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HomeMy WebLinkAboutORD NO 4114ORDINANCE NO. 4 11 ~ AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 103-21 BY CHANGING THE ZONING FROM C-2 (REGIONAL COMMERCIAL) TO R- 3 (LIMITED MULTIPLE-FAMILY DWELLING)/PUD (PLANNED UNIT DEVELOPMENT) OVERLAY ON 1.78 ACRES GENERALLY LOCATED ALONG THE NORTH SiDE OF HEIGHT STREET APPROXIMATELY 258 FEET WEST OF THE CENTERLINE OF MT. VERNON AVENUE AND APPROXIMATELY 80 FEET NORTH OF STATE ROUTE-178 (FILE # 02-0853) 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 along the north side of Height Street approximately 258 feet west of the centedine of Mt. Vernon avenue and approximately 80 feet north of State Route-178; and WHEREAS, by Resolution No. 29-03 on January 16, 2002, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve R-3/PUD overlay zoning as delineated on attached Zoning Map No. 103-21 marked Exhibit "2", by this Council and this Council has fully considered the recommendations 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 to R-3/PUD and the Council has considered said findings and all appear to be true and correct; and WHEREAS, the law and regulations retating 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 4, 2002, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows commercial, cultural and residential development; and WHEREAS, the City Councit has considered and hereby makes the following findings: 1. All required public notices have been given. 2. The provisions of the California Environmental Quality Act have been followed. Based on the initial study and comments received, staff has determined that the proposed project could not have a significant effect on the environment. A Mitigated Negative Declaration was prepared for the project in accordance with CEQA. Mitigation Measures/Conditions of Approval shown on Exhibit "1" are included in the project to ameliorate impacts. 5. The proposed project is consistent with the surrounding land uses. 7. 8. 9. 10. 11. 12. 13. The proposed project is consistent with the Metropolitan Bakersfield General Plan. The subject site's only vehicular access is to Height Street. The site is adjacent to College Height's Elementary School. The density allowed by the requested HR land use designation and the R-3 zoning may create traffic circulation problems. The subject site's proximity to College Height's Elementary School will require screening between such school and the subject site. The public necessity, general welfare and good planning practices justify the requested zone change and the Planning Commission's recommendation to add the PUD as an overlay zone thus creating an R-3/PUD zone. The Noise study required for this project showed that development would be impacted from noise generated by traffic from State Route-178; however, "Mitigation has been identified .., that will allow residential uses to be placed within the 65-dBA CNEL contour" (See Exhibit "C', Negative Declaration Initial Study - Noise Study. 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 Mitigated Negative Declaration for this project. SECTION 1. NOW, follows: 1. 2. 3. 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. 103-21 marked Exhibit "2" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "3". Such zone change is hereby made subject to the mitigation measures/conditions of approval listed in attached Exhibit "1, subject to approval of GPA 02-0853. 