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HomeMy WebLinkAboutORD NO 3923AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 103- 35 BY CHANGING THE ZONING OF 24.66 ACRES FROM AN MH (MOBILE HOME) ZONE AND 25.05 ACRES FROM AN R-1 (ONE FAMILY DWELLING) ZONE TO A PUD (PLANNED UNIT DEVELOPMENT) ZONE ON A TOTAL OF 49.71 ACRES GENERALLY LOCATED ON THE SOUTHWEST CORNER OF VIRGINIA AVENUE AND STERLING ROAD. 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 corner of Virginia Avenue and Sterling Road, as shown on attached Exhibit "B"; and WHEREAS, by Resolution No. 120-99 on July 15, 1999, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change #P99-0350 as delineated on attached Zoning Map No. 103-35 marked Exhibit "D", 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 MH (Mobile Home) and R-1 (One Family Dwelling) zones to a PUD (Planned Unit Development) zone and the Council has considered said findings and all appear to be true and correct; and WHEREAS, the proposed PUD (Planned Unit Development) (Exhibit "C,") consists of a private gated development of 250 lots for single family homes, and two, half-acre private parks on 50 acres; and WHEREAS, Vesting Tentative Tract 5948 was approved by the Planning Commission on July 15, 1999 which is consistent with the proposed PUD (Planned Unit Development) plan; 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 June 6, 1999, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows residential development; and WHEREAS, the City Council has considered and hereby makes the following findings: 1. All required notices have been given. The provisions of CEQA have been followed. OR~GtNAt. The intent of the zone change is to reflect the existing and future use of the subject property in relation to the existing residentially zoned property located to the north. The proposed zone change is in substantial conformance with the Metropolitan Bakersfield 2010 General Plan. The proposed planned unit development zone and preliminary development plan is consistent with the General Plan and objectives of this ordinance(BMC 17.52.070). The proposed development will constitute a residential environment of sustained desirability and stability, and it will compliment and harmonize with the character of the surrounding neighborhood and community. (BMC 17.52.070) The proposed development justifies exceptions from the normal application of this code in that it integrates such elements as the location of structures, circulation pattern, parking, open space, utilities and other amenities, together with a program for provision, operation and maintenance of all areas, improvements, facilities and services provided for the common use of persons occupying or utilizing the property. (BMC 17.52.070) 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. 3. Section 1706.020 (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. 103-35 marked Exhibit "D" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "E ". 4. The site plan for the PUD is shown as attached Exhibit "C". 5. Such zone change is hereby made subject to the conditions of approval listed in attached Exhibit "A". 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 SIP ~ 1999 , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, DEMOND, MACGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO COUNCILMEMBER ~Jo ¢,1 ~. COUNCILMEMBER N ~ 1~1 F- COUNCILMEMBER I~ <3 I',J ~. CItY CLERK and Ex Officio Cl~k of the Council of the City of Bakersfie[~ SEP 8 ~gq~ APPROVED I~YoR of the City of Bakersfield APPROVED as to form: BART THILTGEN BY: CARL HERNANDEZ, Assistant City Attorney Exhibits: A. Conditions of Approval. B. Location Map. C. PUD Plan, D. Zone Map 103-35, E. Legal Description. S:~oneChange~zcO350~Ord-CC. wpd July 28, 'lggg 3 EXHIBIT A ZONE CHANGE PUD # P99-0350 CONDITIONS OF APPROVAL PUBLIC WORKS 1 All private street entries are to have turn around capabilities such as shown on Canyon Peak Dr. AIIoway Lane is a county street and shall either be re-designed to align the extension of Dunninger Street with Ross Street to maintain County standard intersection separation or knuckle Dunninger Street to the east so it does not connect to AIIoway Lane. If it is determined the intersection as shown on the tentative map is satisfactory to the County, then AIIoway Lane shall knuckle north at Ross Street. Either provide a standard cul de sac at the north end of Helvey Street, make a public street connection between Helvey Street and Rush Street, or provide evidence of County Road Department approval of the design shown. 