HomeMy WebLinkAboutORD NO 4117ORDINANCE NO. 4 ]. ~. ?
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 101-
12 BY CHANGING THE ZONING FROM A (AGRICULTURE) TO AN
R-1 (ONE FAMILY DWELLING) ZONE ON 80 ACRES LOCATED
ALONG THE EAST SIDE OF ALLEN ROAD, BETWEEN SNOW
ROAD AND OLIVE DRIVE. (GPA 02-0959) (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
petition to change the land use zoning of those certain properties being annexed to the City of
Bakersfield located along the west side of Allen Road, between Snow Road and Olive Drive.
WHEREAS, by Resolution No. 14-03 on January 16, 2003, the Planning Commission
recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to
approve an R-1 (One Family Dwelling) zone as delineated on attached map marked Exhibit "B", 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 A (Agriculture) to R-1 (One Family Dwelling) 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, Planning Commission and this Council; and
WHEREAS, a Negative Declaration for the proposal was advertised and posted in
accordance with CEQA; and
WHEREAS, the general plan designation for this area allows single family residential
development; and
WHEREAS, the City Council has considered and hereby makes the following findings:
1. The above recitals and findings are true and correct and constitute the findings of the
Planning Commission in this matter.
Ali required notices have been given.
The provisions of the California Environmental Quality Act (CEQA) 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 Negative
DecLaration was prepared and sent to responsible agencies and property owners
within 300 feet of the project site. A Negative Declaration was prepared for this
project in accordance with CEQA.
9.
10.
11.
12.
13.
That infrastructure exists or can easily be provided to accommodate the types and
intensities of the proposed development.
The public necessity, general welfare and good zoning practice justify the
recommended change of zone to E (Estate) zone on 20 acres located at the
southwest corner of Brimhall Road and Jenkins Road,
The project site, with prior approval of General Plan Amendment No. 02-0959, is
designated LR (Low Density Residential) on the Metropolitan Bakersfield General
Plan Land Use Plan.
The recommended zone change will reflect the previously adopted General Plan
Amendment No. 02-0959.
The recommended zone change is compatible with the surrounding uses.
The recommended zone change is consistent with the Metropolitan Bakersfield 2010
General Plan, subject to prior approval of General Plan Amendment No. 02-0959.
That Zone Change No. 02-0959 is hereby approved as recommended by staff with
mitigation measures adopted in the Negative Declaration.
That Section 17.06.020 (Zoning Map) of the Municipal Code of the City of
Bakersfield be amended by changing the land use zoning E (Estate) zone on 20
acres on Map No. 101-35, of that certain property in the City of Bakersfield as
described in Exhibit "C" herein attached.
That Zone Change No. 02-0609, as outlined above, is hereby recommended for
approval with mitigation and conditions of approval shown on Exhibit "A", subject to
prior approval of General Plan Amendment No. 02-0609.
SECTION 1.
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.
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 the 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".
That water, sewer and electrical utilities have been constructed along Brimhall Road,
along the northern frontage of the project site.
That a substantial change has occurred in circumstances that necessitate a
departure from the zoning that was in affect at the time of annexation of the project
site.
2
Such zone change is hereby made subject to the conditions of approval listed in
attached Exhibit "A", and subject to prior approval of Genera~ P~an Amendment No.
02-0959.
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.
......... 00o ........
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 MAR 1 2 Z003, by the following vote:
AYES: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER ~ ,
PAMELA A. McCARTHY, CIV~
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
BART THILTGEN~
City Attorney
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EXHIBIT A
CONDITIONS OF APPROVAL
EXHIBIT A
Conditions of Approval
General Plan Amendment/Zone Change No. 02-0959
Cultural Resources:
If human remains are discovered at any time on the project site, work shall halt and the Kern
County Coroner shall be notified immediately (Section 7050.5 of the Health and Safety Code).
In the absence of an archaeological monitor, a qualified archaeologist and the local Native
American community, shall be notified. If any other archaeological artifacts are discovered
during site development, ali work shall stop until the find has been evaluated by a qualified
archaeologist or historian. (Mitigation Measure).
Public Works:
2. Along with submittal of any development plan or subdivision, the following shall occur:
1.1 Provide fully executed dedication for Snow Road, Alien Road and Olive Drive to arterial
and collector standards for the full frontages of the area within the GPA request.
