HomeMy WebLinkAboutORD NO 4111ORDINANCE NO. 4 ~ ~. I
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO.
101-13 BY CHANGING THE ZONING FROM C-1 (GENERAL
COMMERCIAL) TO R-I (ONE-FAMILY DWELLING) ON 5.88
ACRES AND DELETION OF CONDITION OF APPROVAL
NUMBER 3 AND MITIGATION MEASURE NUMBER 2 OF
PREVIOUSLY APPROVED ZONING UPON ANNEXATION
NUMBER 5169 GENERALLY LOCATED ALONG THE
SOUTHWEST CORNER OF JEWETTA AVENUE AND REINA
ROAD (FILE # 02-0976).
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 and deletion of a condition of approval and mitigation
measure of those certain properties in the City of Bakersfield generally located along the
southwest corner of Jewetta Avenue; and
WHEREAS, by Resolution No. 20-03 on January 16, 2003, the Planning Commission
recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code
to approve Zone Change 02-0976, changing the zoning from R-1 to C-1, as delineated on
attached Zoning Map No. 101-13 marked Exhibit "2", by this Council and deleting a condition of
approval and a mitigation measure from previous Zoning Upon Annexation 5169 (Reina # 1) for
that site marked Exhibit "2a" by this Council and as shown on Ordinance Number 3397 (ZUA
5169) marked Exhibit "4", by this Council and this Council has fully considered the
recommendations made by the Planning Commission as set forth in that Resolution; and
WHEREAS, condition number "3" and mitigation measure number "2" are as follows:
Condition Number 3
With the first subdivision/development within the project area, the subdivider shall
construct the full half width of the west side of Jewetta Avenue between the south
boundary of the project and Reina Road plus one-half of a landscape and irrigated
median island and two paved travel lanes on the east side of Jewetta Avenue, the south
half of Reina Road between the west boundary of the project and Jewetta Avenue, and
the east half of Old Farm Road from the south boundary of the project to Reina Road.
Appropriate pavement transitions shall also be required.
A reimbursement agreement will be allowed for the construction of the two travel lanes
on the east side of Jewetta Avenue outside the project boundary.
Mitiqation Measure Number 2
No more than 231 (or 220 + 5%) single family residential units shall be allowed on final
subdivision maps for the 73.79 acre residential site.
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 to R-1 and deleting "condition
number 3 and mitigation measure number 2" of Ordinance Number 3397 (ZUA 5169) 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 was advertised and posted on November 14, 2002
in accordance with CEQA;
WHEREAS, the general plan designation for this area allows Suburban Residential and
Low Density Residential development; and
WHEREAS, the City Council has considered and hereby makes the following findings:
All required public notices have been given.
The provisions of the California Environmental Quality Act have been followed.
Mitigation Measures/Conditions of Approval shown on Exhibit "1" are included in
the project to ameliorate impacts.
The proposed project is consistent with the surrounding land uses.
The proposed project is consistent with the Metropolitan Bakersfield 2010
General Plan.
Based on the absence of evidence in the record as required by Section 21082.2
of the State of California Public Resources Code (CEQA) for the purpose of
documenting significant effects, it is the conclusion of the Lead Agency that this
project will result in impacts that fall below the threshold of significance with
regard to wildlife resources and, therefore, must be granted a "de minimis"
exemption in accordance with Section 711 of the Sate of California Fish and
Game Code. Additionally, the assumption of adverse effect is rebutted by the
above-reference absence of evidence in the record and the Lead Agency's
decision to prepare a Negative Declaration for this project.
NOW,
follows:
1.
2.
3.
SECTION 1.
THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as
All of the foregoing recitals are hereby found to be true and correct.
The Negative Declaration is hereby approved and adopted.
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
Zoning Map. No. 101-13 marked Exhibit "2", attached hereto and incorporated as
though fully set forth, more specifically described in attached Exhibit "3", and
deleting Condition No. 3 and Mitigation Measure No. 2 shown on Exhibit "4"
(Ordinance No. 3397) for that site as shown on Exhibit "2a", attached hereto and
incorporated as though fully set forth, for property generally located along the
southwest corner of Jewetta Avenue and Reina Road.
*.
Such zone change is hereby made subject to the mitigation measures/conditions
of approval listed in attached Exhibit "1 ", subject to approval of GPA 02-0976.
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.
