HomeMy WebLinkAboutORD NO 4239ORDINANCE NO.
4239
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO.
123-36 BY CHANGING THE ZONING FROM R-1 (ONE FAMILY
DWELLING) TO C-1 (NEIGHBORHOOD COMMERCIAL) ZONE
ON 4.03 ACRES AND FROM R-I TO C-1 ON 7.02 ACRES
LOCATED ALONG THE WEST SIDE OF STATE ROUTE 99,
GENERALLY SOUTH OF HOSKING AVENUE. (ZC 04-0867)
(Ward 7).
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 headng on a
petition by PORTER-ROBERTSON ENGINEERING, for Jon Balfanz to change the land use zoning
of those certain property in the City of Bakersfield located along the south side of Hosking Avenue,
generally west of State Route 99; and
WHEREAS, by Resolution No. 176-04 on December 9, 2004, the Planning Commission
recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to
approve C-1 (Neighborhood Commemial) zone on 7.02 acres and R-1 (One Family Dwelling) zone
on 4.03 acres as delineated on attached map marked Exhibit "B", 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 R-1 (One Family Dwelling) to C-1 (Neighborhood
Commemial) on 4.03 acres and from C-1 to R-1 on 7.02 acres 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, the Planning Commission and this Council; and
WHEREAS, a Negative Declaration for the proposal was advertised and posted on May 14,
2004, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows commercial 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.
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. ,~ i~
The public necessity, general welfare and good zoning practice justify the
recommended change of zone to C-1 (Neighborhood Commercial) on 4.03 acres
and to R-1 (One Family Dwelling) on 7.02 acres located generally east of State
Route 99, south of Hosking Avenue.
The project site, with prior approval of General Plan Amendment No. 04-0867, is
designated LR (Low Density Residential) and GC (General Commercial) on the
Metropolitan Bakersfield General Plan Land Use Plan.
The recommended zone change will reflect the previously adopted General Plan
Amendment No. 04-0867.
8. The recommended zone change is compatible with the surrounding uses.
The recommended zone change is consistent with the Metropolitan Bakersfield
General Plan, subject to prior approval of General Plan Amendment No. 04-0867.
10.
That the applicant by prior agreement agreed to comply with all adopted mitigation
measures contained within the Negative Declaration for this project.
11.
That Zone Change No. 04-0867 is hereby approved as recommended by staff with
mitigation measures adopted in the Negative Declaration.
12.
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 C-1 (Neighborhood
Commercial) on 4.03 acres and to R-1 (One Family Dwelling) zone on 7.02 acres on
Map No. 123-36, of that certain property being annexed to the City of Bakersfield as
described in Exhibit "C" herein attached.
13.
That Zone Change No. 04-0867, as outlined above, is hereby recommended for
approval with mitigation and conditions of approval shown on Exhibit "A", subject to
prior approval of General Plan Amendment No. 04-0867.
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.
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 the 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", and subject to prior approval of General Plan Amendment No.
04-0867.
2
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.
......... 000 ........
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 BAAn ~ ~ ~nnq , by the
following vote: ,/ ~,/ t/ i,/ /../ "/ ~/
COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER
: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
PAMELA A. McCARTHY, CMC(/
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attomey
Attachments: Exhibit A- Conditions of Approval
Exhibit B - Map
Exhibit C - Legal Description
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EXHIBIT A
Conditions of Approval
General Plan Amendment/Zone Change No. 04-0867
No archaeological resources were identified on the project site, however, the section of
the Buena Vista Canal running through the site is to be relocated along the northern
edge of the project area. If archaeological resources associated with the Buena Vista
Canal relocation are encountered during the course of construction, a qualified
archaeologist shall be consulted for further evaluation and any measures shall be
complied with at that time. (Mitigation Measure).
The developer shall pay the Regional Transportation Impact Fee in accordance with the
City Public Works Department. (Mitigation Measure).
If human remains are discovered or identified on the project site at any time or during
site disturbance, work shall stop at the location of the find and the Kern County Coroner
shall be notified immediately (Section 7050.5 of the California Health and Safety Code
and Section 5097.98 of the California Public Resources Code which detail the
appropriate actions necessary for addressing the find) and the local Native American
community shall be notified immediately. (Mitigation Measure).
A Caline Study addressing carbon monoxide emissions (CO) and a Health Risk
Assessment (HRA) to address diesel toxics shall be submitted with any future tentative
tract map for the GPNZC project site near State Route 99 (SR-99) or the tentative tract
map shall be designed not to allow single family dwellings along the west side of SR-99,
south of Hosking Avenue (the existing GC site to be changed to LR for this project).
Any tentative tract proposal on the project site shall be sent to the San Joaquin Valley
Air Pollution Control District for review. (San Joaquin Valley Air Pollution Control
District Mitigation Measure).
