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 .........
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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
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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