HomeMy WebLinkAboutORD NO 3532ORDINANCE NO. 3532
AN ORDINANCE AMENDING 'II'I'LE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 104-15
BY CHANGING THE ZONING OF 196.28 ACRES GENERALLY
LOCATED WEST OF MIRAMONTE DRIVE, EAST OF COMANCHE
DRIVE, TO THE SOUTH OF HIGHWAY 178, WITHIN THE RIO
BRAVO AIRPORT PROPERTY FROM AN M-1 (LIGHT
MANUFACTURING) ZONE TO A C-O (PROFESSIONAL AND
ADMINISTRATION OFFICE) ZONE ON A 14 GROSS ACRE Srl'l~, A
C-1 (NEIGHBORHOOD COMMERCIAL) ZONE ON A SI~I~ OF 5.8
NET ACRES AND FROM M-1 (LIGHT MANUFACTURING), C-2
(REGIONAL COMMERCIAL) AND C-I (NEIGHBORHOOD
COMMERCIAL) TO AN R-1 (ONE FAMILY DWELLING) ZONE ON
THE REMAINDER OF THE SUBJECT PROPERTY.
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 southwest and southeast corner of
Alfred Harrell Highway and Highway 178; and
WHEREAS, by Resolution No. 14-93 on March 18, 1993, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of
the Municipal Code to approve C-2 (Regional Commercial), C-1 (Neighborhood
Commercial), C-O (Professional and Administration Office) and R-1 (One Family
Dwelling) zoning on approximately 196.28 acres, as delineated on attached Zoning Map
No. 104-15 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-1
(Neighborhood Commercial), C-2 (Regional Commercial), M-1 (Light Manufacturing) to
C-2 (Regional Commercial), C-1 (Neighborhood Commercial), C-O (Professional and
Administration Office) and R-1 (One Family Dwelling) 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
ORIGINAL
WHEREAS, the City Council has considered and hereby makes the
following findings:
1. 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. 5421 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".
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ORIGINAL
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 .........
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 l! 6 1888 , by the following vote:
AYES: COUNCILMEMBeRS: EDWARDS, De~'/,C~D, SMITH, [~, KANE, ~T ~LVAGGIO
NOES: COU N GILME M BE RS c._.._L'¥t C..
ABSENT COU NCILMEMBERC,:
ABSTAIN COUNCILMEMBERS* k3o~E.'
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
UA¥ 2 6 ~3
APPROVED
MAYOR of the City of Bakersfield
APPROVED as to form:
CITY ATTORNEY of the City of Bakersfield
MG:pjt
April 5, 1993
res\o193s5zc.cc
-3-
ORIGINAL
Exhibit A
Recommended Mitigation Measures and
Conditions of Approval
General Plan Amendment 1-93, Segment V
Zone Change No. 5421
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)
If the Metropolitan Bakersfield Habitat Conservation Plan is not in place prior to ground
disturbance activities or the proposed submittal of a subdivision map application with the City of
Bakersfield, the applicant must have the site surveyed by a qualified biologist to determine if the
Blunt-nosed leopard lizard (a State and Federally-listed Endangered Species) or other sensitive
plant species are present on-site. This is necessary in order to mitigate the impacts of any natural
to urban land conversion on the species, in compliance with the state and federal Endangered
Species Acts. The survey must be done in the spring according to the California Department of
Fish and Game guidelines, and complete methodology must be reported. Plant surveys must be
completed at a level sufficient to assume sensitive plant species are not present or will likely be
found if present. If the lizard or any protected plant animals species are identified as existing on-
site, the biologist and applicant must notify the Department of Fish and Game and enter into
appropriate consultations and determine separate mitigation.
Prior to tentative subdivision map approval, an archeological field study must be performed on the
project site by a qualified archeologist to determine if any archeological resources are present on-
site, and to determine recommendations if any resources are discovered. (Mitigation)
In order to avoid potential hazards to people as a result of the proposed development, the airport
runways must be permanently closed, according to FAA standards, prior to final map recordation
and prior to approval of any site plan for the commercial sites. (Condition)
In order to provide for orderly development and to buffer proposed residential uses from adjacent
mineral petroleum extraction activities, a 6-foot high masonry block wall (as measured from
highest finished grade) shall be constructed along the entire R-I property line abutting the Ant
Illill Oil Field on the south edge of the project area. This wall must be constructed prior to
recordation of any final map or phase thereof containing lots along the southern boundary
abutting this oil field area. This wall shall not be constructed within any public right-of-way.
There will be a 50-foot setback along the southern boundary between the applicant's property and
the Ant Hill oilfield. (Condition)
NOTE: * indicates adjustments have been made on these items to account for the Regional
Transportation Impact Fee's contribution towards the item.