Prior to filing a final map within 700 feet westerly of State Route Highway 99, the
subdivider of the project site shall construct a 15-foot high masonry wall, as measured
from the highest adjacent grade, along the entire Highway 99 right-of-way for noise
attenuation. The subdivider may, at the expense of the subdivider, submit an undated
noise study prior to submittal of a tentative tract map and/or recordation of a final tract
map, which provides acceptable noise attenuation mitigation measures to lesson the
noise impact to less than significant. The subdivider shall be required to obtain the
required permits and approvals from the City of Bakersfield and CalTrans prior to
construction. (Planning Condition).
Public health, welfare and safety and necessary for orderly development.
Recommended in studies prepared for similar residential subdivisions along the
west side of Highway 99 in the general area as the project site.
The studies are:
Exhibit A
Conditions of Approval
GPA/ZC 04-0867
Page 2
"Acoustical Analysis Tract No. 5446," Brown-Buntin Assoc., December 28, 1990.
"Acoustical Analysis tract No. 5446," Gordan Bricken & Assoc., May 15, 2001.
Public Works Conditions:
With the submittal of any development plan, tentative subdivision map, or application
for a lot line adjustment, the following shall occur:
Provide fully executed dedication for Hughes Lane to collector standards and
Hosking Avenue to arterial 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.
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.
Submit a comprehensive drainage study. Site any drainage retention facility on
the periphery of the GPA area to facilitate future expansion or consolidation of
drainage facilities as adjacent areas develops. The study shall be approved and
any retention sites and piping systems shall be dedicated to the City.
As there will be a future southbound on-ramp to Highway 99, Hughes Lane alignment
shall be relocated to the west. The realignment shall be per the plans submitted on
Tract 6353.
Access to Hosking Avenue shall be limited. A full access shall only be allowed at
Hughes Lane. Other access to Hosking Avenue shall be determined at time of division
or development. Determination of whether a right turn lane is required at the access
street(s) will also be made at the time of division or development.
The entire area covered by this General Plan Amendment shall be included in the
Consolidated Maintenance District. The applicant shall pay all fees for inclusion in the
Consolidate Maintenance District with submittal of any development plan, tentative
subdivision map, Site Plan Review, or application for a lot line adjustment for any
portion of this GPA area.
10. Traffic Comments:
A Traffic Analysis dated July 13, 2004, was prepared by Porter-Robertson Engineering
justifying that no justifying that no detailed traffic study is required. The analysis shows
Exhibit A
Conditions of Approval
GPAJZC 04-0867
Page 3
the change will result in an insignificant increase in potential trip generation (76 PM
peak hour trips) which is below thresholds established by the City and Caltrans (100
peak hour trips). We concur with the findings of the analysis and recommend that the
development be required to pay into the adopted Regional Traffic Impact Fee fixed rate
program. The fee program improvements mitigate impacts of the existing densities and
therefore will do so due to the minor increase.
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EXHIBIT "C"
LEGAL DESCRIPTION
FOR
GPA / ZONE CHANGE 04-0867
A General Plan Amendment and Zone Change affecting Lots 3, 4 and 5 of Section 36,
Township 30 South, Range 27 East, Mount Diablo Meridian, in the City of Bakersfield,
County of Kern, State of California, according to Sales Map No. I of the Lands of J.B.
Haggin filed May 3, 1889 in the office of the Kern County Recorder; Excepting
therefrom, that portion said Lot 3 lying within, northerly and northeasterly of the South
and southweseterly Right-of-Way line of State Route VI-KER-99 as conveyed to the
State of California per deed recorded March 16, 1960 in Book 3249 at Page 77 of Official
Records in the office of the Kern County Recorder.
LR to GC & RI to CI
The South 320.00 feet of the North 620.00 feet of said Lot 5 and the South 320.00 feet of
the West 295.00 feet of the North 620.00 feet of said Lot 4.
Contains 7.02 acres (305,882 square feet) more or less.
GC to LR & CI to RI
The North 300 feet of said Lot 4 and the North 300 t~et that portion of said Lot 3 lying
South and southwesterly of the South and southwesterly Right-of-Way line of State Route
VI-KER-99 as conveyed to the State of California per deed recorded March 16. 1960 in
Book 3249 at Page 77 of Official Records in the office of the Kern County Recorder;
Excepting therefrom;
The West 295.00 leet of said Lot 4.
Contains 4.03 acres (175,593 square feet) more or less.
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 31st day of March ,2005 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4239 , passed by the
Bakersfield City Council at a meeting held on the 30th day of March, 2005 and
entitled:
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO.
123-36 BY CHANGING THE ZONING FROM R-1 (ONE FAMILY
DWELLING) TO C-1 (NEIGHBORHOOD COMMERCIAL) ZONE
ON 4.03 ACRES AND FROM R-1 TO C-1 ON 7.02 ACRES
LOCATED ALONG THE WEST SIDE OF STATE ROUTE 99,
GENERALLY SOUTH OF HOSKING AVENUE (ZC 04-0867)
(Ward 7).
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
r
DEP Clerk
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