HomeMy WebLinkAboutORD NO 3988ORDINANCE NO. ~ 9 ~ ~
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO.
101-26 BY CHANGING THE ZONING FROM C-1
(NEIGHBORHOOD COMMERCIAL), R-2 (LIMITED MULTIPLE
FAMILY DWELLING) AND E (ESTATE) ZONES TO E (ESTATE)
ZONE ON 10.9 ACRES, THE SITE IS GENERALLY LOCATED
NORTH OF BRIMHALL ROAD, BETWEEN ALLEN ROAD AND
JENKINS ROAD, SOUTH OF ROSEDALE HIGHWAY. (GPA#
P00-0474).
WHEREAS, in accordance with the procedure set forth in the provisions of Title 17
of the Bakersfield 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 or being annexed to the City of Bakersfield, generally located north of Brimhall Road,
between Allen Road and Jenkins Road, south of Rosedale Highway; and
WHEREAS, by Resolution No. 91-00 on September 21, 2000, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Bakersfield Municipal Code to approve E (Estate) zone as delineated on attached Zoning Map No.
101-26 marked Exhibit "B" - Planning Commission Recommendation, to 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 discussion at the public hearing centered
around approving the General Commercial designation on 15 net acres, with a PCD (Planned
Commemial Development) zone for the northwest corner of Brimhall and Allen Roads; and
WHEREAS, the applicant rejected the option for a PCD zone; and
WHEREAS, the Planning Commission recommended denial of the proposed C-2
(Regional Commercial) zone expansion at the corner of Brimhall and Allen Roads; 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 and changes in zoning
of the subject property from C-1 (Neighborhood Commercial) and R-2 (Limited Multiple Family
Dwelling) to E (Estate) zone and the Council has considered said findings and all appear to be true
and correct; and
WHEREAS, the proposed project was from C-1 (Neighborhood Commercial), R-2
(Limited Multiple Family Dwelling) and E (Estate) to E (Estate) and C-2 (Regional Commercial)
zones on 33.65 acres; and
WHEREAS, for the above-described project, an Initial Study was conducted and it
was determined that the proposed project would not have a significant effect on the environment,
therefore, a Negative Declaration was prepared for the project in accordance with the California
Environmental Quality Act (CEQA); and
WHEREAS, the applicant has agreed to implement all mitigation measures identified
in the environmental analysis contained within the Negative Declaration for the proposed project;
and
WHEREAS, the law and regulations relating to the preparation and adoption of
Negative Declarations, as set forth in CEQA and the 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 was prepared for the proposed project and was
advertised and posted in accordance with CEQA; and
WHEREAS, the northern portion of the site was annexed to the City of Bakersfield
on August 22, 2000; and
WHEREAS, the southern portion of the site is the subject of an annexation that is
being processed; and
WHEREAS, the general plan designations for this area allows residential, subject
to prior approval of General Plan Amendment P00-0474 as recommended by the Planning
Commission; and
WHEREAS, the City Council has considered the project proposal and hereby makes
the following findings:
1. All above recitals are true and correct.
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 a notice of public
was sent to property owners within 300 feet of the project site. The Negative
Declaration was prepared for the proposed project in accordance with CEQA.
5. That this project was the subject of a Negative Declaration.
That the applicant by prior written agreement agreed to comply with all adopted
mitigation measures contained within the negative declaration.
That the Negative Declaration for Zone Change No. P00-0474 is recommended for
approval by the Planning Commission.
That this project was the subject of a Negative Declaration and the entire
environmental record is hereby adopted and incorporated herein by reference.
o
10.
11.
12.
13.
14,
15.
16.
17,
18.
19.
20.
That a portion of the requested Zone Change P00-0474 was recommended for
approval by the Planning Commission from C-1 (Neighborhood Commercial), and
R-2 (Limited Multiple Family Dwelling) to E (Estate) zone on 10.9 acres with
mitigation measures adopted in the Negative Declaration and conditions of approval
for the project.
That the Planning Commission discussion at the September 21, 2000, public
hearing centered around recommending approval of the General Commercial
designation with a PCD zone on 15 net acres at the northwest corner of Brimhall
and Allen Roads.
