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
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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