......... 000 .........
the
HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by
C"°uQcLI6°~f~03thel-l-B2~/U City of Bakersfield at a regular meeting thereof held on
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER ~V~'Q-~
COUNCILMEMBER ~
COUNCILMEMBER ~'
PAMELA A. McCARTHY, CMCII
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED //EB ~6 2003
I-[A¢IVL=~ L HALL
Mayor of the C ty of Bakersfield
APPROVED as to form
BART J. THILTGE~I
City Attorney
EXHIBIT "1"
MITIGATION MEASURES/CONDITIONS OF APPROVAL
General Plan Amendment/Zone Change 02-0976
Conditions
Public Works
1. The phasing of frontage improvements within the entire GPA/ZC area is to be
balanced with respect to the acreage of the GPA/ZC area being subdivided. These
frontage improvements (including but not necessarily limited to curb & gutter, street
paving, sidewalk, street lights, landscaping, masonry wall) include full improvements for
the west half of Jewetta Avenue from the south boundary of the original GPA/ZC area to
the intersection of Reina Road, including construction of the [andscaped median or
payment of median fees; the south half of Reina Road from Jewetta Avenue to Old Farm
Road; and the east half of Old Farm Road. The frontage improvements shall also
include any pavement transitions necessary. Therefore, in order to promote orderly
development, all areas within the original GPA/ZC area shall be responsible for an equal
dollar amount of frontage improvement per acre. Prior to recordation of a final map for
any phase of any subdivision that does not construct its share of these improvements,
the difference between the cost of the frontage improvements constructed and the phase
share shall be placed into an escrow account. The money deposited in this account
would be for the use of the developer of any future phase responsible for more than its
share of improvements. The final per lot share will be based upon an approved
engineer's estimate. In lieu of the use of an escrow account, the developer may choose
to construct with each phase its proportionate share of the frontage improvements, with
approval of the City Engineer.
GC to LR on 5 acres
2. Development on the site shall be subject to the Traffic Impact Fee schedule in
effect at the time of issuance of building permits. This proposal will result in an overall
decrease in trip generation from previously approved entitlements; the fee program
improvements mitigate impacts of the existing densities and therefore will do so with the
proposed reduced densities.
3. The entire area covered by this General Plan Amendment shall be included in
the Consolidated Maintenance District. The applicant shall pay all fees for inclusion in
the Consolidate Maintenance District with submittal of any development plan, tentative
subdivision map, Site Plan Review, or application for a lot line adjustment for any portion
of this GPA area.
S:\Dole\02-0976\MITIGAT[ON MEASURES.doc
ZONE CHANGE 02-0976
C-1 TO R-11
EXHIBIT "2"
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EXHIBIT "3"
ZONE CHANGE 02-0976
LEGAL DESCRIPTION
C-1 TO R-I
OCT 1 '~ ~002
~ L~NNINC: [ TPa. F~ F).4EN~-
BEING THE EAST 369.39 FEET OF PARCEL D OF LOT LINE ADJUSTMENT NO. 367 IN
THE CITY OF BAKERSFIELD, STATE OF CALIFORNIA, AS EVIDENCED BY THAT
CERTAIN CERTIFICATE OF COMPLIANCE RECORDED MARCH 22, 1994 IN BOOK
7006, PAGE 2222, O.1L, ALSO BEING A PORTION OF THE NORTHEAST QUARTER OF
SECTION 13, T. 29 S., R. 26 E., M.D.B. & M.
CONTAINS: 5.88 GROSS ACRES
5565
EXHIBIT "4"
ORDINANCE NO. ~ 3 9 7 ._
AN ORDINANCE AMENDING SECTION
17.06.020 OF CHAPTER 17.06 (ZONING
MAP) OF THE BAKERSFIELD MUNICIPAL
CODE AND cITY ZONING MAP 101-13 BY
PREZONING PROPERTY LOCATED AT THE
soUTHWEST cORNER OF REINA ROAD AND
JEWETTA AVENUE KNOWN AS REINA NO. 1
ANNEXATION (WARD 4).
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
request by the City of Bakersfield to zone certain property now
being annexed to said City, known as REINA NO. 1 ANNEXATION, and
made several general and specific findings of fact which
warranted a negative declaration of environmental impact; and
WHEREAS, Reina No. 1 Annexation prezoning area
comprises 79.94 +/- acres of land contiguous to the boundary of
the City of Bakersfield, as shown on the attached map marked
Exhibit "A"; and
WHEREAS, by Resolution No. 55-91 on June 20, 1991, the
Planning Commission recommended approval and adoption of an
ordinance amending Title 17 of the Municipal Code to approve
Zoning Upon Annexation No. 5169 to R-1 (One Family Dwelling) and
C-] (Limited Commercial) zones, with conditions of approval and
m!t~aL~on as listed below:
Conaitions
1. Prior to further subdivision or development, the developer
shall either pay to the City fees or enter into an agreement
with the City and post approved security to guarantee his
proportionate share of future signals in the project area
impacted from the po~enuiai increase in trip generation
between the proposed land use and the existing land use.
