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HomeMy WebLinkAboutORD NO 3973ORDINANCE NO. 3 9 7 3 AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 102-30 BY CHANGING THE ZONING FROM C-1 (NEIGHBORHOOD COMMERCIAL) AND E (ESTATE) TO R-2 (LIMITED MULTIPLE FAMILY DWELLING) ZONE ON 3.58 ACRES GENERALLY LOCATED ALONG THE NORTH SIDE OF BRIMHALL ROAD, EAST OF JEWETTA AVENUE. (GPA P00- 0238) 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 north side of Brimhail Road, east of Jewetta Avenue. WHEREAS, by Resolution No.65-00 on June 15, 2000, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve R-2 (Limited Multiple Family Dwelling) zone as delineated on attached map marked Exhibit "B", 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 C-1 (Neighborhood Commercial) and E (Estate) to R-2 (Limited Multiple Family Dwelling) zone 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 for the proposal was advertised and posted on April 28, 2000, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows multiple residential development; and WHEREAS, the City Council has considered and hereby makes the following findings: The above recitals and findings are true and correct and constitute the findings of the Planning Commission in this matter. 2. All required notices have been given. The provisions of the California Environmental Quality Act (CEQA) have been followed. 9. 10. 11. 12. 13. 14. Based on the initial study and comments received, staff has determined that the proposed project could not have a significant effect on the environment. A Negative Declaration was prepared and sent to responsible agencies and property owners within 300 feet of the project site. A Negative Declaration was prepared for this project in accordance with CEQA. That infrastructure exists or can easily be provided to accommodate the types and intensities of the proposed development. The public necessity, general welfare and good zoning practice justify the recommended change of zone to R-2 (Limited Multiple Family Dwelling) on 3.58 acres located generally along the north side of Brimhall Road, east of Jewetta Avenue. The project site, with prior approval of General Plan Amendment No. P00-0238, is designated LMR (Low Medium Density Residential) on the Metropolitan Bakersfield 2010 General Plan Land Use Plan. The recommended zone change will reflect the previously adopted General Plan Amendment No. P00-0238. The recommended zone change is compatible with the surrounding uses. The recommended zone change is consistent with the Metropolitan Bakersfield 2010 General Plan, subject to prior approval of General Plan Amendment P00- 0238. That the applicant by prior agreement agreed to comply with all adopted mitigation measures contained within the Negative Declaration for this project. That Zone Change P00-0238 is hereby approved as recommended by staff with mitigation measures adopted in the Negative Declaration. That Section 17.06.020 (Zoning Map) of the Municipal Code of the City of Bakersfield be amended by changing the land use zoning to R-2 (Limited Multiple Family Dwelling) on 3.58 acres on Map No. 102-30, of that certain property in said City of Bakersfield as described in Exhibit "C" herein attached. That Zone Change No. P00-0238, as outlined above, is hereby recommended for approval with mitigation and conditions of approval shown on Exhibit "A", subjectto prior approval of General Plan Amendment No. P00-0238. follows: SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as All of the foregoing recitals are hereby found to be true and correct. The Negative Declaration is hereby approved and adopted. 2 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 the map marked Exhibit "B" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "C ". Such zone change is hereby made subject to the conditions of approval listed in attached Exhibit "A", subject to approval of General Plan Amendment No. P00-0238. 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. 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 AUG 3 0 Z000 , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER CiTY CLERK and Ex Officio Cle~'/of the Council of the City of Bakersfield APPROVED MAYOR of the City of Bakersfield APPROVED as to form: BART THILTGEN City Attorney By: mo:pas S:\Gpa-dune\P00-O238\Res~ozc-cc.wpd 4. 5. 