ORIGINAL
Prior to further commercial development or cumulative subdivision of more than 150 lots, a
Project Study Report (PSR) will be required to determine the extent and cost of improvements
required along State Route 178 both within and outside the project boundaries. The PSR shall be
paid for by the Developer and the Consultant performing the study shall be approved by the City
and Caltrans. Per Caltrans, prior to issuance of an encroachment permit by Caltrans to do any
work within State right-of-way, the PSR shall be approved and a cooperative agreement between
the City and Caltrans identifying responsibilities for project design, funding, construction, and
maintenance shall have been executed. In the event that the Regional Transportation Impact Fee
Program is modified to include State Highway 178 and 184 facilities at full mitigation, preparation
of a PSR will not be required.
Exhibit "A"
GPA 1-93, Seg. V
ZC 5421
Page 2
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 project. The
traffic signal cost shall be determined in the PSR above and the traffic signal percentages listed
below may be modified from the results of the PSR or from a subsequent traffic study approved
by the City Engineer. ~Ihe developer's proportionate shares determined from the traffic study
submitted for this project are as follows:
Signal Location Percentages
Area 1 Area 2 Area 3 Area 4
St. Rt. 178 at St. Rt. 184 5.5%
*St. Rt. 178 at Comanche/Alf. Har. 5.2%
St. Rt. 178 at Edison Road 5.5%
St. Rt. 178 at Miramonte Drive 2.9%
7.8% 2.9% 18.6%
7.4% 5.7% 9.4%
7.8% 2.9% 18.6%
4.1% 21.9% 15.3%
(Area I = SW Cor St. Rt. 178 and Comanche, Area 2 = SE Cor St. Rt. 178 and Comanche, Area 3 = SW
Cor St. Rt. 178 and Miramonte, Area 4 = Residential Area)
If a full access point to State Route 178, other than Miramonte Drive and Comanche Drive, into
the residential area is desired (and approved by Caltrans), then the Developer shall be responsible
for the installation of this traffic signal when warranted. This signal and its location shall be
included in the PSR above. Otherwise, only left-turn in, right-turn out access points along the
project frontage of State Route 178 will be allowed. These will be located upon further
subdivision. A reimbursement agreement between the City and the developer for local traffic
impact fees collected for this traffic signal from other developments will be allowed.
Upon further subdivision or development, the developer will enter into an agreement with the City
and post approved security to guarantee the construction of realignment of Comanche Drive with
Alfred Harrell Highway within the project limits. This construction shall be completed with the
development of the first commercial project within the GPA area at the Comanche Drive/State
Route 178 intersection or sooner if required by the City Engineer (due to construction of the
realignment south of the project) or by Caltrans in the PSR above. Minimum construction shall
provide for one north to west left-turn lane, one northbound through lane, one north to east right-
turn lane, and one southbound through lane. Full arterial standard construction shall be required
for development fronting Comanche Drive.
10.
With the first development within the project area adjacent to State Route 178 or when required
by Caltrans in the PSR, full width City standard arterial street improvements on the south side
(eastbound) of State Route 178 shall be constructed. Unless otherwise indicated in the PSR,
construction of the State Route 178 improvements fronting the project shall be completed in a
maximum of four segments as approved by the City Engineer. Each segment shall be constructed
with the first development fronting State Route 178 within that segment. Median fees may be
paid for the project area's proportionate share of the cost of the median in lieu of constructing the
median.
11.
Prior to further subdivision or development, the applicant shall modify the existing comprehensive
drainage study of the project watershed area. The drainage study modification should include, but
not necessarily be limited to, drainage calculations, pipe sizes and locations, the drainage retention
or detention basin site and size, construction phasing, and EPA stormwater quality mitigation
measures.
ORIGINAL
Exhibit "A"
GPA 1-93, Seg. V
ZC 5421
Page 3
12.
13.
14.
15.
16.
17.
The modified 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.
State Route 178 is a bikeway as shown on the "Bikeway Master Plan" of the 2010 General Plan
and shall be constructed as required by the 2010 General Plan and by Caltrans for streets with
bike lanes.
Paved transitions approved by the City Engineer and/or Caltrans will be required where the
construction on State Route 178 meets existing pavement.
At the time of further development or subdivision, the property owner(s) within the GPA area of
any areas 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.
The traffic study and resulting impacts identified in item 2. above are based on projections of
commercial square footage and residential density stated in the traffic study, while the land use
proposed could allow more or less commercial square footage and a higher or lower residential
density than stated. The following commercial square footages and residential densities were
stated in the traffic study:
Area 1: 100,624 square feet
Area 3: 52,272 square feet
Area 2: 143,748 square feet
Area 4: 631 residential units
Upon completion of the PSR outlined in item 1. above, a local traffic mitigation fee for these
areas will be calculated and shall be charged at the time of building permit. Should an increase or
decrease of more than 5% in commercial square footage/dwelling unit density be proposed for any
specific project within the GPA area, then a review and possible revision to the traffic study will
be permitted and may be required. Otherwise, the unit cost per commercial square
foot/residential dwelling unit calculated shall be maintained irregardless of the number of
commercial square footage that is finally created so that proportionate local traffic mitigation will
be achieved.
