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Home My WebLink AboutORD NO 3954ORDINANCE NO. 3 c,:j ~ zJ: AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 101-13 BY CHANGING THE ZONING OF CERTAIN PROPERTY IN THE CITY OF BAKERSFIELD GENERALLY LOCATED AT THE NORTHWEST CORNER OF NORIEGA ROAD AND JEWETTA AVENUE FROM A - 20A (AGRICULTURE - 20 ACRE MINIMUM) TO R-1 (ONE FAMILY DWELLING) 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 at the northwest corner of Noriega Road and Jewetta Avenue; and WHEREAS, by Resolution No. 217-99 on December 16, 1999, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve a change from A - 20A (Agriculture - 20 acre minimum) to R-1 (One Family Dwelling) as delineated on attached Zoning Map No. 101-13 marked Exhibit "2", 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 A - 20A (Agriculture - 20 acre minimum) to R-1 (One Family Dwelling), 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 mitigations was advertised and posted on October 29, 1999, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows Low Density Residential development, subject to approval of General Plan Amendment P99-0701 and the requested R-1 zoning is consistent with this land use designation; and WHEREAS, the City Council has considered and hereby makes the following findings: 2. The provisions of the Califomia Environmental Quality Act (CEQA) have been followed. environment. The proposed project will not have a significant effect on the 4. Conditions of approval as shown on Exhibit "1" are included in the project to mitigate impacts. 5. The proposed zoning classification is compatible with previously approved residential zoning densities in adjacent areas to the north and west. 6. The proposed zoning is consistent with the residential zoning and land uses within the recently developed Polo Grounds project to the east and south. 7. The proposed zoning is consistent with the level of cimulation access and public services available to the site. 8. Based on the Initial Study and comments received, staff has determined that the proposed project could have a significant effect on the environment. A Negative Declaration was advertised and posted on October 29, 1999, in accordance with CEQA. 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. 101-13 marked Exhibit "2" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "3". 4. Such zone change is hereby made subject to the conditions of approval listed in attached Exhibit "1". SECTION 2. This ordinance shall be posted in accordance with provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. ORtGINN- 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 FEB ~. $ ~I]00 , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, ROWL~$,SULLIVAN,~ALVAGGIO COUNCILMEMBER f"~O~--- COUNCILMEMBER ~,~b~ ~ COUNCILMEMBER ~Ok.~ CITY CLERK and Ex Officio Cler~)of the Council of the City of Bakersfield ~ APPROVED FEB ~3 2000 : BOB-PRICE MAYOR of the City of Bakersfield APPROVED AS TO FORM: BART J. THILTGEN City Attorney By: ~ MJM: S:\OZC-0701 .CC EXHIBIT "1" GENERAL PLAN AMENDMENT/ZONE CHANGE P99-0701 MITIGATION MEASURES/CONDITIONS OF APPROVAL 4. 5. 6. 7. Upon development or division of the site, municipal sewer service shall be provided to the development or each lot or parcel in the subdivision. Along with submittal of any development plan, tentative subdivision map, or application for a lot line adjustment, the following shall occur: a. Provide fully executed dedication for Jewetta Avenue and Noriega Road to arterial and collector standards for the full frontages of the area within the GPA request. Dedications shall include sufficient widths for expanded intersections and additional areas for landscaping as directed by the City Engineer. Submit a current title report with the dedication documents. b. Submit a comprehensive drainage study to be submitted to and approved by the City Engineer. Site any drainage retention facility on the periphery of the GPA area to facilitate future expansion or consolidation of drainage facilities as adjacent area develops. The study shall be approved and any required retention site and necessary easements dedicated to the City. c. Submit verification to the City Engineer of the existing sewer system's capability to accept the additional flows to be generated through development under the new land use and zoning. Upon development or division of the property, consideration shall be given to circulation through the site to adjacent areas. Traffic signal interconnect conduit will be required in both streets upon development or subdivision. Construction of Noriega Road shall be done in no more than two segments. Construction of Jewetta Avenue shall be done in one segment from Noriega Road to the north line of the GPA area. Based upon the conclusions and mitigation measures presented in the traffic study for this GPA, the developer shall pay proportionate shares of the following improvements: a. Upgrade signals and expand intersections at the following intersections (Costs shown are preliminary estimates only; more detailed estimates shall be submitted for review and approval at the time of development): (1) Allen Rd/Rosedale Hwy (Expand to 3 thru lanes EB/WB), share is ,(2) Calloway Dr/Rosedale Hwy (Expand to dual lefts, 3 thru lanes each way), share is (3) Calloway Dr/Hageman Rd (Expand to 3 thru lanes EB/WB), share is (4) Calloway Dr/Meacham Rd (Expand to 2 thru lanes EB/WB), share is 1.38% of $250,000= $3,450 2.15% of $850,000= $18,275 0.43% of $250,000= $1,075 1.4% of $250,000= $3,500 Item 1. Sub-Total $22,800 b. Install traffic signals at the following intersection (new signal cost is $120,000): (1) Rosedale Hwy/Jewetta Ave, sham is (2) Verdugo Ln/Hageman Rd, sham is (3) Santa Fe Wy/Allen Rd, sham is (4) Meacham Rd/Jewetta Ave, sham is (5) Hageman Rd/Jewetta Ave, share is (6) Hageman Rd/Alien Rd, share is 1.04% of $120,000= $1,248 0.93% of $120,000- $636 2.73% of $120,000= $3,276 6.8% of $120,000= $8,160 10.4% of $120,000= $12,480 5.0% of $120,000= $31,800 Items 1 & 2 Total (Local Mitigation) $54,600 The developer shall pay the Regional Transportation Impact Fee (RTIF) in effect at the time of development. A-2OA N OZ CITY Of BAKERSFIEL0 ZONING MAP SEC 13 1~29 s. LEGEND R. 26E. EXHIBIT 3 LEGAL DESCRIPTION Zone Change Case P99-0701 A-20A (Agriculture - 20 Acre) to R-I (One Family Dwelling) Lots 14, 15 and 16 in Section 13, Township 29 South, Range 26 East, M.D.B. &M. CONTAINING 56.73 ACRES Assessor's Parcel Nos: 462-032-23 and 462-032-24 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 24th day of February , 2000 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3954 , passed by day of February 2000 the Bakersfield City Council at a meeting held on the 23rd and entitled: AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 101-13 BY CHANGING THE ZONING OF CERTAIN PROPERTY IN THE CITY OF BAKERSFIELD GENERALLY LOCATED AT THE NORTHWEST CORNER OF NORIEGA ROAD AND JEWETTA AVENUE FROM A-20A (AGRICULTURE-20 ACRE MINIMUM) TO R-1 (ONE FAMILY DWELLING). /s/PAMELA A. McCARTHY City Clerk of the City of Bakersfield DEPU'I%( City ClerE"~ ~ -- S:\DOCU M E NT~AOPOSTI NG February 24, 2000