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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. 3 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. 4 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 S:\GPA 3rd Qtr 2000~P00-0474 (Froehlich)\RESOLLAOrd ZC ccl.WPD November 8, 2000 6 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. S:\GPA 3rd Qtr 2000~30-0474 (Froehlich)~RESOLU~E~h~it A ,wpd ¢-2 MH E (SaC rain,) E (.5 ac. miff.) E E R-2 E 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. S:\GPA 3rd Qtr 2000\P00-0474 (Froehlich)\Legal Descr Parc Jenkins.wpd 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 '~ -- S:\Docum ent\FORMS~AOP.ORD.wpd November 30, 2000