HomeMy WebLinkAboutORD NO 4165ORDINANCE NO. 4 1-' 6"~
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND
APPROVING THE PROPOSED AMENDMENT TO SECTION
17.06.020 (ZONE MAP NOS. 101-36, 122-01, & 123-06) OF
TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE
TO CHANGE THE ZONING OF CERTAIN PROPERTY IN THE
CITY OF BAKERSFIELD FROM R-1 (ONE FAMILY DWELLING)
TO R-3 (LIMITED MULTIPLE-FAMILY DWELLING) ON 20.56
ACRES LOCATED AT THE NORTHWEST CORNER OF
STOCKDALE HIGHWAY AND JEWETTA AVENUE AND R-3
(LIMITED MULTIPLE-FAMILY DWELLING) TO C-O (PRO-
FESSIONAL AND ADMINISTRATIVE OFFICE) ON 23.94 ACRES
LOCATED AT THE SOUTHEAST CORNER OF STOCKDALE
HIGHWAY AND BUENA VISTA ROAD. (FILE# ZC 03-0745).
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 for certain property in the City of Bakersfield located
at the northwest corner of Stockdale Highway and Jewetta Avenue and at the southeast corner
of Stockdale Highway and Buena Vista Road (Exhibits "A(1 )", "A(2)", and "A(3)"), and more
specifically described in Exhibit "B"; and
WHEREAS, for the above-described proposal, an Initial Study was conducted and it was
determined that the proposed project would not have a significant effect on the environment,
and, therefore, a Negative Declaration was prepared and posted on August 29, 2003, in
accordance with CEQA; and
WHEREAS, the law and regulations relating to the preparation and adoption of Negative
Declarations, as set forth in CEQA and the City of Bakersfield's CEQA Implementation
Procedures, have been duly followed by city staff, the Planning Commission, and this Council;
and
WHEREAS, by Resolution No. 135-03 on September 18, 2003, the Planning
Commission denied the adoption of an ordinance amending Title 17 of the Municipal Code to
approve ZC 03-0745 as delineated on attached Zoning Map Nos. 101-36, 122-01, & 123-06,
marked Exhibits "A(1)", "A(2)", and "A(3)", respectively, and this Council has fully considered
the Planning Commission's recommendation as set forth in that Resolution; and
WHEREAS, the applicant, Castle and Cooke California, Inc., submitted an appeal to the
Planning Commission's denial of the proposed zone change; and
WHEREAS, the City Council has considered and hereby makes the following findings:
1. All above recitals are true and correct.
2. The provisions of the California Environmental Quality Act have been met.
The proposed project would not have a significant effect on the
environment.
ORIGINAL
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 711.4 of the State of California
Department of 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 Negative Declaration for this project.
SECTION 1.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as
follows:
The above recitals and findings are true and correct and constitute the Findings
of the Council, incorporated herein.
2. The Negative Declaration for Zone Change No. 03-0745 is hereby adopted.
3. The appeal submitted by Castle and Cooke California Inc. is hereby upheld.
The proposed amendment to Section 17.06.020 (Zoning Map) of the Municipal
Code of the City of Bakersfield be and the same to change the land use zoning
from R-1 (One Family Dwelling) to R-3 (Limited Multiple-Family Dwelling) on
20.56 acres located at the northwest corner of Stockdale Highway and Jewetta
Avenue and R-3 (Limited Multiple-Family Dwelling) to C-O (Professional and
Administrative Office) on 23.94 acres located at the southeast corner of
Stockdale Highway and Buena Vista Road (File# ZC 03-0745) of that certain
property in said City, the boundaries of which property is shown on Zoning Map
Nos. 101-36, 122-01, and 123-06, marked Exhibit "A(1)", "A(2)", and "A(3)",
respectively, attached hereto and made a part hereof, and more specifically
described in attached Exhibit "B", with conditions of approval proposed in Exhibit
"C", is hereby approved and adopted.
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 January 14, 2004, by the
following vote:
ORIGINAL
ABSTAIN:
ABSENT:
COUNCIL MEMBER BENHAM, CARSON, COUCH, HANSON, MAGGARD, SALVAGGIO, SULLIVAN
COUNC L MEMBER.
