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Home My WebLink AboutRES NO 178-93RESOLUTION RESOLUTION OF THE CITY COUNCIL DISAPPROVING AMENDMENT OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE LAND USE ZONING OF CERTAIN PROPERTY IN THE CITY OF BAKERSFIELD LOCATED 1,200 FEET NORTH OF BRIMHALL ROAD AND APPROXIMATELY 300 FEET EAST OF JEWETYA AVENUE FROM AN R-1 (ONE FAMILY DWELLING, WITH 18,000 SQ.FT. MINIMUM LOT SIZE) ZONE TO AN E (ESTATE) ZONE. 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 1,200 feet north of Brimhall Road and approximately 300 feet east of Jewetta Avenue as shown on Exhibit "B"; and WHEREAS, by Resolution No. 53-93 on September 13 and 16, 1993, the Planning Commission recommended denial of an ordinance amending Title 17 of the Municipal Code from an R-1 (One Family Dwelling, with a condition of 18,000 sq.ft. min. lot sizes) to an E (Estate) zone, by this Council and this Council has fully considered the findings 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 but no changes in zoning of the subject property 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 on August t8, 1993, and posted on July 27, 1993, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows development; and WHEREAS, the City Council has considered and hereby makes the following findings: 1. All required public notices have been given. 2. The provisions of the California Environmental Quality Act (CEQA) have been followed. ORIGINAL 3. The California State Legislature enacted Senate Bill 1287 that preempts the City's ability to impose above and beyond the $1.65 per square feet for residential fees plus the additional $1 per square feet that may be imposed by the school districts. 4. Based on the Initial Study, staff has determined that the proposed project, as recommended, could not have a significant effect on the environment. A Negative Declaration was advertised on August 18, 1993, posted and mailed to surrounding property owners on July 27, 1993, in accordance with CEQA. 5. The California Archaeological Inventory has determined that further archaeological investigation is required for the site. plan designation. Prezoning No. 5499, as requested, is not consistent with the general 7. Prezoning No. 5499, as requested, is not compatible with the existing zoning and land use designations surrounding and adjacent to the project site. 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 with mitigation measures shown on Exhibit "A". 3. The requested zone change to SR (Suburban Residential) is disapproved. 2 ORtGINAL I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held #fly 1 0 ~ by the following vote: AYES: COUNCILMEMBERS I~, EDWA_~ ~De2M~ D, SMITH, BRUNNI, ROWLES, $ALVAGGIO NOES: COUNCILMEMBERS ABSTAIN: COUNCILMEMBERS /~ENT: COUNGILMEMBE~ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED MAYOR of the City of Bakersfield ias to form: M~. ~UN/~ARDiNi ' CITY ATI?ORNEY of the City of Bakersfield MO:pjt res\r393s4zc.cc October 26, 1993 ORIGINAL EXHIBIT "A" General Plan Amendment 3-93, Segment IV Prezoning #5499 Recommended Mitigation Measures Plannin~ Deoartment: In order to mitigate the impacts of any natural to urban laud conversion on the San Joaquin kit fox (a State and Federally-listed Endangered Species), the applicant must, prior to ground disturbance, follow the Advisory Notice, detailing the Interim Mitigation Measures established for the Metropolitan Bakersfield Habitat Conservation Plan. o Prior to approval of any land division, an archaeological survey must be completed. Any mitigation resulting from such report shall be implemented prior to recordation of the land division map. Prior to the issuance of a building permit within the project area, $3.48 per square foot of assessable space, as defined in Section 65995 of the Government Code, shall be paid for the purpose of providing school facilities. Public Works Deoartment: NOTE: * indicates adjustments have been made on these items to account for the Regional Transportation Ilnlmct Fee's contribution towards the item. Upon further subdivision or development within the project area, the developer shall pay to the City fees for his proportionate share of future traffic signals and State Highway road construction in the project area. The percentages shown were determined from the traffic study submitted for Tentative Tract 5597 which proposed 13 lots in the GPA area. If more than 13 lots are proposed in a future subdivision, then the per lot fee indicated below shall be maintained so that proportional traffic mitigation is achieved. The improvements and the developer's proportionate share are as follows: Signals: 1. Rosedale at Calloway, modify. signal: 2. Jewetta at Palm, new signal: 3. Palm at Calloway, new signal: 4. Calloway at Brimhall new signal: 5. Brimhall at Jewetta, new signal: State Highway Road Segments: 1. 3.1% x $50,000 = $1,550. 0.7% x $120,000 = $840. 0.8% x $120,000 = $960. *0.2% x $120,000 = $2,40. *0.1% x $120,000: $120. Rosedale Hwy east of Calloway; 78 new trips generated for this segment. One new lane is 8000 trip capacity. 78/8000 = *0.8% x $240,000 ($150,000/lane mile, I lane each direction) = $1,960. Rosedale Hwy west of Calloway; 34 new trips generated for this segment. 34/8000 = *0.3% x $240,000 ($150,000/lane mile, 1 lane each direction) = $720. Based on the above local traffic mitigation, a fee shall be paid at the time of building permit of $491.54 per dwelling unit for all dwelling units within the GPA area. At the time of further development or subdivision, the property owner(s) within the GPA area not already within a maintenance district shall request to be annexed to an existing maintenance district or request creation of a new maintenance district for their property. ORIGINAL Exhibit "A" GPA 3-93. Seg. IV Page 2 Municipal sewer service to each development, lot, or parcel shall be provided upon further subdivision or development of the property. Prior to review of any improvement plans or development plans, a proposal and sewer study for providing that municipal service to the entire project area shall be submitted to and approved by the City Engineer. If a new pump station is required to provide service for this development, then the developer shall perform an economic analysis of the operation and maintenance over the expected life of this pump station and, prior to acceptance by the City of this pump station, shall pay a fee based on the economic analysis for this station's operation and maintenance. Any upgrades to the existing sewer system will be the responsibility of the developer. The applicant shall submit a comprehensive drainage study with boundaries of Brimhall Road, Jewetta Avenue, Palm Avenue, and the projection of the west line of Tentative Tract 5417. The drainage study should include, but not necessarily be lira/ted to, drainage calculations, pipe sizes and locations, the drainage basin size, and construction phasing. The applicant shall initiate proceedings to form a Planned Drainage Area if necessary to facilitate construction of the drainage system. The drainage study shall be submitted to and approved by the City Engineer and any required drainage basin site and necessary easements deeded to the City prior to recording of any subdivision map or certificate of compliance or review of any development plan or improvement plan within the project area. Birchhaven Avenue shall be constructed between Jewetta Avenue and the project area at the time of further subdivision or development of the project area. p:393s4.ea ORIGINAL EC!/2)RS EXHIBIT B PREZONING 5499 PALM : EO/2) I R-S PINEHAVEN AVENUE CEDARHAVEN AVENUE BIRCHAVEN AVENUE E(5)RS , ' 0 4,00 , s~ ~N ~ 25 J T2~S, R26E A-2OA E(I/2)RS i I ~-- j E(lO)RS . I &VENUE : I i ! ! ! I " i I ! ! E(1/2)RS R-1 [ E T295, R27E SHELLABARGER ROAD R-S BRIMHALL A-20A ROAD o [ FOUR BEARS DR. R-1 E(1/2)RS ORIGINAL