2 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 ......... the I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by Council of the City of Bakersfield at a regular meeting thereof held on ~AR 1 2 ~003 by the following vote: AYES: COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO NOES: COUNClLMEMBER ¢ ABSTAIN: COUNClLMEMBER ~¢;:~ ABSENT: COUNCILMEMBER ~ PAMELAA. McCARTHY, OMC // ; CITY CLERK and Ex Officio CleriCal the Council of the City of Bakersfield APPROVED MAR 12 2003 Mayor of the City of Bakersfield APPROVED as to form BART J. THILTGEN City Attorney S:\Dole\02-0853\CC OZC.DOC 3 EXHIBIT "1" MITIGATION MEASURES/CONDITIONS GENERAL PLAN AMENDMENT/ZONE CHANGE 02-0853 Plannin¢l Noise Mitigation for noise levels affecting the proposed project site may be provided by the construction of an acoustical barrier (i.e. sound wall with a height of eight feet, 414 feet in length constructed along the property line fronting Height Street) to reduce interior noise levels of future buildings to 45-dBA CNEL. Future buildings shall be constructed no closer than 50 feet from the center line of Height Street. (ACOUSTICAL ANALYSIS FOR THE PROPOSED RESIDENTIAL DEVELOPMENT ON THE NORTHWEST CORNER ON HEIGHT STREET AND MOUNT VERNON AVENUE, 2002:11). Cultural If cultural resources are unearthed during ground disturbance activities, all work shall halt in the area of the find. A qualified professional archaeologist shall be called in to evaluate the findings and make the appropriate mitigation recommendations. Public Works There are two existing sewer lines on the property; easements must be granted to the City for both. No buildings are allowed over the sewer lines. There are two parcels in this zone change. The parcels shall either be merged into one parcel, or provide an easement to the landlocked parcel. Height Street shall either: Remain a one-way westbound road to Sunny Lane with the easternmost drive access moved a minimum of 100 feet west, or eliminated. Access will be for right turn in and right turn out traffic movements only. Or; Be converted to a two-way street to the westernmost drive access, adjacent to the school. The eastbound to northbound left turn in to the site and the southbound to westbound right turn out at the 10. westernmost driveway shall be channelized to deter wrong-way movements toward the westbound one-way segment of Height Street. The traffic signal at the intersection of Sunny Lane and Height Street shall be upgraded and modified to allow two-way operation on Height Street. The easternmost driveway, located on the westbound one-way segment, shall be for emergency access only with appropriate gates closed to normal traffic and located a minimum of 100 feet west of the proposed location, or eliminated if not needed for emergency vehicles. Provide curb, gutter and sidewalk on the north side of Height Street from the existing sidewalk west of the parcel to the existing curb return on Mt. Vernon Avenue. The development is required to pay into the adopted Regional Traffic Impact Fee program. There will be an overall decrease in trip generation from the previously approved entitlements and therefore no additional traffic study is needed. The fee program improvements mitigate impacts of the existing densities and therefore will do so with the proposed reduced densities. Conditions of Site Plan Review shall apply. Install City standard street lights as directed by City Engineer. Submit a comprehensive drainage study to be submitted to and approved by the City Engineer. Site any drainage retention facility on the periphery of the GPA area to facilitate future expansion or consolidation of drainage facilities as adjacent area develops. The study shall be approved and any required retention site and necessary easements dedicated to the City. Submit verification to the City Engineer of the existing sewer system capability to accept the additional flows to be generated through development under the new land use and zoning. 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:\Mitigation EXHIBIT 1.doc EXHIBIT "ONE" ~, That pcrtmn of Orange Vtila ~ ~ct. ac per map reoorded in Book 2 of Maps, P~ge 42, Kern C~ur. tv Records, described as follows: B~ginn~ng at tPe no~hwest corner o~ the t~nd described in 1h% deed to State ot California, reco~defi Decameter 4, 1963 ~<, Book 3568 at Page 312, kern County Officlat Race,ds, q ~l~:e {1 ), along sa~d west lins. 9outh 0° 16'47" west, 139.20 feet to the no,hotly boundary of t~ ~and de~rlb~d a~ P~rce~ 2 in the reti~uishment to ~e C~ty of ~corOad June 3, ! ~ 71, ~p ~ook 4532 a~ Pages 689 snd 690, Kern County q hence: along said ~rtherly boundary, the fol~wmg courses: ~2), No~h 69029'08" east, 147,19 fee~; (3) n.