6. EXHIBIT A GPA/ZC P00-0238 Mitigation Measures/Conditions of Approval In order to mitigate the impacts of any development of the site on the kit fox (a Federally-listed endangered species), the applicant must follow the Advisory Notice, detailing the Interim Mitigation Measures established for the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP). These measures are necessary to prevent unauthorized take of foxes and to offset any losses to kit fox habitat resulting from on-going construction activities.(Mitigation). If cultural resources (archaeologicag or historical) should be discovered on the site during any construction activity, construction shall cease and the Cultural Resource Facility at California State University Bakersfield shall be notified of such discovery, At such time the applicant shall contract with the Cultural Resource Facility or other qualified archaeologist to conduct a survey of the site and recommend disposition of resource finds. (Mitigaiton). If human remains are discovered at any time, work must be halted and the Kern County Coroner immediately contacted (Health and Safety Code Section 7050.5, Section K CEQA). (Mitigation). Prior to the issuance of a building permit within the project area, school impact fees, in accordance with all applicable laws, shall be paid for the purpose of providing school facilities. (Mitigation). Applicant/developer shall dedicate 0.399 acres of park land to North Bakersfield Recreation and Park District or contribute in-lieu fees to said "district." (Mitigation). The City's normat fire protection service flows are 2500 gallons per minute (g.p.m.). In certain areas and in certain zoning, fire flow requirements (as determined by the City and/or County Fire Department) are in excess of the 2500 g.p.m. limit. Fire flow requirements in excess of 2500 g.p.m. shall require developer fees of $ 0.50 per g.p.m. per acre in excess of 2500 g.p.m. or equivalent facilities. (Mitigation). Prior to filling a final tract/parcel map, the developer/owner shall record a covenant for each lot in the subdivision prohibiting the export of groundwater from the subdivision except by the water purveyor that is serving the subdivision. The individual property owner is not restricted from using the groundwater under their land for use on their overlying subdivided land. (Mitigation). City fees for inspection of installation of water facilities are currently calculated at four (4%) pement of the estimated construction costs of the in-tract water facilities. In addition, a $10.00 meter installation fee for each service will be assessed for two inch (2") and less in size. The inspection fees are due and payable to the City by the land owner/developer within thirty (30) days of invoice. (Mitigation). Prior to final recordation of the map for the subdivision, water availability fees for water service facilities are due and payable. Fees are authorized by Bakersfield Municipal Code 14.04.120 (B.) And set by the City of Bakersfield Water Board with concurrence of the Bakersfield City Council. As of this date, the fees are set $ 2,000.00 per gross acre. This tract contains approximately 8 acres, therefore, fees due are $16,000.00. However, the fees may be paid upon further sub- division or phasing of the tract. (Mitigation). Exhibit A GPA/ZC P00-0238 Page 2 10. 11. 12. 13. 14. 15. All water mains, service connections, and fire hydrants shall be installed by developer and dedicated to the City. Plans and specifications for such water mains and appurtenances shall be prepared by or approval of plans for installation shall be by the City of Bakersfield. All improvements must be installed or bonded for prior to the City issuing a letter guaranteeing a water supply. (Mitigation). Dedication of right-of-way to arteriaB standards will be required for the full frontage of the Zone Change on Brimhall Road. Dedication of right-of-way to collector standards will be required for the full frontage of the Zone Change on Jewetta Avenue, Dedication shall include the intersection expansion. Said dedication shall be submitted to the Public Works Department, signed and ready to record, prior to the GPA/ZC being heard by the City Council. (Public Works Condition). Upon further development, the following conditions shall be met: Construction of full improvements, not including the landscaped median, for Jewetta Avenue shall be done in one segment. Construction of full improvements, not including the landscaped median, for Brimhall Road shall be done in no more than two segments. However, the first development with frontage on Brimhall Road shall be responsible for an additional travel lane. (Public Works Condition) From a traffic generation perspective, this GPA