COUNCIL MEMBER
COUNCIL MEMBER
APPROVED JAN ] 4 20~4
By L / ~.,~
HARVEY L. HALL /
Mayor
PAMELA A. McCARTHY, ~IC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
Exhibits Attached:
Exhibit A(1)(2)(3) - Zone Change Maps
Exhibit B - Legal Description
Exhibit C - Conditions of Approval
3
ZONE CHANGE 03-0745
ZONE CHANGE 03-0745
EXHIBIT A(2~] ~
ZONING M'*'P 122-01 -~. ~
ZONE CHANGE 03-0745
EXHIBIT
ZONING MAP 1Z3,-06 (.)RFC;
EXHIBIT B
ZONE CHANGE LEGAL DESCRIPTION
PROPOSED R-3 (FROM EXISTING R-l)
ALL THAT PORTION OF SECTION 36, TOWNSHIP 29 SOUTH, RANGE 26 EAST, AND
SECTION 1, TOWNSHIP 30 SOUTH, RANGE 26 EAST, M.D.M., CITY OF BAKERSFIELD,
COUNTY OF KERN, STATE OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 1, THENCE
S.85°55'3TYV., 2686.71 FEET TO THE CENTERLINE OF STOCKDALE HIGHWAY AND THE
POINT OF BEGINNING, ALSO BEING THE BEGINNING OF A NON-TANGENT CURVE
CONCAVE TO THE SOUTH, HAVING A RADIUS OF 3000.00 FEET AND TO WHICH
BEGINNING A RADIAL LINE BEARS N.17°13'21"E., THENCE WESTERLY ALONG SAID
CURVE AND SAID CENTERLINE THROUGH A CENTRAL ANGLE OF 16°01'38' AN ARC
DISTANCE OF 839.18 FEET; THENCE CONTINUING ALONG SAID CENTERLINE,
N.88°48'02"W., 557.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE
TO THE NORTH, HAVING A RADIUS OF 8000.00 FEET AND TO WHICH BEGINNING A
RADIAL LINE BEARS S.01°11'11"W., THENCE WESTERLY ALONG SAID CURVE AND SAID
CENTERLINE THROUGH A CENTRAL ANGLE OF 01°14'53" AN ARC DISTANCE OF 174.26
FEET; THENCE DEPARTING SAID CENTERLINE, N02°26'04"E., 55.00 FEET TO THE
BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF
645.00 FEET AND TO WHICH BEGINNING A RADIAL LINE BEARS N.89°58'41"E.; THENCE
NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22"41'01" AN ARC
DISTANCE OF 255.36 FEET; THENCE N.22°42'20"W., 191.75 FEET; THENCE N67°17'40"E,
45.00 FEET; THENCE S.88°48'02"E., 1580.15 FEET TO THE BEGINNING OF A NON-
TANGENT CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 474.01 FEET AND TO
WHICH BEGINNING A RADIAL LINE BEARS N01°11'40"E.; THENCE EASTERLY ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 32°22'13'' AN ARC DISTANCE OF 267.80
FEET; THENCE S.56°34'56"E., 54.10 FEET TO THE CENTERLINE OF JEWEl-FA AVENUE AS
DESCRIBED IN THE STREET RIGHT-OF-WAY DOCUMENT RECORDED MAY 1, 2003 AS
DOCUMENT NO. 0203085467, OFFICIAL RECORDS OF KERN COUNTY, ALSO BEING THE
BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHEAST, HAVING A
RADIUS OF 2000.00 FEET AND TO WHICH BEGINNING A RADIAL LINE BEARS
N56°34'56"W.; THENCE SOUTHERLY ALONG SAID CURVE AND SAID CENTERLINE
THROUGH A CENTRAL ANGLE OF 16°07'49" AN ARC DISTANCE OF 563.05 FEET TO THE
POINT OF BEGINNING.
CONTAINING 20.56 ACRES GROSS.
