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HomeMy WebLinkAboutORD NO 3727ORDINANCE NO. 8 7 2 '~ AN ORDINANCE RESCINDING CONDITION NOS. 1-3, 5, 6 AND 10 OF ORDINANCE NO. 3633 FOR CERTAIN PROPERTY IN THE CITY OF BAKERSFIELD LOCATED ALONG THE NORTH SIDE OF BRIMHALL ROAD BETWEEN JEWETTA AVENUE AND OLD FARM ROAD (ZC P96-0419). 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 rescind condition Nos. 1-3, 5, 6 and 10 of Ordinance No. 3633 for certain properties in the City of Bakersfield generally located along the north side of Brimhall Road between Jewetta Avenue and Old Farm Road; and WHEREAS, by Resolution No. 63-96 on June 20, 1996, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to rescind condition Nos. 1-3,5, 6 and 10 of Ordinance No. 3633 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 rescinding condition Nos. 1-3, 5, 6 and I0 of Ordinance No. 3633 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 was advertised and posted on May 24, 1996, in accordance with CEQA: and WHEREAS, the general plan designation for this area allows residential development; and WHEREAS, the City Council has considered and hereby makes the following findings: 1. All required notices have been given. 2. The provisions of the California Environmental Quality Act have been followed. 3. The proposed project will not have a significant effect on the environment. 4. The Negative Declaration adopted for Zone Change No. 5599 is adequate to be readopted and to serve as the Negative Declaration for Zone Change No. P96- 0419. 5. The proposed rescission of Condition Numbers 1-3.5, 6 and 10, is consistent with the zoning ordinance. 6. The proposed rescission of Condition Nos. 1-3, 5, 6 and 10 is consistent with the existing zoning districts and proposed land uses in this general area. 7. Condition No. 11, addressing school impact mitigation, of Ordinance No. 3633 approving Zone Change No. 5599 is necessary to ensure that school impacts are adequately mitigated. 8. Condition No. 5, prohibiting public alley right-of-way along the sites north boundary, of Ordinance No. 3633 approving Zone Change No. 5599 is necessary to ensure an alley is not constructed at such location. 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. Condition Nos. 1-3.5.6 and 10 of Ordinance No. 3633 are hereby rescinded for that certain property in the City of Bakersfield of which property is shown on location map marked Exhibit "B". 4. The developer may gain one residential lot by virtue of the closure of Greenhaven Street. 5. Rescinding of such conditions is hereby made subject to conditions of approval listed in attached Exhibit "A". 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. ......... o0o ......... 2 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 $£P 1 1 l_q~q , by the following vote: . ACtlflg CITY CLERK and Ex Offti:io Clerk of the Council of the City of Bakersfield APPROVED $EP 1 1 lt30~ BOB PRICE MAYOR of the City of Bakersfield APPROVED as to form: JUDY SKOUSEN CITY ATTORNEY RED:pjt res\ozc0419 August 27, 1996 4 EXHIBIT "A" Conditions of Approval Zone Change P96-0419 Prior to issuing any building permit for residential construction within the project area, the City of Bakersfield Building Department must have received written certification from both the Kern High School District and the Rosedale Union School District that the project's effect on its public school facilities have been or will be adequately mitigated. Future residential or other development on the site shall not incorporate any public alley right-of- way adjacent to the northerly site boundary. As recommended by the Planning Commission, the minimum lot size for the subject site shall not be less than 18,000 square feet. Prior to issuance of a building permit and subject to approval of City Engineer, applicant must comply with the proportionate share of the traffic impact mitigation cost as follows: The following shares of widening of Rosedale Highway to six lanes have been identified in the study between Jewena Avenue and Camino Del Rio. This project is identified on the regional traffic fee list with the gee paying 20%. The project is shown from Allen Road to Freeway 99 (5.75 miles) with a cost of $18,997,500 ($7,125,000 RAV and $11,872,500 construction). Assuming a uniform cost per mile this equates to $3,304,000/mile. The local share, computed and shown below, being 80% of that or $2,643,200/mile. A) Allen to Calloway 2.0 miles at 0.45% Percent share, "P", using ADT in 1,000s is: P=0.08/(33.19- 15.5)=0.45% $23,790 B) Calloway to Coffee 1.0 miles at 0.47% P = 0.08 / (44.43 - 27.5) = 0.47% $12,420 p:ea0419 GENERAL PLAN AMENDMENT/ZONE CHANGE P96-0419 RESCIND CONDITIONS 1-3,5,6 AND 10 OF RESOLUTION 35-95 AND ORDINANCE NO. 3633 SR/E(1/2)RS SR E(1/2) OLD TOWN ROAD SR R-S SR/E(1/2)RS SR R-S BIRCHHAVEN AVENUE co~v~ SR/R-S SR/R-1 a~ CONNERY WAY SR SR R-1 R-1 LONGMEADOW WAY SR/R- 1 2,5 RENDLEY BRIMHALL ';PROJECT AREA; ROAD ER E(5)RS 36 LR/A-20A EXHIBIT "C" ORDINANCE NO. S 6 ~ ~ AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP 101-25 BY CHANGING THE ZONING OF 58.4 ACRES GENERALLY LOCATED ON THE NORTHEAST CORNER OF BRIMHALL ROAD AND OLD FARM ROAD. 