4 Provide turnaround capability in Northern Ridge Drive between the gates and Virginia Avenue. Provide to the City Engineer for his review and approval a drainage plan for the subdivision. Every effort shall be made to convey drainage from the site into Brundage Lane Planned Drainage Area facilities. The applicant/subdivider shall either initiate proceedings to vacate Pace Lane (Page Lane shown on the tentative map) and pay all appropriate fees or extend Pace Lane to Canyon Peak Drive. Prior to recordation of a Final Map, if Pace Lane is to be vacated, the subdivider shall remove the existing curb & gutter, sidewalk, and street paving and construct standard curb & gutter and sidewalk along the north line of Magic Avenue. If Pace Lane is not to be vacated, the subdivider shall construct appropriate emergency access facilities at the tract boundary. 7 With subdivision of the land, an approved mechanism for payment of the utility costs and maintenance of the required street lights and landscaping on Sterling Road and Virginia Avenue shall be provided. PLANNING Prior to issuance of a building permit on a lot located within a phase adjacent Virginia Avenue School, the developer shall construct a six-foot high chain link fence along AIIoway Lane from the residential lots to the school property in order to prohibit access from AIIoway Lane and Ross St. to the 30 foot area between the north boundary of the tract and the existing school fence. Fence height shall be measured to the highest adjacent grade. Applicant shall submit redesign of the PUD site plan for final development plan review to be approved by the Planning Commission to be consistent with related Vesting Tentative Tract 5948. Redesign shall address the following: 1) street design of Phase A to shall either align the extension of Dunninger Street with Ross Street to maintain County standard intersection separation or knuckling Dunninger Street to the east so it does not connect to AIIoway Lane. If it is determined the intersection as shown on the tentative map is satisfactory to the County, then AIIoway Lane shall knuckle north at Ross St.; 2) vacation of Pace Lane (shown as Page Lane on S:LZoneChange~cO350~xA-ccwpd Ju~ 28,1999 Exhibit"A" ZC P99-0350 Page 2 map) between Magic Ave. and the tract boundary; 3) turn around at the north end of Helvey Street or provide through street connection; and 4) adequate turn around at the Northern Ridge Dr. gate. In addition, the final development plan shall include a landscape plan, and proposal for a tot lot in one of the private parks. The intent of this condition is for the PUD to match the related Vesting Tentative Tract 5948, as approved by the Planning Commission. 10. Subdivider shall be required to provide waiver of vehicular access and construct a 6 foot high masonry wall (measured from highest adjacent grade) and landscaping along the rear lot lines adjacent Northern Ridge Dr. 11. The homeowners association shall be responsible for maintaining all wall and landscaping along Virginia Avenue, Sterling Road; local streets, such as Northern Ridge Dr, and landscape Lots 5 and 6 of Phase A of associated Tract 5948; or the subdivider may be included into the City's maintenance district, subject to approval by the County Roads Dept. (or other responsible County Dept.) and City Engineer. 12. If during construction activities or ground disturbance, cultural resources are uncovered, the subdivider shall stop work and retain a qualified archeologist for further study. Subdivider shall notify the proper authorities and be subject to any mitigation measures required of the archeologist. (mitigation) 13. For the lots located with the PUD (Planned Unit Development) zone (file #P99-0350), the park land requirement shall be based on of 1.8 acres per 1000 population in accordance with Section 15.80.120 of the Bakersfield Municipal Code; which provides for a 0.7 acre credit of the 2.5 acre standard (2.5 acres - 0.7 = 1.8 acres per 1,000 population) for the private parks. The fee shall be paid at the time of recordation of each phase of a subdivision consistent with the PUD. S.'~ZoneChange~zcO350~ExA-cc. wpd July 28, 1999 EXHIBIT "B" ZONE CHANGE P99-0350 ¥-2 I .-' {"-si b~rATE HIGh'WAY A · -s-,^ I I ^ { c-~ ~ J EXHIBIT C P.U.D. AND VESTING TENTATIVE TRACT 594~ i j R-1 to PUD I I MH to PUD R-S CITY OF BAKERSFIELD ZONING MAP 103-35 SEC. 35 T 29S R 28E LEGEND PROPOSED P.U.D. ZONE (FROM MH) ALL THAT PORTION OF PARCEL MAP NO. 8279 AS FILED MAY 17, 1990 IN BOOK 40 OF PARCEL MAPS AT PAGES 58 AND 59 IN THE OFFICE OF THE KERN COUNTY RECORDER; ALSO BEING A PORTION OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 29 SOUTH, RANGE 28 EAST, M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER, BEING THE INTERSECTION OF VIRGINIA AVENUE AND STERLING ROAD; THENCE S.89°50'30'W. ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER, ALSO BEING THE CENTERMNE OF VIRGINIA AVENUE A DISTANCE OF 965.06 FEET; THENCE DEPARTING SAID NORTH LINE, S.00'27'29'W., 528.96 FEET; THENCE S.31°56'25'W., 57.45 FEET; THENCE B.00'27'29'W., 47.33 FEET; THENCE S.89°51'10'W., 139.78 FEET; THENCE S.00°08'50'E., 369.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 92.00 FEET AND TO WHICH BEGINNING A RADIAL LINE BEARS N.89°51'10'E.; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 29'17'00' AN ARC DISTANCE OF 47.02 FEET; THENCE N.89°51'10'E., 1142.22 FEET TO THE EAST LINE OF SAID SOUTHWEST QUARTER, ALSO BEING THE CENTERLINE OF STERLING ROAD; THENCE N00°27'29'E. ALONG SAID EAST LINE A DISTANCE OF 1039.18 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM ANY PORTION LYING WITHIN VIRGINIA AVENUE AND STERLING ROAD. CONTAINING 24.66 ACRES. PROPOSED P.U.D. ZONE (FROM R-l) ALL THAT PORTION OF PARCEL MAP NO. 8279 AS FILED MAY 17, 1990 IN BOOK 40 OF PARCEL MAPS AT PAGES 58 AND 59 IN THE OFFICE OF THE KERN COUNTY RECORDER; ALSO BEING A PORTION OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 29 SOUTH, RANGE 28 BAST, M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, BEING DESCRIBE~ A~ FOLLOWS:.' COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER, BEING THE IN I~'RSECTION OF VIRGINIA AVENUE AND STERLING ROAD; THENCE S.89°50'30"W. ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER, ALSO BEING THE CENTERLINE OF VIRGINIA AVENUE A DISTANCE OF 965.06 FEET TO THE TRUE POINT OF BEGINNING; THENCE DEPARTING SAID NORTH LINE, S.00'27'29'W., 528.96 FEET; THENCE S.31°56'25'W., 57.45 FEET; THENCE S.00'27'29'~N., 47.33 FEET; THENCE S.89'51'10'VV., 139.78 FEET; THENCE S.00'08'50'E., 369.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 92.00 FEET AND TO WHICH BEGINNING A RADIAL LINE BEARS N.89'51'10'E.; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 29'17'00" AN ARC DISTANCE OF 47.02 FEET; THENCE N.89'51'10'E., 1142.22 FEET TO THE EAST LINE OF SAID SOUTHWEST QUARTER, ALSO BEING THE CENTERLINE OF STERLING ROAD; THENCE S00°27'29'W. ALONG SAID EAST LINE A DISTANCE OF 280.01 FEET; THENCE S.89'51'10'VV., 746.61 FEET; THENCE N.00°08'50'VV., 120.00 FEET; THENCE S.89'51'10'VV., 100.00 FEET; THENCE N.00'08'50'W., 10.00 FEET; THENCE S.89'51'10"W., 538.72 FEET; THENCE N.00°08'50"W., 270.01 FEET; THENCE S.89°51'10'W., 924.31 FEET; THENCE N.00'08'50'VV., 92.87 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE EXHIRIT TO THE NORTHWEST, HAVING A RADIUS OF 50.00 FEET AND TO WHICH BEGINNING A RADIAL LINE BEARS S.30'17'55'E.; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01°43'41- AN ARC DISTANCE OF 1.51 FEET; THENCE N.00'08'50'W., 137.21 FEET; THENCE N.00°30'01'E., 30.00 FEET; THENCE N.89'50'50'E., 662.17 FEET; THENCE N.00°29'18'E., 659.44 FEET TO SAID NORTH LINE OF THE SOUTHWEST QUARTER; THENCE N.89'50'30'E. ALONG SAID NORTH LINE, ALSO BEING THE CENTERMNE OF VIRGINIA AVENUE A DISTANCE OF 690.02 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM ANY PORTION LYING WITHIN VIRGINIA AVENUE AND STERLING ROAD. CONTAINING 25.05 ACRES. (8~} ~1,4814 · FAX (~5) 834~72 Minutes, PC, Thursday, July 15, 1999 DRAFT Page 3 PUBLIC HEARINGS - ZONE CHANGE P99-0350 and VESTING TENTATIVE TRACT 5948 (Martin-Mclntosh) 7.1) Zone Chanae P99-0350 and 7.2) Vestina Tentative Tract 5948 Commissioner Sprague stated a conflict of interest on this project. The Planning Director, Stanley Grady, asked that the presentation for Agenda Items 7.1 and 7.2 be combined to take testimony but that a separate motion would be made. Staff report was given recommending approval of the P.U.D. zone change with conditions as shown in the staff report and including the Planning Director's memo and recommending approval of Vesting Tentative Tract 5948 subject to the conditions as recommended in the staff report. Staff stated that the P.U.D. zone must be in effect prior to recordation of any map of this tract. Public portion of the meeting was opened. Calvert Powell spoke in opposition. He lives on the northwest corner of Helvey where it dead ends. He stated that for the last 13 years there has been access between Rush Street and Helvey on a dirt road and said this proposed change would eliminate that access between the two streets as well as prevent him being able to access the