Dedications shall include sufficient widths for expanded intersections and additional
areas for landscaping as directed by the City Engineer. Submit a current title report with
the dedication documents.
1.2 Submit a comprehensive drainage study to be submitted to and approved by the City
Engineer. The study shall be approved and any required retention site and necessary
easements dedicated to the City.
(Public Works Condition).
3. The GPA/ZC area is within the service area of the North of River Sanitary District No. 1. Sewer
service in this area must conform to the NORSD's adopted Sewer Study, and construction of
sewer lines shall be per NORSD's requirements. All trench backfill and paving within the public
right-of-way shall be as per the City of Bakersfield's adopted standards. (Public Works
Condition).
4. Payment of median fees for the frontage of the property within the GPA request will be required.
These fees may be paid prior to recordation of any map or approval of improvement plans.
(Public Works Condition).
5. Access to the arterial and collector streets will be limited and determined at time of division or
development. Determination of whether a right turn lane is required at the access street(s) will
also be made at the time of division or development. (Public Works Condition).
6. 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 of the entire area in the
Consolidated 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.
(Public Works Condition).
Exhibit A
Conditions of Approval
GPA/ZC 02-0959
7. The applicantYdevelopedsubdivider shall be responsible for ½ the cost of culver'dbridge
widening. (Public Works Condition).
8. Construction of Snow Road shall be done under permit from the County. (Public Works
Condition).
9. Development on the site shall be subject to the Traffic Impact Fee schedule in effect at the time
of issuance of building permits. (Public Works Condition).
10. Pay proportionate shares of the following local mitigation not currently provided for in the TIF
program. We have pro-rated the percentages from the study to account for the reduction in
scope for the GPA using strictly the 589 single family dwelling units. Prior to development
project engineer shall provide cost estimates for determining said mitigation. In the absence of
said estimate approximate costs are provided herein.
10.1 Allen Road at Snow Road - Install Traffic signal. 5.09% project share. Project share =
5.09% x $130,000 -- $6,617.
10.2 Kratz. meyer Road at Santa Fe Way - Install signal, add left turn lanes all directions.
4.53% project share. Project share = 4.53% x ($130,000 + 4 x $50,000) = $14,949.
10.3 Allen Road at Kratzmeyer Road - Add turn lanes all directions. 12.83% project share.
Project share = 12.83% x (4 x %50,000) = $25.660.
10.4 Reina Road at Jewetta Avenue - Add left turn lanes west bound and east bound.
11.90% project share. Project share = 11.90% x (2 x $50,000) = $11,900.
10.5 Allen Road at Hageman Road - Add south bound left turn. 8.08% project share. Project
share = 8.08% x $75,000 = $6,060.
10.6 Hageman Road at Jewetta Avenue - Add north bound left turn. 4.78% project share.
Project share = 4.78% x $75,000 = $3,585.
10.7 Allen Road at Meacham Road - Add north bound and south bound left turns. 4.78%
project share. Project share = 4.78% x (2 x $50,000) = $4,780.
10.8 OliveDriveatVerdugoLane-lnstalltrafficsignal. 4.78%projectshare. Projectshare=
4.78% x $130,000 = $6,214.
Total local mitigation is $479,765 equating to $135.42 per dwelling unit in addition to the standard RTIF
fixed fee.
(Public Works Condition).
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EXHIBIT B
LOCATION MAP
ZONE CHANGE 02-0959
11
A
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SNOW
KRATZMEYER ROAD
A
ROAD ii I
R" I
R-l-CH !
OLIVE i
E
Rol
T29S, R26E T29S, P,27E
EXHIBIT C
LEGAL DESCRIPTION
Legal Description
Parcels A, B, and F of LLA #122-99 County of Kern
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
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. 4117 , 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. 101-12 BY CHANGING THE ZONING FROM A
(AGRICULTURE) TO AN R-1 (ONE FAMILY DWELLING)
ZONE ON 80 ACRES LOCATED ALONG THE EAST SIDE
OF ALLEN ROAD BETWEEN SNOW ROAD AND OLIVE
DRIVE.
Is/PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
~ DEPU-Ifl( '~y~lerk