PROPOSED C-O ZONE (FROM EXISTING R-3)
ALL THAT PORTION OF SECTION 6, TOWNSHIP 30 SOUTH, RANGE 27 EAST, MDM., CITY
OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, BEING DESCRIBED AS
FOLLOWS:
BEGINNING AT THE CENTERLINE INTERSECTION OF STOCKDALE HIGHWAY AND BUENA
VISTA ROAD MARKED BY A CITY OF BAKERSFIELD CONCRETE MONUMENT IN A
LAMPHOLE AS SHOWN ON RECORD OF SURVEY BOOK 19 AT PAGE 117 IN THE OFFICE
OF THE KERN COUNTY RECORDER, BEING THE BEGINNING OF A CURVE CONCAVE TO
THE NORTH, HAVING A RADIUS OF 2000.00 FEET AND TO WHICH BEGINNING A RADIAL
LINE BEARS S.16°02'27~N.; THENCE EASTERLY ALONG SAID CURVE AND SAID
CENTERLINE OF STOCKDALE HIGHWAY THROUGH A CENTRAL ANGLE OF 59"17'51" AN
ARC DISTANCE OF 2069.87 FEET; THENCE DEPARTING SAID CENTERLINE, S43°15'24"E.,
55.00 FEET TO THE NORTHWESTERLY RIGHT-OF-WAY OF THE KERN RIVER CANAL AS
DESCRIBED iN BOOK 4999, PAGE 427, OFFICIAL RECORDS OF KERN COUNTY; THENCE
S46°44'36"W. ALONG SAID NORTHWESTERLY RIGHT-OF-WAY, A DISTANCE OF 1928.82
FEET; THENCE DEPARTING SAID NORTHWESTERLY RIGHT-OF-WAY, N.89°10'52'~N.,
744.10 FEET TO SAID CENTERLINE OF BUENA VISTA ROAD, ALSO BEING THE
BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF
2000.00 FEET AND TO WHICH BEGINNING A RADIAL LINE BEARS N.88°29'00'~V.; THENCE
NORTHERLY ALONG SAID CURVE AND SAID CENTERLINE THROUGH A CENTRAL ANGLE
OF 14°29'32" AN ARC DISTANCE OF 50587 FEET; THENCE CONTINUING ALONG SAID
CENTERLINE, N16°00'32"E, 402.60 FEET TO THE POINT OF BEGINNING.
CONTAINING 23.94 GROSS ACRES.
Q:',683639\LEGALS'~:~3ZONE.DOC~IFKLIUNE 2, 2003'~EVISED AUG. 12, 2003~rev. Oct. 9, 2003
EXHIBIT C
ZONE CHANGE NO. 03-0745
CONDITIONS OF APPROVAL
A.)
B.)
TRANSPORTATION CONDITIONS:
A detailed trip generation analysis was submitted showing a reduction in
trip generation from previous entitlements. The LR to HR parcel is within
the "South of Brimhall" EIR development area. The analysis satisfactorily
demonstrates that the total trip generation for the entire study area,
considering both developed portions and remaining undeveloped portions,
is less than provided for in the EIR. Mitigation measures and impact fees
established through the EIR process are therefore still adequate.
The analysis for the HR to OC parcel shows there will be a reduction in PM
peak trips; therefore, the higher allowable density is accounted for in the
Transportation Impact Fee program, which provides full mitigation.
Therefore, because this change would constitute a reduction in trip
generation, the mitigation provided for in the fee program will provide
adequate mitigation.
Based on the analysis, the development is to be subject to the appropriate
fees and mitigation measures in effect at time of development.
2.)
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) or openings will also be made at the time
of division or development.
3.) A full access opening onto arterials will only be considered if the developer:
a) Funds and installs a traffic signal at the proposed opening.
b)
Requests formation of a traffic signal maintenance district and pays
all costs for creating said district.
c)
Submits a signal synchronization study for review and approval,
which shows progression is not adversely affected.
OFFICE COMMERCIAL SITE CONDITIONS:
Prior to issuance of any grading or building permit, the developer shall
provide the following:
S:\GPA 3rd 2003\03-0745\Final Conditions of Approval.doc !
2.)
3.)
a)
Detailed plans for constructing a minimum eight (8) foot wide
pedestrian bridge across the Kern River Canal at the location
identfied in Tract No. 5426 - Phase B. The pedestrian bridge shall
a~ign with the ten (10) foot wide pedestrian access easement
recorded on Tract No. 5426 - Phase B at the end of Loughton
Avenue. The detailed construction plans shall be approved by the
City of Bakersfield Public Works Department, Building Department,
Planning Department, and Water Resources Department.
b)
Detailed plans for the treatment of the existing ten (10) foot wide
pedestrian access easement from the end of Loughton Avenue to
the required pedestrian bridge on the Kern River Canal. The
detailed plans shall be approved by the City of Bakersfield Public
Works Department, Building Department, Planning Department,
and Water Resources Department.
c)
Detailed plans for the treatment of a ten (10) foot wide pedestrian
access easement from the required pedestrian bridge on the Kern
River Canal to the right-of-way line of Stockdale Highway. The
detailed plans shall be approved by the City of Bakersfield Public
Works Department, Building Department, Planning Department,
and Water Resources Department.
d)
Grant to the City of Bakersfield, a ten (10) foot wide pedestrian
access easement from the required pedestrian bridge on the Kern
River Canal to the right-of-way line of Stockdale Highway.
