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Home My WebLink AboutORD NO 3932ORDINANCE NO. 8 9 3 S AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 102-20 BY CHANGING THE ZONING OF 10.80 ACRES LOCATED ALONG THE EAST SIDE OF CALLOWAY DRIVE BETWEEN SEABECK AVENUE AND ROSEDALE HIGHWAY FROM R-I(ONE-FAMILY DWELLING) TO C-2 (REGIONAL COMMERCIAL) 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 along the east side of Calloway Drive between Seabeck Avenue and Rosedale Highway; and WHEREAS, by Resolution No.146-99 on September 16, 1999 the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve C-2 as delineated on attached Zoning Map No. 102-20 marked Exhibit "C", 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 R-1 to C-2 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 with mitigation was advertised and posted on July 26, 1999, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows one-family dwellings and commercial development; and WHEREAS, the City Council has considered and hereby makes the following findings: 1. All required public notices have been given. The provisions of the California Environmental Quality Act have been followed. The proposed zone change will not have a significant effect on the environment. Mitigation measures shown on Exhibit Nos. "A" and "B' are included in the project to ameliorate impacts. 5. The proposed zone change is consistent with the surrounding land uses. The proposed zone change is consistent with the land use designations of the Metropolitan Bakersfield 2010 General Plan Land Use Element upon approval of GPA P99-0123. The proposed zone change is consistent with the policies of the Metropolitan Bakersfield 2010 General Plan Land Use Element. 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 of the Sate of California 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: 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 17.06.020 (Zoning Map) of the Municipal Code of the City of Bakersfield be and the same is hereby amended by changing the land use zoning of that certain property in said City, the boundaries of which property is shown on Zoning Map. No. 102-20 marked Exhibit "C" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "D ". 4. Such zone change is hereby made subject to the conditions of approval and mitigation measures listed in attached Exhibit Numbers "A" and "B', subject to approval of GPA P99-0123. SECTION 2. This ordinance shall be posted in accordance with the Bakersfield Municipal Code and shall become effective not less than thidy (30) days from and after the date of its passage. ......... 000 ......... 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 NOV 1 ? 1999 , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNClLMEMBER CARSON, DEMOND, MAGGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNClLMEMBER ~O1~ ~.. COUNClLMEMBER CITY CLERK and Ex Officio Cl~r~ of the Council of the City of Bakersfield APPROVED NOV 17 1999 BOB I6'RI~'E/ ~ MAYOR of the City of Bakersfield APPROVED AS TO FORM: BART J. THILTGEN City Attorney res\op99-0123 RD/pas September 24, 1999 S:\Dole\P99-0123\CC ZC Ordinance.wpd O,qlG~,~AL EXHIBIT "A" Conditions, Mitigation Measures EXHIBIT "A" Conditions, Mitigation Measures General Plan Amendment/Zone Change P99-0123 City of Bakersfield Plannin,, Deoartment Given the current development and use of the property, no cultural resource investigation is recommended at this time. If cultural resources are unearthed dudng ground disturbance, all work should halt in the area of the find. A professional archaeologist should be called in to evaluate the findings and make any necessary mitigation recommendations. Establish a reciprocal access easement prior to issuance of any building permit across the subject site from Calloway Drive to the MC (Major Commercial) designated property located along the east side of the subject site. State