~rth 66 ~11,10"ea~, 52.20 feet; (4), north 69 ~29'08''ea5~, 17b.O0 feet a~ (5) north 66°37'Z3" east, 47 05 feet to the norlh line of the land descried i~ said dae~;Tho~e (~), along said r,0rth line, no~n ~9e24'01' west, 396.q2 fee[ ~o the point Togethe~ w~h that po~on of Height Street as vacated by the Council ol the Cily of Bakersfield in Resolution No 118-83, recorded September 30, 1983 in BoO~ 5593. Page 1904 of Official Records, being s portion of Section 21, Township 29 South, Range 28 e~sl. M.OB.M., ir~ the CIt~ 51 Bekersfie~rJ, County o( Kern, State of Cafifom~a, being mo~e map of Relinqoishmem ReqoeS~ t~o 756~9 reco¢ded Oc[ober 7, 1969 in State ;)C© ! 7'/~9' Was~ along the Eas~ line of sa~d Section 21 and the centeriine of Mt. Vernon Avenue a d btinc~ ol ~2'2 2 ] feet t0 ~n~e,s~ct the centerline of Height S~reet; 1hence Sooth ~9c29 08' West along 1he last ~amed Centerline a disrobe of 4~8 07 feet; thence North 20~30 52" West a distance cf 40 feet te ~ point on 1he Northerly right of way h~e ~e~ght S-~eet at~d the point of beginning f~r th~9 description; thence '.1) S~uth 66"42'55" feet; ?to,ce (3) North 69~29'08' Eu~ a distance of 147 !9 feet; thence (4~ North ,Xss~,sso s Per;e; No: 126 1go-~3 00'4 C-2 CITY OF BAKERSFIELD ZONING MAP lO3-21 SEC 21 T 29S R 28E LEGEND Z I'rl I1'1 0 That port,on of Orange Villa Tract, in the County of Kern, State of California, as per map recorded February 15, 1912 in @ook 2, Page 42 of Maps, in the office of the County Recorder of said county, described as follows: Beginmng et the northeast corner ct Section 21, Township 29 South, Range 28 East, Mount Diablo Meridian, thence south 0°00'12" east, along the east line of said Section, a distance of 674.08 feet, more or less, to a point 12.40 feet south of the northeast corner of said Orange Villa Tract as described above thence north 89°41'52" west, a distance of 503.00 feet to the true point of beginning, thence from said true point of-beginning south OOO0'12" east a distance of 300.00 feet, thence north 89°41 '52" west a.distance of 155.22 feet, more or less to a point on the west line of Orange Villa Tract as described above, thence north along said west line 300 feet, more or less, to a point that lies north 89o41 '52" west 155.22 feet from the true point of beginning, thence south 89°41 '52" east 155.22 feet from the true point of beginning, thence south 89°41 '52" east 155.22 feet to the true point of beginning. Together with an easement over that portion of the west 30 feet of Orange Villa Tract, in the County of Kern, State of California, as per map recorded in Book 2, Page 42 of Maps, in the office of the County Recorder of said county, lying southerly of the south line of the r~ortherly 312.40 feet of said tract, and northerly of the following described line: Beginning at a point on the west line of said Tract, 475.34 feet south of the northwest corner thereof; thence north 62°30'25" east, 82.29 feet; as reserved in the deed from Pat Paola Development Company, to the State of California, recorded December 4, 1963 in Boot: 3668, Page 312 of Official Records Assessor's Parcel No: 126-100 12-00-1 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 13th day of March , 2003 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4114 , passed by the Bakersfield City Council at a meeting held on the 12th day of March 2003 and entitled: AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 103-21 BY CHANGING THE ZONING FROM C-2 (REGIONAL COMMERCIAL) TO R-3 (LIMITED MULTIPLE FAMILY DWELLING)/PUD (PLANNED UNIT DEVELOPMENT) OVERLAY ON 1.78 ACRES GENERALLY LOCATED ALONG THE NORTH SIDE OF HEIGHT STREET APPROXIMATELY 258 FEET WEST OF THE CENTERLINE OF MT. VERNON AVENUE AND APPROXIMATELY 80 FEET NORTH OF STATE ROUTE 178 (02-0853). /s/PAMELA A. McCARTHY City Clerk of the City of Bakersfield DEPUTY City-Clerk