The signals and the developers proportionate share are as
iollows:
Jewe%ta Ave. at Reina Rd. $ 37,200 (31% of $120,000)
jewetta Ave. at Noriega Rd. $ 30,000 (25% of $120,000)
Allen Rd. at Kratzmeyer Rd. $ 30,000 * (25% of $120,000)
3ewetta Ave. at Kratzmeyer S 9,600 ( 8% of $120,000)
gewelta Ave. at Hageman Rd. $ 7,200 ( 6% of $120,000)
2 o
TOTAL = $114,000 *
Maximum amounts. Actual amounts to be determined by the
City Engineer after review of traffic report addend~un.
Said agreement shall require that payment be made to the
City upon demand at the time funds are required for signal
construction.
Offers of dedication will be required to allow for the
construction of the entire portion of Jewetta Avenue within
the project area arterial standards and the entire portions
of Old Farm Road and Reina Road within the project area to
collector standards. Such offers shall include sufficient
widths for expanded intersections and additional areas for
landscaping as directed by the City Engineer. The right-of-
way width of a standard arterial is 110 feet with 10 feet of
landscaping behind the combination sidewalk. 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 subdivision/development within the project
area, the subdivider shall constz-uct the full half width of
the west side of Jewetta Avenue between the south boundary
of the project and Reina Road plus one-half of a landscaped
and irrigated median island and two paved travel lanes on
the east side of Jewetta Avenue, the south half of Reina
Road between the west boundary of the project and 3ewetta
Avenue, and the east half of Old Farm Road from the south
boundary of the project to Reina Road. Appropriate pavement
transitions shall also be required.
A reirmbursemen~ agreemenL will be allowed for Lhe
construction of the %wo travel lanes on the east side of
Jewetta Avenue outside the project boundary.
This area may be served by the City of Bakersfield sewer
system in accordance with and subject to the conditions of
Agreement 89-197 between the City of Bakersfield and the
County of Kern. The nearest existing sewer service is a 30"
trunk pipeline in Jewetta Avenue south of Palm Avenue.
However, through assessment district proceedings, a
continuation of this sewer trunk pipeline along Jewetta
Avenue to Reina Road is under development. The project area
will be required to connect to this trunkline and pay
appropriate fees when developed.
The applicant shall submit a comprehensive drainage study.
The siting of a drainage basin for the project area shall be
at the southwest corner of the project and adjacent to the
project boundary so that future expansion of this basin
beyond the boundary of the project area will be possible.
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.
The drainage study shall be submitted to and approved by the
City Engineer and the reauired drainage basin site and
necessary easements deeded to the City prior to recording of
any subdivision map or submittal of any development plan
within the project area.
Mitiqation
2 o
In order to mitigate the impacts of any natural to urban
land conversion on the kit fox (a Federally-listed
Endangered Species), the applicant must follow the Advisory
Notice detailing the Interim Mitigation Measures established
for the Metropolitan Bakersfield Habitat Conservation Plan
(MBHCP). These measures are necessary to prevent
unauthorized take of foxes and to offset any loses to kit
fox habitat resulting from on-going construction activities.
No more than 231 (or 220 + 5%) single family residential
units shall be allowed on final subdivision maps for the
73.79 acre residential site.
WHEREAS, this Council has fully considered the
findings made by the Planning Commission as set forth in than
Resolution; and
Wq{EREAS, a Negative Declaration with mitigation was
advertised and posted on May 3, 1991, in accordance with CEQA;
and
WHEREAS, the City Council has considered and hereby
makes the following findings:
1. All required public notices have been given.
2. The ~rovisions oi CEQA have been followed.
3. Proposed Zoning Upon Annexation designations will
not have a significant adverse effect on the environment.
The applicant shall submit a comprehensive drainage study.
The siting of a drainage basin for the project area shall be
at the southwest corner of the project and adjacent to the
project boundary so that future expansion of this basin
beyond the boundary of the project area will be possible.
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.
The drainage study 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 submittal of any development plan
within the project area.
Mitiqation
1. In order to mitigate the impacts of any natural to urban
land conversion on the kit fox (a Federally-listed
Endangered Species), the applicant must follow the Advisory
Notice detailing the Interim Mitigation Measures established
for the Metropolitan Bakersfield Habitat Conservation Plan
(MBHCP). These measures are necessary to prevent
unauthorized take of foxes and to offset any loses to kit
fox habitat resulting from on-going construction activities.
2. No more than 231 (or 220 + 5%) single family residential
units shall be allowed on final subdivision maps for the
73.79 acre residential site.
WHEREAS, %his Council has fully considered the
findings made by the Planning Commission as set forzb in ~naL
Resolution; and
WHEREAS, a Negative
advertised and posted on May
and
WHEREAS,
makes the following findings:
not have a
Declaration with mitigation was
3, 1991_, in accordance with CEQA;
the City Council has considered and hereby
1. Ail required public notices have been given.
2. The provisions of CEQA have been followed.
3. Proposed Zoning Upon Annexation designations will
significant adverse effect on the environment.