of California De~3artment of Conservation If excavation or grading operations uncover a previously unrecorded well, the Division district office in Bakersfield must be notified by the applicant and or property owner prior to any permit issuance; previously unrecorded wells may require remedial operations. san Joaouin Valley Air Pollution Control District For item nos. 5,6 and 7, a letter of compliance from San Joaquin Valley Air Pollution Control Distdct must be submitted to the City of Bakersfield Planning Department prior to the issuance of any building permit. Provide transit enhancing infrastructure such as transit shelters: benches: route signs and displays; and or bus turnouts. Provide pedestrian enhancing infrastructure such as direct pedestrian connections and paths; pedestrian safety designs; street lighting; and/or pedestrian signage and signalization. Provide bicycle-enhancing infrastructure such as bikeways/paths connecting to bikeway system; and/or secure bicycle parking. Pacific Gas and Electric Comoanv To promote the safe and reliable maintenance and operation of utility facilities, developer shall comply with the California Public Utilities Commission mandated specific clearance requirements between utility facilities and surrounding objects and construction activities. Any proposed development plans should provide for unrestricted utility access and prevent easement encroachments that might impair the safe and reliable maintenance operation of PG&E's facilities. Exhibit "A" GPA/ZC P99-0123 Page 2 10. Developer will be responsible for the costs associated with the relocation of existing PG&E facilities to accommodate their proposed development. 11. Developers shall consult with PG&E as early in their planning stage as possible. 12. Construction will not be allowed within the PG&E easement without first obtaining a "consent to common use", after plans have been approved by PG&E. 13. Development plans affecting relocation of PG&E transmission facilities could also require formal approval of the CPUC. Proponents of such plans shall consult with PG&E early in the planning stage for additional information and assistance Traffic Imoact Study Commercial Develooment North of Rosedale Hiehwav East Side of Callowav Drive 13, For better access to and from the development, install half street improvements along: East side of Calloway Drive, adjacent to the project. 14. Modify traffic signal at Entrance Street of project to accommodate project traffic. 15, Upgrade traffic signals and intersection at the following locations: Rosedale Highway and Fruitvale Avenue; Rosedale Highway and Coffee Road; and Rosedale Highway and Calloway Road. CitY of Bakersfield Public Works Deoartment Prior to site plan approval of the first development within the project, dedication to artedal standards for the full frontage of the project plus the frontage from the south project boundary southerly to the existing full width improvements shall be provided. 17. Upon the first development within the project, median fees shall be paid for the full frontage of the project. 18. Piecemeal construction of major streets is discouraged. Upon completion of the separation of grade project south of Rosedale Highway, this area will be the only section from Hageman Road to south of White Lane that is not improved full width. Therefore, prior to occupancy of any new structure within the project, the entire frontage of the project plus the frontage from the south project boundary southerly to the existing full width improvements shall be improved to arterial standards. Improvements will include modification to and relocation of the traffic signal standard as required. Sidewalk construction will not be required adjacent to the areas not within the project until development on or subdivision of those areas. Exhibit "A" GPA/ZC P99-0123 Page 3 19. The following mitigation