back yard. He is also opposed to it because of the small lot size. He feels that it would lower the property value. Mary Leal spoke for her daughter, who is a resident of the area and could not attend tonight's meeting, who objects to the project due to the small lot size. Roger Mclntosh, representing Vantage Homes, spoke in favor of the project. Mr. Mclntosh said that what Advantage Homes is trying to do is prepare the project to provide housing to a specific buyer and by providing for two recreational facilities (one, 27,000 square foot soccer park and ¼ acre family park centrally located within the entire community). This gated area would have these recreational facilities that would serve the children and families in the area. They have also created a number of entry opportunities and are proposing the landscaping for the entries with the gates. Because of those amenities, they are requesting smaller lots. There is a mixture of lot sizes and product (house) sizes that easily fit on all of the lots. Mr. Mclntosh stated that they are requesting a 20- foot front yard setback but that would still provide for R-1 setback in the rear yard which meets the setback requirements of a R-1 zone so the backyards are opened up somewhat. Mr. Mclntosh said this is an area that has not developed out as it should and Mr. Hart has taken the rest of this area and put together an excellent program to finish it out. Mr. Mclntosh said that there are two conditions of approval they would like to address and ask the Commission to consider. The first condition is Condition No. 8 on the zone change which requires chainlink fence along the north boundary of the track up against the school site. They ask that this condition be removed because there already is an existing 6-foot chainlink fence that is located about 30 feet north of the boundary line - well within the school property.~,~E,e Minutes, PC, Thursday, July 15~ 1999 DRAFT Page 4 Mr. Mclntosh stated that Mr. Hart, of Vantage Homes, has been in on-going discussions with the school superintendent to see if the school would be willing to relocate that fence over to the boundary line. The school has not agreed to this because the school has no money for landscaping, sprinklers, etc. to relocate the fence and fill in the area. Mr. Hart is proposing to put up a builder fence along his property line to enclose the back yards. The other condition that Mr. Mclntosh wanted to address and request of the Commission is that there is approximately 1.28 acres of private parks that they did not receive park fee credit for and they would like to get credit for those acreages to offset the in-lieu fees that are required. They would like wording be included that to dedicate in-lieu park fees to allow for credit of up to seven tenths of an acre per thousand because of the facilities that are being located within the community. Mr. Mclntosh stated that they had read through the staff report, met with the county and Public Works staff and concur with the Planning Department memo dated July 13, 1999. Tom Hart, President of Advantage Homes, spoke in favor of the project. He said that his company builds these smaller homes to make them affordable for people in lower income brackets who would not be able to purchase homes. The company handles sales, marketing, developing and building. They sell the homes for less than the appraised price. This will be a gated community. One of the problems they have encountered in the area is security. They hope to cut down the problems by making a gated community with the two parks. The lot sizes have a lot to do with what is needed. The back yards are not utilized much. The homeowner's association for a minor fee will mow the front yards. Public portion of the hearing was closed. Commissioner Boyle stated while he sympathized with Ms. Leal about her concerns about these being small lots, he feels that it is a regrettable trade off that must be made in order to provide for that kind of housing. On the issue of the school fence, Commissioner Boyle supports staff on this issue but was concerned about the distance between the fence and school becoming a no- man's land full of trash and weeds. Commissioner Boyle asked Mr. Grady if there had been any thoughts on that. Mr. Grady responded by saying that staff has an alternative to putting the chainlink fence along the entire southern portion. What could be done instead is gate between the edge of the subdivision and the end of the school's fence - about a 30 feet gap. Then the builder's fence would go along the