That the applicant rejected the option by the Planning Commission for a PCD zone
at the northwest corner.
That the infrastructure exists or can easily be provided to accommodate the types
of density and intensity of the proposed development.
The northern portion of the project site is a part of an irregular shaped parcel
consisting of 144 acres that was annexed to the City of Bakersfield on August 22,
2000.
The southern portion of the project site is a part of an irregular shaped parcel
consisting of 94.5 acres that is being annexed to the City of Bakersfield,
The public necessity, general welfare and good zoning practice justify the
recommended change of zone to E (Estate) zone on 10.90 acres generally located
north of Brimhall Road, between Allen Road and Jenkins Road, south of Rosedale
Highway.
The public necessity and general welfare justify the Planning Commission
recommendation to deny the change of zone to C-2 (Regional Commercial) zone
on 12.75 acres located at the northwest corner of Brimhall and Allen Roads,
The project site, with prior approval of General Plan Amendment No. P00-0474 as
recommended by the Planning Commission, is designated SR (Suburban
Residential) on the Metropolitan Bakersfield 2010 General Plan Land Use Plan.
The recommended Zone Change No. P00-0474 will reflect the previously adopted
General Plan Amendment No. P00-0474.
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-
0474.
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21.
22.
follows:
1.
6,
7,
8.
9.
That Section 17.06.020 (Zoning Map) of the Municipal Code of the City of
Bakersfield is recommended by the Planning Commission for amendment by
changing the land use zoning from C-1 (Neighborhood Commercial) and R-2
(Limited Multiple Family Dwelling) zones to an E (Estate) zone on 10.90 acres
generally located north of Brimhail Road, between Alien Road and Jenkins Road,
south of Rosedale Highway.
That Zone Change No. P00-0474, as outlined above, has been recommended by
the Planning Commission for approval with mitigation and conditions of approval,
subject to prior approval of General Plan Amendment No. P00-0474.
SECTION 1.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as
The above recitals and findings are true and correct and constitute the findings of
the City Council in this matter.
Ail 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 notice
for a proposed 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 this project was the subject of a Negative Declaration and the entire
environmental record is incorporated herein by reference.
That infrastructure exists or can easily be provided to accommodate the types and
intensities of the proposed development.
That a portion of the project site is part of an irregular shaped parcel consisting of
144 acres that was annexed to the City of Bakersfield on August 22, 2000.
That a portion of the project site is part of an irregular shaped parcel consisting of
94.5 acres which is in the process of being annexed to the City of Bakersfield.
The public necessity, general welfare and good zoning practice justify the
recommended change of zone to an E (Estate) zone on 10.90 acres located
generally north of Brimhall Road, between Allen Road and Jenkins Road, south of
Rosedale Highway and denial of the C-2 expansion on 12.5 net acres at the
northwest corner of Brimhall Road and Allen Road.
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10.
The site, with prior approval of General Plan Amendment No. P00-0474, is
designated SR (Suburban Residential) and GC (General Commercial) on the
Metropolitan Bakersfield 2010 General Plan Land Use Plan.
11.
The recommended Zone Change No. P00-0474 will reflect the previously adopted
General Plan Amendment No. P00-0474 and intent of the Planning Commission's
discussion at the September 21,2000, public hearing.
12. The recommended zone change is compatible with the surrounding uses.
13.
The recommended zone change is consistent with the Metropolitan Bakersfield
2010 General Plan, subject to prior approval of General Plan Amendment P00-
0474.
14.
That the applicant by prior agreement agreed to comply with all adopted mitigation
measures contained within the Negative Declaration for the project proposal.
15.
That Zone Change P00-0474 is hereby approved to E (Estate) with mitigation
measures adopted in the Negative Declaration.
16.
That Section 17.06.020 (Zoning Map) of the Municipal Code of the City of
Bakersfield be amended by changing the land use zoning from C-1 (Neighborhood
Commercial) and R-2 (Limited Multiple Family Dwelling) to an E (Estate) zone on
10.9 acres as shown on Map No. 101-26 attached hereto as Exhibit "B", of that
certain property in said City or being annexed to the City of Bakersfield as described
in Exhibit "C" attached hereto.
