus Park Drive through this
alignment shall be submitted by the developer and approved by the City Engineer. All of Old
River Road from Campus Park Drive to the west line of Section 18 shall be constructed with the
first development.
Alternatively, if a certificate of compliance for a lot line adjustmerit has been recorded that
realigns the property line between the Castle and Cooke parcel and the Kern College Land parcel
from the west line of Section 18 to the centerline of the approved Old River Road alignment, then
only the portion of Old River Road remaining within the Castle and Cooke parcel will be required
to be constructed with sit development. The landscaped median island may be terminated at the
point where the Old River Road alignment intersects the west line of Section 18. Fees may b.~
paid for the east half of the remainder of the median.
Exhibit "A"
GPA 1-93, Seg. Vl
Page 2
10.
NOTE:
11.
12.
Old River Road is a bikeway as shown on the proposed "Bikeway Master Plan" of Amendment
1-93, Segment IX to the 2010 General Plan. It shall be constructed as required by the 2010
General Plan for streets with bike lanes.
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.
* Indicates adjustments have been made on these items to account for the Regional
Transportation Impact Fee's contribution towards the item.
As soon as possible, but in any event prior to submission of any subdivision map, the owner(s)
shall enter into an agreement with 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.
The property shall be developed with single family detached homes of similar lot size to Tract
5616.
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CITY OF BAKERSFI£LO
ZONING MAP 123-17
SEC 17 T 30s R 27E
LEGEND
EXHIBIT "C"
Zone Change No. 5424
Legal Description
ALL THAT PORTION OF SECTION 17, T.30S., R.27E., M.D.M., CITY OF
BAKERSFIELD, STATE OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT 7 OF TRACT NO. 4619 AS
FILED IN BOOK 33 AT PAGES 28 AND 29 OF MAPS IN THE OFFICE OF THE KERN
COUNTY RECORDER; THENCE ALONG THE WESTERLY BOUNDARY OF SAID
TRACT THE FOLLOV~fNG FOUR (4) COURSES:
1)
S.26°00'00"E., 116.43 FEET TO THE BEGINNING OF A NON-
TANGENT CURVE CONCAVE TO TI-IE SOUTHEAST, HAVING A
RADIUS OF 92.00 FEET AND TO WHICH BEGINNING OF A
RADIAL LINE BEARS N. 10° 13'56"W.; THENCE
2)
WESTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 32022'25" AN ARC DISTANCE OF 51.98 FEET TO THE
BEGINNING OF A TANGENT REVERSE CURVE CONCAVE TO
THE NORTHWEST, HAVING A RADIUS OF 25.00 FEET; TI-IENCE
3)
WESTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 23° 00'09" AN ARC DISTANCE OF 10.04 FEET TO THE
BEGINNING OF A COMPOUND CURVE CONCAVE TO THE
NORTHWEST, HAVING A RADIUS OF 370.00 FEET; THENCE
4)
WESTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 09°17'01" AN ARC DISTANCE OF 59.95 FEET;
THENCE CONTINUING ALONG SAID 370.00 FOOT RADIUS CURVE THROUGH A
CENTRAL ANGLE OF 11°18'48" AN ARC DISTANCE OF 73.06 FEET; THENCE
N.89°00'23"W., 349.60 FEET; THENCE N.44°00'23"W., 28.28 FEET; TI-IENCE
N.00°59'37"E., 680.00 FEET TO THE SOUTHERLY RIGHT-OF-WAY OF CAMPUS
PARK DRIVE AS SHOWN ON TRACT NO. 5616 AS FILED IN BOOK 39 AT PAGE 198
OF MAPS; THEN EASTERLY ALONG SAID RIGHT-OF-WAY THE FOLLOWING SIX
(6) COURSES:
1) N.45°59'37"E., 28.28 FEET; THENCE
2)
S.89°00'23"E., 13.59 FEET TO THE BEGINNING OF A CURVE
CONCAVE TO THE NORTH, HAVING A RADIUS OF 1050.00 FEET:
THENCE
EXHIBIT "C"
Zone Change No. 5424
Page 2
~)
EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
10°27'08" AN ARC DISTANCE OF 191.55 FEET TO THE BEGINNING OF
A NON-TANGENT COMPOUND CURVE CONCAVE TO THE NORTH,
HAVING A RADIUS OF 1050.00 FEET AND TO WHICH BEGINNING A
RADIAL LINE BEARS S. 12° 18'52"E., THENCE
EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
03°36'30" AN ARC DISTANCE OF 66.13 FEET; THENCE
5~
N.73°39'35"E., 59.73 FEET TO THE BEGINNING OF A NON-TANGENT
CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 1045.00
FEET AND TO WHICH BEGINNING A RADIAL LINE BEARS
S. 16°20' 19"E., THENCE
6) EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
01'24'31" AN ARC DISTANCE OF 25.69 FEET TO THE NORTHWEST
CORNER OF TRACT NO. 4620 AS FILED IN BOOK 33 AT PAGE 30 OF MAPS IN THE
OFFICE OF TI-IE KERN COUNTY RECORDER; TI-IENCE S.26000'00HE., ALONG THE
WESTERLY BOIJIqDARY OF SAID TRACT NO. 4620 A DISTANCE OF 615.82 FEET
TO THE NORTHWESTERLY BOUNDARY OF TRACT NO. 4619 AS FILED IN BOOK 33
AT PAGE 28 OF MAPS IN THE OFFICE OF THE KERN COIJN'TY RECORDER;
THENCE ALONG SAID NORTHWESTERLY BOUNDARY S.64°00'00"w., 166.05 FI=,ET
TO THE POINT OF BEGINNING.
CONTAINING 8.88 ACRES
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
the City of Bakersfield; and that on the 22nd day of June, 1993 she
posted on the Bulletin Board at City Hall, a full, true and correct
copy of the following: Ordinance No. 3533, 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