will result in a less intense land use than could previously be developed and therefore no traffic impact study was required or is necessary. The development is required to pay the Council adopted Regional Transportation Impact Fees. (Public Works Condition), Access to the arterial streets will be limited and determined at time of development. Determination of whether a right turn lane is required at the access will also be made at the time of development. A full access opening will only be considered if the developer funds and installs a traffic signal at the site entrance. Said signal will only be permitted if a signal synchronization study is submitted and approved, which shows progression is not adversely affected. (Public Works Condition) The following conditions for General Plan Amendment 2-93, Segment Ill, Zone Change No. 5458 shall apply to this GPA/ZC. See below. GPA 2-93, SEGMENT III, ZC NO. 5458 CONDITIONS OF APPROVAL Public Works: Upon further development or subdivision within the GPA or zone change area, a traffic study shall be submitted identifying impacts from the development and the proposed mitigation of these impacts including the pementage share of the cost of specific improvements required as a part of the proposed mitigation. Access to Brimhall Road is restricted and shall meet City Standards for location and separation; The location of access point(s) shall be determined at the time of further subdivision or at the time of site plan review. Exhibit A GPA/ZC P00-0238 Page 3 Upon further development or subdivision within the GPA or zone change area, the subdivision/developer shall submit a comprehensive drainage study of the area bounded by Jewetta Avenue on the west, Brimhall Road on the south, the west line (or a projection thereof) of Tentative Tract 5417 on the east, and the south line (or a projection thereof) of Tentative Tract 5334 on the north. The drainage study should include, but not necessarily be limited to, drainage calculations, pipe sizes and locations, the drainage basin site and size, and construction phasing. The drainage study shall be submitted to and approved by the City Engineer. S:\Gpa-June\P00-0238\Exhibit A.wpd F -1 EXHIBn' PROPOSED R-2 ZONE (FROM C-1 ZONE) ALL THAT PORTION OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 30, TOWNSHIP 29 SOUTH, RANGE 27 EAST, M.D.M., CiTY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, BEING DESCIRBED AS FOLLOWS: THE EAST 63.00 FEET OF THE WEST 923.97 FEET OF SAID SOUTH HALF. EXCEPTING THEREFROM THE NORTH 102.00 FEET THEREOF. CONTAINING 35,153 SQUARE FEET, OR 0.81 ACRES, MORE OR LESS. PROPOSED R-2 ZONE ('FROM E ZONE) ALL THAT PORTION OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 30, TOWNSHIP 29 SOUTH, RANGE 27 EAST. M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, BEING DESCIRBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE N.89°06'56"W. ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER A DISTANCE OF 180.46 FEET; THENCE DEPARTING SAID 8OUTH LINE, N.00°52'03"E., 330.23 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 300.00 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 07'24'07" AN ARC DISTANCE OF 38.76 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 300.00 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 07°24'07" AN ARC DISTANCE OF 38.76 FEET; THENCE N.00°52'03"E., 252.73 FEET TO THE NORTH LINE OF SAID SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHVVEST QUARTER; THENCE S.89°07'55'E. ALONG SAID NORTH LINE A DISTANCE OF 185.46 FEET TO THE NORTHEAST CORNER OF SAID SOUTH HALF; THENCE S.00°52'03"VV. ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER OF THE 8OUTHWEST QUARTER A DISTANCE OF 660.31 FEET TO THE POINT OF BEGINNING. CONTAINING 120,611 SQUARE FEET, OR 2.77 ACRES, MORE OR LESS. 99-072/KARPEZON.DOC/MARCH 17, 2000/JFK ORiG!NAL AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) 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 31 th day of August , 2000 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3973 , passed by the 30th day of August 2000 and Bakersfield City Council at a meeting held on the entitled: AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 102-30 BY CHANGING THE ZONING FROM C-1 (NEIGHBORHOOD COMMERCIAL) AND E (ESTATE) TO R-2 (LIMITED MULTIPLE FAMILY DWELLING) ZONE ON 3.58 ACRES GENERALLY LOCATED ALONG THE NORTH SIDE OF BRIMHALL ROAD, EAST OF JEWETTA AVENUE. (GPA P00-0238) /s/PAMELA A. MCCARTHY City Clerk of the City of Bakersfield S:\DOOumen~FORMS~AOP.ORD.Wpd August 31, 2000