perimeter until the school got ready to move it's chainlink fence. Commissioner Boyle asked what size trees were going in. Mr. Mclntosh stated that they have no minimum standard other than the city standard and whatever the city requires would the size of the plant pallet. Commissioner Boyle asked if there were city standards for the two parks that were going in. Mr. Grady said that because they are parks in the PUD, we do not have landscape standards requiring it but we do have landscape requirements for plant materials going in the public right-of-way. If they want to meet those standards, the minimum size for a tree is 15 gallons. Minutes, PC, Thursday, July 15, 1999 DRAFT Page 5 Commissioner Boyle said that it was his understanding that there were no playground equipment in the family park. Mr. Grady said that that is correct. Commissioner Boyle stated to his fellow Commissioners that perhaps one of the trade offs could be for the smaller lots is to add some playground equipment for the kids to play on. Commissioner Boyle asked the applicant if they knew at this time what the homeowner's fees would be. Roger Mclntosh said that a consultant is working on those numbers. Commissioner Brady asked staff if the city was under some obligation under ordinances or the general plan to provide a variety of housing types in the City? Mr. Grady said that that is correct. So, by approving this project Mr. Brady commented that the Commission would be in compliance and actually promoting our own ordinances within the city. Mr. Grady said that was also correct. Commissioner Brady asked the applicant why there was no "tot lot." Mr. Mclntosh said there were a number of reasons why they didn't go with playground equipment. One ofthe reasons is they wanted to provide a family area, family park, with benches and bar-be-ques and also they provided a soccer park for some place the kids could go and there is a park within % mile which is available. Also, playground equipment tends to make additional liability for the homeowner's association so they opted not to put the "tot lot" facility in. Mr. Brady said that he would like to see a tot lot put in. Families with small children need to have a place to go. Mr. Hart said that they are right behind the school which has a lot of playground equipment and as far as he knew, the school was open. Commissioner Brady said that overall he thinks this project would be an improvement to the area, especially over a mobilehome park. Commissioner Dhanens stated that he also supports the project. Commissioner McGinnis asked if the Fire Department had looked at the project and if the street layout met their basic needs. Mr. Grady said that they had reviewed the circulation as part of the map process. Commissioner McGinnis also stated that he felt the figures for school children generated by this small lot subdivision was unrealistic. He feels it is much higher and is concerned there will be no place for them to play, Mr. Mclntosh stated they had met all the standards. Commissioner Dhanens asked Mr. Grady to restate what the intent was in the compromise regarding the 30 foot no man's land between the fence and the school. Mr. Grady said that on AIIoway Lane at the edge of the subdivision there would be a break between there and the school district fence and that break would be closed off by the developer. Commissioner Dhanens asked staff's reaction for the applicant's request for the park in-lieu fees for this project. Mr. Grady said it was not evaluated for the purposes of identifying a number but if the Commissioner is inclined to grant it Minutes, PC, Thursday, July 15, 1999 DRAFT Page 6 based on the PUD's amenities, the easiest way to handle it if the Commission wants to do it tonight is to write a condition to grant 7/10 of an acre per 1,000 which is what's in the ordinance and have it based on the number of actual units within the PUD. Then staff could calculate what that actually works out to be and can work that credit out at staff level. Commissioner Dhanens stated that he would be in support of the credit for in-lieu fees based on the improvements the developer is installing and also would be in favor of fencing off the 30 foot portion fronting Ross Street between the subdivision and school fence. Commissioner Boyle asked Mr. Grady that since the project is coming back to the Commission for a final PUD plan, if the Commission could include a landscape plan? Mr. Grady said "yes." Commissioner Tkac thanked Mr. Powell and Ms. Leal for coming out tonight. They do appreciate public