Prior to issuance of a certificate of occupancy for any development on the
OC/C-O site at the southeast corner of Stockdale Highway and Buena
Vista Road, the developer shall construct and complete the following:
a)
A minimum eight (8) foot wide pedestrian bridge across the Kern
River Canal at the location identfied in Tract No. 5426 - Phase B.
The pedestrian bridge shall align with the ten (10) foot wide
pedestrian access easement recorded on Tract No. 5426 - Phase
B at the end of Loughton Avenue.
b)
The pedestrian access from Loughton Avenue to the pedestrian
bridge on the Kern River Canal at the location identfied in Tract No.
5426 - Phase B.
c)
The pedestrian access from the pedestrian bridge on the Kern
River Canal to the right-of-way line of Stockdale Highway.
Lighting/Glare:
a)
The developer shall design exterior elevations and facades with
minimum use of glazing, mirrors and reflective materials or colors.
4.)
5.)
6.)
7.)
8.)
9.)
Low-wattage security lighting directed away from light-sensitive
uses shall be utilized, and shall be shielded so that all direct rays
are confined to the site.
b)
Parking lot lighting shall be provided pursuant to Section 17.58.060
A of the Municipal Code. Lights shall be designed, arranged, and
shielded to reflect away from adjacent residential properties, public
parks, and streets with illumination evenly distributed across the
parking area.
c)
Light fixtures located between the rear of the buildings and the
canal shall not exceed a maximum height of 20 feet.
Landscaping Along Stockdale:
a)
Mature and dense trees shall be installed all along Stockdale
Highway and Buena Vista Road. Mature and dense shall mean not
less than 20 thirty-six inch (36") box trees and 20 twenty-four inch
(24") box trees. Not less than 50% of said trees shall be trees,
which are non-deciduous in nature.
Meandering Sidewalks:
a)
Developer shall construct meandering sidewalks with berming (not
to exceed 4') along Stockdale Highway and Buena Vista Road.
Building Setbacks:
a)
Buildings shall be set back from the property line with a minimum of
25 feet from both Stockdale Highway and Buena Vista Road.
Screening/Wall (South Side of Stockdale Hwy):
a)
A 6 foot high masonry block wall and a 10 foot wide landscape strip
shall be constructed along the south side of project along the canal.
Building Height:
a)
Building heights and setbacks shall be in accordance with
ordinance, except buildings located within 100 feet of the canal
right-of-way line shall not exceed a maximum height of 35 feet or 2
stories. Building height shall be identified on the Site Plan and any
other plans submitted to the City of Bakersfield.
Signage/Pylons:
a)
A comprehensive sign plan shall be required to be approved by the
City Planning Commission prior to building permits being issued.
S:\GPA 3rd 2003\03-0745\Final Conditions of Approval.doc
All freestanding signs proposed for the project shall be monument
signs only, spaced along the Stockdale Highway and Buena Vista
road project frontage.
10.) Design Theme:
11.)
a)
Corner monumentation for the intersection at Stockdale Highway and
Buena Vista Road shall be submitted to and approved by the Planning
Director to ensure screening of the corner commercial development
and compatibility of landscape treatment for the park and commercial
entry on the north side of the intersection.
b)
A common architectural or design theme shall apply to the entire site,
such theme shall be consistent and in harmony with the theme along
the north side of Stockdale Highway between Buena Vista Road and
Calloway Drive.
c)
The monumentation for the intersection (the northwest, northeast, and
southeast corners) shall be designed to be consistent with the
architectural theme along the north side of Stockdale Highway. The
design for this monumentation shall be submitted by Castle and Cooke
and approved by the City's Planning Director and Parks Director prior
to development of either commercial site or park site which ever occurs
first.