is based on the review of the traffic study by Crenshaw Traffic Engineering, and the fee shall be paid with building permits: a. Phase II traffic impact fee ($543,401 = $67.12 per daily trip). The intersection of Rosedale Highway and Fruitvale Avenue - Future expansion of intersection with dual left turn lanes for the east leg (westbound left turns) and the south leg (northbound left tums), three (total) through lanes for each direction of travel and right of way acquisition as needed to accommodate the improvements. Developer's share of the costs is 0.45 percent based on project traffic. The intersection of Rosedale Highway and Calloway Drive - Future expansion of the intersection with dual left turn lanes and a three (total) through lanes for each leg of the intersection. Developer's share of the costs is 5.6 percent, based on the project traffic. The intersection of Rosedale Highway and Coffee Road - Future expansion of the intersection. Developer's share of the costs is 1.5 percent, based on the project traffic. On Calloway, adjacent to the project site - opening day mitigation - full street improvements on the east side of Calloway Drive. The developer would be responsible for the entire cost of this improvement. On Calloway at the entrance to the site - opening day mitigation - modification of the existing traffic signal on Calloway. The developer would be responsible for the entire cost of this improvement. RED s:gpa-sept~p99-0123\ea-con EXHIBIT "B" Mitigation Measures, Conditions of Approval Proportionate Share of Impact Cost P:\P99-0123~PC SR.wpd August 17, 1999 (3:I9PM) The developer's percent of impact of the cost of these traffic signals and street segments is computed as: Project Generated Volumes 2020 Volumes SIGNAL INSTALLATION CALCULATIONS Rosedale Hwy/Fruitvale Ave. 6605 Rosedale Hwy/Coffee Rd. 125 8285 Rosedale Hwy/Calloway Dr. 410 7375 = 0.0045 x 100 = 0.45% = 0.015 x 100 = 1.5 % = 0.056 x 100 = 5.6 % 9-117 REGIONAL TRANSPORTATION FACILITY IMPACT This project will affect other locations within the City of Bakersfield and some impact will be expected. The following locations listed on the City of Bakersfield "Regional Tranm)ortation Facillity List - Metro Bakersfield Transportation Impact Fee Program" may be affected by this project with five (5) Peak Hour Trips or more. Dev. Total Dev. Improv. Dev. Traffic ~ Share Co~ Share Allen Road SR 58 to Brimhall Rd. Street Improvements 5 799 0.006 1,078,739 6,472 Brimhall Road Calloway to Coffee Harvest Creek Rd. Street Improvements 5 Traffic Sig. Installation 5 2895 0.0017 346,098 588 2895 0.0017 -0~ -0- Calloway Drive Olive to Hageman Street Improvements 15 Friant Canal Widen Canal Bridge 10 Hageman to Meacham Street Improvements 40 Meacham to SR 58 Street Improvements 140 SR 58 to Brimhall Street Improvements 105 ~ AT&SF RR Grade Seperation 105 Brimhall & C Valley Canal Street Improvements 30 C Valley Canal & Kern River Bdclges 30 C Valley Canal to Stockdale Street Improvements 30 1583 0.0095 578,044 5,492 1411 0.0042 500,000 2,100 2369 0.0169 -0- -0- 2467 0.057 540,079 30,785 3895 0.027 2,110,000 5,697 3895 0.027 1,500,000 40,500 4554 0.007 934,000 6,538 4810 0.006 3,500,000 21,000 4810 0.006 778,333 4,670 · Coffee Road SR 58 to Brirahall Brimhall to Truxton ~ AT&SF RR Street Improvements 35 Street Improvemems 20 Grade Sepeation 35 4929 0.007 691,071 4,837 6421 0.003 276,429 829 4905 0.007 1,500,000 10,500 Fruitvale Avenue Hageman to Meany Meany to SR 58 Meany Downing Street Improvement 15 Street Improvement 25 Traffic Sig. Installaqon 15 Traffic Sig. Installation 20 1209 0.012 545,000 654 1293 0.019 817,500 15,532 1293 0.012 120,000 1,440 1293 0.02 120,000 2,400 9-117 -29- REGIONAL TRANSPORTATION FACILITY IMPACT - continued Itageman Road Verdugo to Calloway Calloway to 1300 E SR 58 (Rosedale Hwy) @ Allen Road Allen Rd. to Jewetta Jewetta to Calloway Calloway to Coffee Coffee