HomeMy WebLinkAboutORD NO 4126 4126
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 101-
35 BY CHANGING THE ZONING FROM A (AGRICULTURE) TO
AN R-I (ONE FAMILY DWELLING) ZONE ON 80 ACRES
LOCATED AT THE NORTHWEST CORNER OF ALLEN ROAD
AND REINA ROAD. (GPA 02-1248) (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 northwest corner of Allen Road and Reina Road.
WHEREAS, by Resolution No. 71-03 on April 3, 2003, the Planning Commission
recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to
approve 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 headng, 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 A (Agriculture) to E (Estate) 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 on August
12, 2002, 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:
The above recitals and findings are true and correct and constitute the findings of the
Planning Commission in this matter.
2. All 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.
The public necessity, general welfare and good zoning practice justify the
recommended change of zone to R-I (One Family Dwelling) zone on 89.31 acres
located at the northwest corner of Allen Road and Reina Road.
The project site, with prior approval of General Plan Amendment No. 02-1248, 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. 02-1248.
8. The recommended zone change is compatible with the surrounding uses.
The recommended zone change is consistent with the Metropolitan Bakersfield
General Plan, subject to prior approval of General Plan Amendment No. 02-1248.
10.
That the applicant by pdor agreement agreed to comply with all adopted mitigation
measures contained within the Negative Declaration for this project.
11.
That Zone Change No. 02-1248 is hereby approved as recommended by staff with
mitigation measures adopted in the Negative Declaration.
12.
That Section 17.06.020 (Zoning Map) of the Municipal Code of the City of
Bakersfield be amended by changing the land use zoning R-l(One Family Dwelling)
zone on 89.31 acres on Map No. 101-13, of that certain property in the City of
Bakersfield as described in Exhibit "C" herein attached.
13.
That Zone Change No. 02-1248, 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. 02-1248.
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.
2. 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 being annexed to 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 Bdmhail 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.
Such zone change is hereby made subject to the conditions of approval listed in
attached Exhibit "A", and subject to prior approval of General Plan Amendment No.
02-1248.
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.
......... o00 ........
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 2 8 2003, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER COUCH, CARSON, BENHAM. MAGGARD, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER I~
COUNClLMEMBER
COUNCILMEMBER
PAMELA A. McCARTHY, CMCi//
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED MAY 28 2003
HARVEY L. HALL
MAYOR of the City of Bakersfield/_
APPROVED as to form:
BART THILTGE~
City Attorney /
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EXHIBIT A
Conditions of Approval
General Plan Amendment/Zone Change No. 02-1248
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
Amedcan community, shall be notified. If any other archaeological artifacts are discovered
during site development, all work shall stop until the find has been evaluated by a qualified
archaeologist or historian. (Mitigation Measure).
Vauqhn Water Company:
Based on information now available, Vaughn Water Company is capable of supplying domestic
water for fire protection, in accordance with the requirements set forth by the Kern County and /
or City of Bakersfield Fire Departments. The potable water quality supplied to our water users
meets the State and County standards. (Condition).
The applicant/developer shall enter into a Tract Agreement with the Vaughn Water Company to
provide for, among other things, payment for all costs connected with supplying the tract with
water. The applicant/developer shall advise the Vaughn Water Company in ample time before
the applicant/developer wishes to proceed, so Vaughn Water Company can provide the
applicant/developer with the form of Tract Agreement for execution. Pursuant to the Tract
Agreement, the applicant's/developer's contractor, which is approved by the Company, would
install the system under conditions specified in the Tract Agreement. In order to receive water
service from Vaughn Water Company, under no conditions may construction begin until the
Tract Agreement is fully executed and applicantJdeveloper have met the conditions specified in
the Agreement. (Condition).
As specified in the Tract Agreement, a licensed civil engineer, which is acceptable to Vaughn
Water Company would, on behalf of the applicant/developer, prepare the water plans and
specifications. After those plans and specifications have been approved by the Company's
engineer and general manager, those plans will be subject to further review and modification if
construction is not commenced pursuant to the Tract Agreement with six months of approval of
plans and specifications. (Condition).
5. Technical Considerations:
a)
b)
The tract shall be connected at two locations to a 12" Line on Allen Road.
Complete Tract piping will be analyzed when the design is complete.
(Condition).
The "Will Serve" letter submitted for the application shall terminate in two years from the date the
City/County accepts the tentative tract map. (Condition).
Conditions of Approval
GPA/ZC 02-1248
Page 2
Public Works Deoartment:
Along with submittal of any development plan, tentative subdivision map, or application for a lot
line adjustment, the following shall occur.