Aesthetics:
a)
Prior to the issuance of a building permit, building plans shall show
that all structures to be located on the project site shall be limited to
a height as noted herein.
b)
Prior to issuance of building permits, the project applicant shall
prepare landscape plans for the project area to provide visual relief
from project structures.
c)
Prior to issuance of building permits, the project applicant shall
outline specifications for outdoor lighting locations and other
intensely lighted areas. The specifications shall identify minimum
lighting intensity needs and design lights to be directed towards
intended uses. Methods to reduce lights shall include Iow-intensity
light fixtures and hooded shields.
d)
Parking lot security lighting shall be provided by no more than
40,000 lumen lamp poles, except that within back of buildings the
lighting shall be limited to 22,000 lumen lamp poles, which shall be
limited in height to 20 feet.
4
e)
The developer shall design exterior elevations and facades with
minimum use of glazing, mirrors and reflective materials or colors.
To assure compliance with this mitigation measure the
owner/developer will need to receive approval from the City's
Planning Director for the selection of exterior design materials.
HIGH DENSITY RESIDENTIAL SITE CONDITIONS:
1 .) Lighting:
a)
Parking lot lighting shall be provided pursuant to Section 17.58.060
A of the Municipal Code. Lights shall be designed, arranged, and
shielded to reflect away from adjacent residential properties, public
parks, and streets, with illumination evenly distributed across the
parking area.
b)
Light fixtures located between the buildings and the north project
boundary shall not exceed a maximum height of 20 feet.
2.) Wall and Landscaping Enhancements:
a)
Mature and dense trees shall be installed along Stockdale Highway
and Jewetta Avenue. Mature and dense shall mean not less than
20 thirty-six inch (36") box trees and 20 twenty-four (24") box trees.
Not less than 50% of said trees shall be trees, which are non-
deciduous in nature.
b)
The applicant shall plant 36" box trees around buildings to partially
obstruct views to neighboring single-family homes to the north.
These trees shall be incorporated into final landscape plan for the
project.
3.) Meandering Sidewalks:
a)
Developer shall construct meandering sidewalks with berming (not
to exceed 4 feet) along Stockdale Highway and Jewetta Avenue.
4.) Building Setbacks:
a)
There shall be a 25 foot wide building setback on both Stockdale
Highway and Jewetta Avenue. This setback area is for landscaping
only.
5.) Design Theme:
a)
The design theme of the wall and landscaping plan shall be
consistent with the Brighton Tracts (Tracts 6111, 6127, and 6128)
on Calloway Drive.
S:\GPA 3rd 2003\03-0745\Final Conditions of Approval.doc
b)
The monumentation for the multi-family site and park site shall be
designed to be consistent with the wall and landscape concept to
the north along Jewetta Avenue. The design for this intersection
monumentation (the northwest and northeast corners) shall be
submitted by Castle and Cooke and approved by the City's
Planning Director and Parks Director prior to development of either
the multi-family site or park site which ever occurs first.
6.) Site Access:
a)
Access to the site shall be approved by the City Traffic Engineer at
the time of site plan review.
7.) Project Amenity:
a)
The site shall include a recreational amenity. This shall be
submitted with the project at the time of site plan review.
8.) Site Access from Allen Road:
a)
The project shall include ingress / egress from Allen Road. Such
access may be by either public or private improvements and shall
be approved by the City Engineer. The approved access shall be
included as part of the site plan review for the multi-family site, and
also prior to any development of the adjacent property to the west.
9.) Property Owners Association:
a)
The project development shall include the formation of a property
owners association. The association shall be responsible for the
maintenance and operation of private facilities.
MISCELLANEOUS CONDITION:
1.)
The areas covered by this General Plan Amendment shall be
included in the Consolidated Maintenance District. With submittal
of any application for a development plan, proposed subdivision,
Site Plan Review, or lot line adjustment for any portion of this GPA
area, the applicant shall pay all fees for inclusion in the
Consolidated Maintenance District.
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 16th day of January , 2004 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4165, passed by the
Bakersfield City Council at a meeting held on the 14th day of January 2004 and
entitled:
AN ORDINANCE ADOPTING A NEGATIVE
DECLARATION AND AMENDING SECTION 17.06.020
(ZONE MAP NO. 102-20) OF TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE BY CHANGING THE
ZONING FROM A C-l(NEIGHBORHOOD COMMERCIAL)
TO A C-2 (REGIONAL COMMERCIAL ZONE) ON 17.46
ACRES GENERALLY LOCATED AT THE SOUTHWEST
CORNER OF COFFEE ROAD AND RIVERLAKES DRIVE
(FILE# 03-0824).
/si PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
DEPI.~'Y City Clerk