4. Public necessity, convenience, general welfare and
good planning prac%ice justify the proposed Zoning Upon
Annexation to R-1 (One Family Dwelling) and C-1 (Limited
Commercial) zones.
5. Proposed Zoning Upon Annexasion designations are
consistent with the Metropolitan Bakersfield 2010 General Plan
regarding location and design of residential designations.
6. The proposed prezoning is consistent with existing
land use in the area.
7. The proposed Zoning Upon Annexation would be
compatible with future and existing development on the
surrounding properties.
8. Public participation and notification requirements
pursuant to Sections 65090 and 65353 of the Government Code of
~ne State of California were duly followed.
9. No substantial detrimental environmental impact
could result from this zoning action, as mitigated; and
WHEP~EAS, the City Council has determined after due
consideration of the motion and recommendation of the Planning
Commission, herein on file, together with the reasons advanced at
the Planning Commission hearing, that said zoning should be
authorized upon annexation of said property to the City.
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
De Lrue and correcL.
2. The Negative Declarauion with mitigation ~or uhis
zoning action is hereby approved and adopted.
3. That Title Seventeen of the Bakersfield Municipal
Code of the City of Bakersfield and City Zoning Map No. 101-13 is
hereby amen~eQ Dy prezonlng sago proDertv and exuenuing abe
boundaries of said map to include that c~rtain property in the
County of Kern located at the southwes% corner of Reina Road and
Jewetta Avenue contiguous to the boundary of the City of
Bakersfield known as the REINA NO. 1 ANNEXATION, upon the
annexation of said properSy to the City of Bakersfield, the
zoning designa%ions and boundaries of which property are shown on
the map, hereto attached and made a part of this ordinance, and
are more specifically described as follows:
FROM cOUNTY A (AGRICULTURE) TO CITY R-1 (ONE
FAMILY DWELLING) ZONE:
Lots 1, 2, 3 and 4 in Section 13, Township 29 south,
Range 26 east, M.D.B.&M., Kern County, California,
according to "Sales Map of Lands of Kern County Land
Company" filed November 25, 1891 in the Office of the
Kern County Recorder.
Excepting therefrom the north 678 feet of the
east 395 feet of above-described Lot.1.
Containing 73.79 +/- acres.
FROM cOUNTY A (AGRICULTURE1 TO CITY C-1
/LIMITED COMMERCIAL) ZONE:
The north 678 feet of the east 395 feet of
Lot 1 in Section 13, Township 29 south, Range
26 east, M.D.B.&M., Kern County, California,
according to the "Sales Map of Lands of Kern
County Land Company" filed November 24, 1891
in the Office of the County Recorder.
Containing 6.15 +/- acres;
SECTION 2.
This ordinance shall be posted in accordance with the
Bakersfield Municipal Code provisions and shall become effective
upon the annexation of the above-described territory to the City
of Bakersfield, but not less than thirty (30) days ~rom 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 ~ 2 8 1991 , by the
following vote:
AYES: COUNCILMEUBERS: [DWARf)S, DC, IOND, SMITH. 8RUNNI PETERSON, McO£RMOTT, SALVAGGIO
NOES: COUNCILMEMBERS
A~SENT COUNCILMEMBERS: ~/1~'~'~
A~TAIN COUNCItMEMBERS
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED AUB 2 8 1991
CLARENCE E. MEDDERS
MAYOR o f
the City of Bakersfield
APPROVED as %0 form:
LAWRENCE M. LUNARDINI
CITY ATTORNEY oI the City o:E Bakersfield
pjt
a:CCO.£3
6
ZONING UPON ANNEXATION 5169
REINA ~ 1
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SS.
County of Kern )
PAMELA A. McCARTHY, 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 27th day of February , 2003 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4111 , passed by the
Bakersfield City Council at a meeting held on the 26th day of February 2003 and
entitled:
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND ZONING
MAP NO. 101-13 BY CHANGING THE ZONING FROM C-1
(GENERAL COMMERCIAL) TO R-1 (ONE FAMILY
DWELLING) ON 5.88 ACRES AND DELETIONOF
CONFITION OF APPROVAL NUMBER 3 AND
MITIGATION MEASURE NUMBER 2 OF PREVIOUSLY
APPROVED ZONING UPON ANNEXATION NUMBER
5169 GENERALLY LOCATED ALONG THE SOUTHWEST
CORNER OF JEWETTA AVENUE AND REINA ROAD
(FILE #02-0976)
/s/PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
DEPUT'~I~Ierk