Provide fully executed dedication for Nodega Road and Allen Road to 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.
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 systems' capability to
accept the additional flows to be generated through development under the new land
use and zoning.
Payment of median fees for the frontage of the property within the GPA request. These
fees may be paid prior to recordation of any map or approval of improvement plans.
(Condition).
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. A full access opening will only be
considered if the developer funds and installs a traffic signal at the site entrance. Said signal will
only be permitted if a signal synchronization study is submitted and approved, which shows
progression is not adversely affected. (Condition).
Development on the site shall be subject to the Traffic Impact Fee schedule in effect at the time
of issuance of building permits. (Condition).
10.
The entire area covered by this GPA request shall be included in the Consolidated Maintenance
District. The applicant shall pay all fees for inclusion 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. (Condition).
11.
The applicant submitted an adequate traffic study for the project. The study shows that minimal
added local mitigation is needed due to addition of the project traffic in 2020. Development
under current land use is mitigated by the improvements in the Regional Transportation Impact
Fee (RTIF) program. Based upon the study findings, the following shall be required:
Conditions of Approval
GPA/ZC 02-1248
Page 3
Pay the estimated single family fee rate in the RTIF program in place at time of
development.
in addition to the RTIF, pay proportionate shares of the following local mitigation needed
in 2020 and not currently provided for in the TIF program.
a. 7th Standard Road at Santa Fe Way - Install traffic signal
Project share = 2.34% x $120,000 = $2,808
b. 7th Standard Road at Allen Road - Install traffic signal
Project share = 4.72% x $120,000 = $5,664
c. Allen Road at Snow Road - Install traffic signal
Project share = 4.58% x $120,000 = $5,496
d. Kratzmeyer Road at Santa Fe Way - install traffic signal
Project share = 1.53% x $120,000 = $1,836
Total Local mitigation = $15,804 ($42.71/DU).
(Condition).
Planning Commission Conditions:
12. Only gas-burning fireplaces may be installed within the project area. No building plans will be
issued showing a wood fireplace within the project area. (Condition).
13. A maximum of 390 dwelling units. (Condition).
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EXHIBIT B
Location Map
?
m
CITY OF BAKERSFIELD
ZONING MAP 101-14
SEC 1,4 T 29S. R 26 E.
LEGEND
COUNTY
EXHIBIT C
Legal Description
THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 14,
TOWNSHIP 29 SOUTH, RANGE 26 EAST, MD.M. IN THE
UNINCORPORATED AREA OF THE COUNTY OF KERN, STATE OF
CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION 14;
1)
2)
3)
4)
5)
6)
7)
THENCE NORTH 00043'03, EAST, ALONG THE EAST LINE OF SAID
SECTION 14, SAID LINE ALSO BEING THE CENTERLINE OF ALLEN
ROAD, A DISTANCE OF 2010,25 FEET;
THENCE NORTH 89°15'53" WEST, A DISTANCE OF 1675.39 FEET;
THENCE SOUTH 45052' 29 WEST, A DISTANCE OF 925.44 FEET;
THENCE SOUTH 44°07'31" EAST, A DISTANCE OF 64.00 FEET;
THENCE SOUTH 45052'29'' WEST, A DISTANCE OF 243.26 FEET TO A
POINT ON THE CENTERLINE OF THE FUTURE ALIGNMENT OF
NORIEGA ROAD;
THENCE SOUTH 44°07'31'` EAST, A DISTANCE OF 778.07 FEET TO
THE BEGINNING OF A 2000.00 FOOT RADIUS TANGENT CURVE,
CONCAVE SOUTHWESTERLY;
THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF45°10'06" AN ARC DISTANCE OF 1576.67 FEET;
THENCE SOUTH 89°17'37'' EAST, A DISTANCE OF 491.78 FEET TO
THE POINT OF BEGINNING.
CONTAINS 89.31 ACRES MORE OR LESS
OF CA ~*
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 29th day of May , 2003 she posted on the Bulletin Board at City Hall,
a full, true and correct copy of the following: Ordinance No. 4126
28th day of
Bakersfield City Council at a meeting held on the
entitled:
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND ZONING
MAP NO. 101-35 BY CHANGING THE ZONING FROM A
(AGRICULTURE) TO AN R-1 (ONE FAMILY DWELLING)
ZONE ON 80 ACRES LOCATED AT THE NORTHWEST
CORNER OF ALLEN ROAD AND REINA ROAD (02-1248)
, passed by the
May 2003 and
/si PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
-~ "DE PUTY~i't~k