Upon subdivision of the property, municipal sewer service to each lot shall be provided. Prior to
submitting any tentative subdivision maps, a proposal for providing municipal sewer service to
each lot shall be submitted to and approved by the City Engineer.
An assessment district proposed to extend a sewer trunk line from the existing City maintained
sewer system to the northeast area is being formed. The developer shall cooperate with the
district formation.
O~IGiNAL
Exhibit "A"
GPA 1-93, Seg. V
ZC 5421
Page 4
18.
19.
20.
If a new pump station is required to provide sewer service for this development, other than a
station for the sewer trunk line referenced in item 12. alxwe, 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.
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.
Prior to the issuance of a building permit within the project area, a minimum of $2.65 per square
foot of assessable space shall be paid for the purpose of providing school facilities.
p:193s5.ea
ORIGINAL
104-15
I'll
CITY OF BAKERSFIELD
ZONING MAP
SEC. 15 T 29S
LEGEND
EXHIBIT "C"
Zone Change No. $421
Legal Description
Prooosed Residential - (Parcel "C" of P.M. 9633)
All that portion of the north half of Section 15, Township 29 south, Range 29 east,
M.D.B.&M., County of Kern, State of California, more particularly described as follows:
Beginning at the east quarter corner of said Section 15;
THENCE (1)
THENCE (2)
THENCE (3)
THENCE (4)
THENCE (5)
THENCE (6)
THENCE (7)
THENCE (8)
THENCE (9)
THENCE (10)
S 89058;38" west, along the south line of said north half, a distance
of 4,147.21 feet;
N 00021'52" east, 1,075 feet to a point on the centerline of State
Highway VI KER 178;
N 69017'25" east, along said centerline, a distance of 4,429.12 feet to
a point on the east line of said Section 15, said point bears S
00003'20" west, 3.42 feet from the northeast corner of said Section
15;
S 00o03'20" west, along the east line of said Section 15, 93.69 feet;
S 47013'29" west, 51.28 feet;
S 14°34'36" west, 93.63 feet;
S 01007'29" west, 86.34 feet;
S 08029'40" east, 85.43 feet;
S 18010'48" east, 159.76 feet to a point on the east line of said
Section 15, said point bears S 00003'20" west, 541.73 feet from the
northeast corner of said Section 15;
S 00003'20" west, along last said east line, 2,101.38 feet to the point
of beginning.
Contains 176.22 acres.
Commercial Site - (Parcel "D" of P.M. 9633)
All that portion of the north half of Section 15, Township 29 south, Range 29 east,
M.D.B.&M., County of Kern, State of California, more particularly described as follows:
Beginning at the west quarter corner of said Section 15:
THENCE (1)
THENCE (2)
N 00021'47" east. along the west line of said Section 15, 655.85 feet
to the centerline of State Highway VI KER 178;
N 69017'25" east, along said centerline, 419.22 feet:
ORIGINAL
Exhibit "C"
Zone Change 5421
Page 2
THENCE (3)
THENCE (4)
THENCE (5)
THENCE (6)
Contains 7.70 acres.
S 15042'35" east, 70.27 feet to a tangent curve concave westerly and
having a radius of 1,500.00 feet;
Southerly along said curve through a central angle of 16°04'27", an
arc length of 420.82 feet;
S 00o21'52" west, 320.58 feet to the south line of said north half of
Section 15;
S 89058'38" west, along last said south line, 469.28 feet to the point
of beginning.
Westerly Commercial Site - (On Parcel "C" of P.M. 9633)
All that portion of the north half of Section 15, Township 29 south, Range 29 east,
M.D.B.&M., County of Kern, State of California, more particularly described as follows:
Commencing at the west quarter corner of said Section 15;
THENCE (1)
THENCE (2)
THENCE (3)
THENCE (4)
THENCE (5)
THENCE (6)
N 00021'52" east, 320.58 feet to a tangent curve concave westerly
and having a radius of 1,500.00 feet;
Northerly along said curve through a central angle of 16o04'27", an
arc length of 420.82 feet;
N 15042'35" west, 70.27 feet to the centerline of State Highway VI
KER 178;
N 69°17'26" east, along said centerline, 767.47 feet:
S 00°21'52" west, 1,075.08 feet to the south line of said north half of
Section 15:
S 89058'38" west, 638.05 feet to the true point of beginning.
Contains 14.30 acres gross.
p:5421.1d
ORIG;~JAL
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. 3532, 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
'DEPUTY .~ity