participation. But he feels that this will be a "shot in the arm" for the area and it will be a good thing. Commissioner Tkac asked how long it will take for buildout of all the phases? Mr. Mclntosh said that Mr. Hart is selling about 7 to 8 houses per month so it would be several months and each phase will be done as they are needed. Mr. Mclntosh also said that Mr. Hart informed him that out of the 160 lots that are already built on the school has told him they have generated about 80 students. Commissioner Tkac asked Mr. Mclntosh if there would be any type of patrol in the area? Mr. Mclntosh said there would be a neighborhood watch program. Commissioner Tkac asked Mr. Grady about weed control in the 30-foot area. Mr. Grady said that that is school property. The school would have to take care of that. Commissioner Boyle made a motion, seconded by Commissioner Dhanens, to approve and adopt the Negative Declaration to approve the Vesting Tentative Tract 5948 Phased with findings and conditions set forth in the attached resolution Exhibit "A" as modified by the memorandum dated July 13, 1999, from Marian Shaw, Public Works Department. Motion carried. Commissioner Boyle made a motion to approve and adopt the Negative Declaration to approve Zone Change P99-0350 with findings and conditions set forth in the attached resolution Exhibit "A" subject to the following modifications: 1) Condition No. 8 to be deleted and instead the applicant would be required to put in along the west side of the project at AIIoway Lane and Ross Street a chainlink fence closing offthe gap between the project and the school, 2) modified by the memorandum dated July 13, 1999, from Stanley Grady, Planning Director, 3) as part of returning to us with a Final Development Plan, the applicant will also include a landscape plan and a tot lot either in the family park or the soccer park, and 4) the applicant will be entitled to a park fee to be calculated by staff using the standard rate of 7 tenths of an acre per 1,000 population. OR~G~t Minutes, PC, Thursday, July 15, 1999 DRAFT Page 7 10. Commissioner Kemper said she had a concern about the tot lot and about the increase in cost to the homeowner in the monthly homeowner's association fee. It might make it prohibitive for the economic status of the buyers. Commissioner Kemper said that she would like the applicant to bring back a cost impact of the association dues for putting in a tot lot and also there may not be enough room in the parks to put one in. Mr. Grady commented that staff wanted to make sure that the motion made it clear that in regards to the 7 tenths of an acre it is within the PUD not the entire subdivision. Commissioner Boyle said he would amend the motion to make it part of the PUD only and as far as Ms. Kemper's comments, he feels they could also be addressed as part of the Final PUD map. Commissioner Dhanens seconded the motion. Motion carried by the following roll call vote: AYES: Commissioners Boyle, Brady, Dhanens, Kemper, McGinnis, Tkac NOES: None ABSENT: Commissioner Sprague Commissioner Boyle made a motion, seconded by Commissioner Dhanens, to approve and adopt the Negative Declaration to approve Vesting Tentative Tract Map 5948 with findings and conditions set forth in the attached resolution Exhibit "A" and with the addition that the applicant would be entitled to a park credit to be calculated by staff at 7 tenths of an acre per 1,000 population for those units inside the PUD. Motion carried by group vote. PUBLIC HEARING FINAL DEVEL( ,AMENDMENT Bakersfield) COMMUNICATI( INS (Church of Christ of East There were no writte 11. COMMISSION COMMENTS communications. 12, A) Committees DISCUSSION AND ACTION NEXT PRE-MEETING CANCELLATION OF THE Motion was made by Commissioner have a pre-meeting on Monday dy, seconded by Commissioner Boyle, not to 1999. Motion carried. 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 9th day of September , 1999 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. the Bakersfield City Council at a meeting held on the 8th day of , and entitled: 3923., passed by September 1999 AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 103-35 BY CHANGING THE ZONING OF 24.66 ACRES FROM AN MH (MOBILE HOME) ZONE AND 25.05 ACRES FROM AN R-1 (ONE FAMILY DWELLING) ZONE TO A PUD (PLANNED UNIT DEVELOPMENT) ZONE ON A TOTAL OF 49.71 ACRES GENERALLY LOCATED ON THE SOUTHWEST CORNER OF VIRGINIA AVENUE AND STERLING ROAD. /si PAMELA A. McCARTHY City Clerk of the City of Bakersfield By: ~, DEPUT~' City ~lerk "~ ~ S:\DOCUMENT~AOPOSTING September 9, 1999