17.
That Zone Change No. P00-0474, as outlined above, is hereby approved with
mitigation and conditions of approval shown on Exhibit"A", subject to prior approval
of General Plan Amendment No. P00-0474.
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.
~J~fC~INAL
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 NOV 2 9 Z{]~0 ,
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, GREEN, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNClLMEMBER
COUNClLMEMBER
CITY CLERK and Ex Officio CI~I~ of the
Council of the City of Bakersfield.-J
APPROVED. NOV 29 2000
MAYOR of the City of Bakersfield
APPROVED as to form:
BART THILTGEN
City Attorney
Exhibits:
A. Mitigation and Conditions.
B. Zone Map No. 101-26.
C. Legal Description
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November 8, 2000
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EXHIBIT "A"
General Plan Amendment/Zone Change No. P00-0474
Mitigation Measures/Conditions of Approval
CULTURAL RESOURCES
If any human remains are discovered, all work shall stop until the Kern County Coroner has
been notified and has evaluated the remains. If any other archaeological artifacts are
discovered during site development all work shall stop until the find has been evaluated by a
qualified archaeologist or historian. (Mitigation).
TRAFFIC AND CIRCULATION
Along with submittal of any development plan, tentative subdivision map, or application for a
lot line adjustment, the following shall occur:
Provide fully executed dedication for Allen Road, Brimhall Road and Jenkins Road to
collector or 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. (Condition by Public Works Dept.).
3. Upon development or division, the following conditions shall be met:
Installation of street lights shall be of the type and wattage as indicated in the revised
Engineering and Subdivision Design Manual. (Condition by Public Works Dept.).
Access to the arterial and collector streets will be limited and 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. 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, (Condition by Public Works Dept.).
Development on the commercial site shall be subject to the Traffic Impact Fee as determined
by the traffic study for this project - $1,936.38 per 1,000 SF. (Condition by Public Works
Dept.).
PLANNING
Prior to development of commercial at the northwest corner of Brimhall and Allen Roads,
the developer shall submit and receive approval of a PCD (Planned Commercial
Development) zone on 15 net acres.
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CITY OF BAKERSFIELD
ZONING MAP
SEC. 26 "E 29 s. R. 26 E.
LEGEND
EXHIBIT "C"
ZONE CHANGE NO. P00-0474
PLANNING COMMISSION RECOMMENDATION
C-1 ZONE TO E ZONE
PARCEL 1 OF PARCEL MAP NO. 8392 FILED IN BOOK 37 OF PARCEL MAPS AT
PAGE 189 IN THE OFFICE OF THE KERN COUNTY RECORDER.
CONTAINING 5.90 ACRES (GROSS) MORE OR LESS.
R-2 ZONE TO E ZONE
PARCEL 2 OF PARCEL MAP NO. 8392 FILED IN BOOK 37 OF PARCEL MAPS AT
PAGE 189 IN THE OFFICE OF THE KERN COUNTY RECORDER.
CONTAINING 5.00 ACRES (GROSS) MORE OR LESS.
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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 30TH day of November , 2000 she posted on the Bulletin Board at
City Hall, a full, true and correct copy of the following: Ordinance No. 3988 , passed by
the Bakersfield City Council at a meeting held on the 29TH day of November 2000
and entitled:
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD
MUNICIPAL CODE AND ZONING MAP NO. 101-26 BY CHANGING THE
ZONING FROM C-1 (NEIGHBORHOOD COMMERCIAL), R-2 (LIMITED
MULTIPLE FAMILY DWELLING) AND E (ESTATE) ZONES TO E (ESTATE)
ZONE ON 10.9 ACRES, THE SITE IS GENERALLY LOCATED NORTH OF
BRIMHALL ROAD, BETWEEN ALLEN ROAD AND JENKINS ROAD,
SOUTH OF ROSEDALE HIGHWAY.
/s/PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
DEPUT~ City Clerk '~ --
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November 30, 2000