to Fruitvale Fruitvale to Mohawk Mohawk to Ga'bson ~ Old Farm Road ~ Jewetta ~AT& SFRR ~ Friant Kern Canal btwn Coffee/Fmitvale ~ Verdugo ~ Main Pla?a Drive ~ Mohawk Dev. Total Dev. lmprov. Dev. Street Improvements 20 1982 0.01 482,104 4,821 Street Improvements 25 2421 0.01 53,750 537 Signal Modifl_cation 55 3338 0.02 40,000 800 Street Improven~nts 70 4246 0.165 1,510,137 249,173 Stxeet Improvements 170 4812 0.035 1,510,137 52,855 Street Improvements 130 6536 0.02 1,510,137 30,203 Street Improvements 22 5873 0.004 1,510,137 6,040 Street Improvements 22 5174 0.004 755,069 3,220 Street Improvements 22 7709 0.003 1,132,603 3,398 Traffic Sig. Installation70 4248 0.017 120,000 2,040 Worms Construction 150 4612 0.033 120,000 3,960 Grade Sep. Wide. 150 4952 0.03 480,000 14,400 Widen Canal Bridge 45 5873 0.008 395,000 3,160 Widen 2 Canal Bridges 45 5873 0.008 600,000 4,800 Signat Modification 170 4612 0.04 -0- -0- Traffic Sig. Installation100 6536 0.015 60,000 900 Traffic Sig. Installation6 11372 0.0005 120,000 60 TOTAL 543,401 9-117 -30- EXHIBIT "C" Maps P:XP99-0123XPC SR.wpd August 17. 1999 (12:59PM) ¢'2 PCO m m CITY OF BAKERSFIELD ZONING MAP 102-20 SEC 20 T. 29s R EXHIBIT "D" Legal Description P:\P99-0123\PC SR.wpd August 17, 1999 (12:59PM) ~Rk~N~RL WHEN RECORDED MAIL TO; MR, & MRS. CLEO BRANNON 2907 Calloway Drive Bakersfield, Ca. 93308 )MPANY O]151q Boo, 5695 iA. 24i6 '8,l 7 A)I 9. fO Entered OR~l~L / ~o, 5695 ~m24i8 uF~iG~,~AL ~ I-- Arthur Ingle 2824 Calloway Road / ~ J Grant Deed ~*~,,~ oint Ten~cy ~-- - ~ , ~_I01~ ~, (DESCRTPTION ATTA,C~ ED) D.t~ Ju~e 12, 1967 William C. Lucas. Marian V. LUCaS and Marcia J. Lucas co~aisa£o xDires Jan. 12, 1969 stats of California, according to the official plat thereof, described as follows: with the west line of said section, 65.92 feet; thence west parallel 2314 NORTH CHESTER AVENUE FIRST INTERSTATE BANK OF CALIFORNIA CONSUMER LOAN CENTER LOS ~ELES, CA. 9~0-0759 DEED OF TRUST WITH ASSIGNMENT OF RENTS {AND ACCELERATION tN EVENT OF SALE} 19 94 herein called TRUSTOR, whose address Is. P.O I]OX 663 OOOSE RANCH ROAO LEWISTON CA 96052 FIRST INTERSTATE BANK OF CALIFORNIA. a California corporalloo, as a TRUSTEE, and In such capaclly herein called TRUSTEE, and FIRST INTERSTATE BANK OF CALIFORNIA, a Callfornla corporallon, as BENEFICIARY. and in such capacRy herein celled BENEFICIARY. WITNESSETHc Thai TruIlor Irrevocably GRANTS, TRANSFERS AND ASSIGNS ~o TRUSTEE, IN TRUST, WITH ASSESSOR'S mDENTIFICATION NUMBER 451-030-05-00-2 dUI 0 2 1997 , f s, , :'~ ,',' and ~e desor~bed as follow~ NO. 4e4030-AW/U f ~u, 4839 r,~u. ~..58 -J Recorded ~,y RAY A. V~ Join~Tenancy Grant Deed~ J ~" EXHIBIT 'A' · . The south 80.60 feet of the north 232.60 feet of the following ~,'Ra~e 27. ~ast, ~ount Diablo ~eridian. in the Cowry of KO~. St&~e of ?~'~l~la, aoco~l~ to the offici~ plat of said l~d approved by ' ~2~.6i fee,'noSh'of She southwest co.er of said seoSlon~ %hence eas~ k~'~ ~lel ~o ~e souSh line of s~id section, 690.77 fee~l thence a~ v ri~h~ ~es no~h 39~.60 feet ~o ~he sou~heas~ ocher of that ce~ain dee4 ~eoo~ed A~st 19. 1~8 in Book 1~96 P~e ~01 ~f 0ffioi~ Reco~s~ ~e~ed to ~o~ L. C~pher ~d Ju~i~ 0. Compher. 690.77 feet to a . point ~n the wes~ l~e of said section 20~ ~d ~hegce south alon~ said 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 17th day of November , 1999 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3932 , passed by the Bakersfield City Council at a meeting held on the 18th day of November 1999 and entitled: An ordinance amending title seventeen of the Bakersfield Municipal code and zoning map No. 102-20 by changing the Zoning of 10.80 acres located along the east side of Calloway Dr between Seabeck Ave and Rosedale Hwy from R-1 (one family Dwelling) to C-2 (Regional Commercial). /s/PAMELA A. McCARTHY City Clerk of the City of Bakersfield DEPUT~ City clerk ~ ~ S:\DOCUMENT~AOPOSTING November 18, 1999