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 on the northeast corner of Brimhall Road and Old Farm Road; and WHEREAS. the Planning Commission did not adopt a recommendation either approving or denying the proposed zone change or associated negative declaration of environmental impact: 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 November 1, 1994, in accordance with CEQA; and WHEREAS, the general plan designation for this area, Suburban Residential, permits residential development with 14,000 sq. ft. minimum lot sizes; and WHEREAS, the City Council has considered and hereby makes the following findings: 1. All required notices have been given. 2. The provisions of the California Environmental Quality Act (CEQA) have been followed. 3. The project, as revised in accordance with staffs recommendations, will not have a significant effect on the environment. 4. Mitigation measures attached to the project as Exhibit "A" are included in the project to mitigate impacts. 5. The proposed zone change, as revised in accordance with staffs recommendation and conditioned as set forth in Exhibit "A", is compatible with existing surrounding zoning classifications and area development 6. The proposed zone change, as revised and conditioned, is consistent with the Metropolitan Bakersfield 2010 General Plan. 7. The project proponent has agreed to a condition of approval which will restrict future lot sizes adjacent to the northerly project boundary to no less than 18,000 square feet. SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: 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. 101-25 marked Exhibit "B" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "C". 4. Such zone change is hereby made subject to the conditions of approval listed in attached Exhibit "A", subject to approval of GPA 4-94, Segment III. 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. 2 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 ~Ol~ 0 8 ~3 , by the following vote: AYES: COUNCILMEMBER DeMOND, CARSON, SMITH, McDERMOTT, ROWLES, CHOW, SALYAGGIO NOES: COUNCILMEMBER ~ 0 ~ e' ABSTAIN: COUNCILMEMBER ~ ~t ABSENT: COUNCILMEMBER ~1 ~n ~ Assistant CITY CLERK and Ex Officio ~erk Council of the City of Bakersfield of the APPROVED BOB P~CE MAYOR of the City of Bakersfield APPROVED as to form: JUDY SKOUSEN CITY ATTORNEY BY: - LAURA C. MARINO ASSISTANT CITY ATFORNEY MJM:pjt January 9, 1995 res~o494s3zc.cc 3 EXHIBIT "A" Zone Change No. 5599 Conditions of Approval Prior to approval of land division or development proposal, an archaeological survey must be completed. Any mitigation resulting from such report shall be implemented prior to recordation of the land division map or development approval. Residential development subsequently approved on the site shall contain no more than 101 lots for single family dwellings. The minimum net residential lot area shall be no less than 14,000 square feet. All interior streets within the future residential development shall be privately maintained, and access from adjacent public streets (Brimhall Road and Old Farm Road) shall be by privately-maintained and gated accessways. · 4. Future residential development shall have no access to the existing Greenhaven Street. Future residentialdevelopment on the site shall not incorporate any public alley right-of-way adjacent to the norther.ly site boundary. Future residential development on-site shall incorporate a private, commonly-maintained park site of 1.20 acres. (NOTE: Conditional Use Permit is required for the private park facility.) Public Works Department: At the time of submission of a tentative subdivision map covering the project area, a local traffic study identifying local traffic impacts and recommending measures to mitigate these impacts will be required. Brimhall Road shall be constructed in a maximum of two phases adjacent to the project area. Brimhall Road shall be constructed with a 96' curb-to-curb width as required for arterial streets with bike lanes. Unless this property. joins the formation of an assessment district for the construction of the future trunk sewer pipeline in Allen Road, a sewer fee will be paid at the time of development within this area for this future trunk sewer pipefine. This fee will be approximately $300 per dwelling unit. 10. Conditions 1-6 shall not apply to Tentative Tract 5489 approved May 2, 1991, or to any subsequent tract submitted to subdivide the area shown as a school site on said tract. 11. Prior to issuing any building permit for residential construction within the project area, the City of Bakersfield Building Department must have received written certification from both the Kern High School District and the Rosedale Union School District that the project's effect on its public school facilities have been or will be adequately mitigated. 12. Lots along the western and northern boundaries shall be no less than 18,000 square feet in area. 13. Average lot size to be no less than 18,000 square feet. p:494s3.ea CITY OF BAKERSFIELO ZONING MAP IOI-25 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 Acting City Clerk of the City of Bakersfield; and that on the 12th day of September, 1996 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3727, passed by the Bakersfield City Council at a meeting held on the 1 lth day of September, 1996, and entitled: AN ORDINANCE RESCINDING CONDITION NOS. 1-3, 5, 6 AND 10 OF ORDINANCE NOS. 3633 FOR CERTAIN PROPERTY IN THE CITY OF BAKERSFIELD LOCATED ALONG THE NORTH SIDE OF BRIMHALL ROAD BETWEEN JEWETTA AVENUE AND OLD FARM ROAD (ZCP96-0419) /s/ PAMELA A. McCARTHY Acting City Clerk of the City of,~Bakey, sfield