HomeMy WebLinkAboutORD NO 3738ORDINANCE NO. 8 7 8 8
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND ZONING
MAP 123-17 BY CHANGING THE ZONING OF 16.2 ACRES
FROM MULTIPLE FAMILY DWELLING - !,250 SQ. FT.
MINIMUM LOT AREA PER DWELLING UNIT (R-3) TO
MULTIPLE FAMILY DWELLING - 2,500 SQ. FT.
MINIMUM LOT AREA PER DWELLING UNIT (R-2).
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
heating on a petition to change the land use zoning of those certain properties in the City of
Bakersfield generally located east of Old River Road between Campus Park Drive and Pacheco
Road; and
WHEREAS, by Resolution No. 92-96 on September 19, 1996, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve a change from Multiple Family Dwelling - 1,250 sq. ft. minimum lot
area per dwelling unit (R-3) to Multiple Family Dwelling - 2,500 sq. ft. lot area per dwelling unit
(R-2) zoning as delineated on attached Zoning Map No. 123-17 marked Exhibit "B", 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 heating, 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 Agriculture to Light
Manufacturing 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 ofBakersfield's CEQA Implementation
Procedures, have been duly followed by city staff, Planning Commission and this Council; and
WHEREAS, a Negative Declaration with mitigations was advertised and posted
on July 26, 1996, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows High Medium
Density development; and
WHEREAS, the City Council has considered and hereby makes the following
findings:
1. All required notices have been given.
been followed.
The provisions of the California Environmental Quality Act (CEQA) have
3. The proposed project will not have a significant effect on the environment.
4. Conditions of approval as shown on Exhibit "A" are included in the project
to mitigate impacts.
5. The proposed zoning .classificati9n is compatible with existing and
projected zoning and land uses in the surrounding vicinity.
6. The proposed zoning will provide for a consistent character of residential
development over the site and adjoining undeveloped land.
7. The proposed zoning will provide for an appropriate intensity of single or
multiple family development consistent with the level of circulation access and public services that
can be extended into the area.
SECTION 1.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
Bakersfield as follows:
1. All of the foregoing recitals are ¢ereby found to be true and correct.
2. The Negative Declaration is hereby approved and adopted.
3. Section 17.06.020 (Zoning Mapf 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 ,C, ity, the boundaries of which propertYlis shown on Zoning Map No. 123-17
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 madi subject to the conditions of approval
listed in attached Exhibit "A", subject to approval of GPA Case No. P96-0544.
SECTION ~.
This ordinance shall be posted in accordance with provisions of the Bakersfield
Municipal Code and shall become effective thirty (30) ~ays from and after the date of its passage.
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
i[~EC 0 4 1~ , by the following vote:
AYES: COUNCILMEMBER DeMOND, CARSON: ~ITH,~McDERMO~ SULLIVAN, SALVAGGIO
k~ES: COUNCILMEMBER
ASSTAIN: COUNCILMEMBER
ABSENT: COUNCiLMEMBER
Acting CiTY CLERK a.d Ex~, 0.~f17.%~, Clerk fif the7'
Council of the City of Baker~fi-~!d ' ~- -
APPROVED DEC 0 4 190~
city of Bakersfield
APPROVED as to fo~n~
JUDY SKOUSEN
CITY ATTORNEY
res\oz0544cc
MJM
October 4, 1996
3
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 o£Bakersfield; and
that on the $th day &December, 1996 she posted on the Bulletin Board at City Hall, a full, true and
correct copy of the following: Ordinance No. 3738, passed by the Bakersfield City Council at a
meeting held on the 4th day o£December, 1996, and entitled:
AN ORDINANCE AMENDING TITLE 17 OF TIlE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP 123-
17, BY CHANGING THE ZONING OF 16.2 ACRES FROM
MULTIPLE FAMILY DWELLING-I,250 SQ. FT. MINIMUM
LOT AREA PER DWELLING UNIT (R-3) TO lVIULTIPLE
FAMILY DWELLING-2,500 SQ. FT. MINIMUM LOT AREA PER
DWELLING UNIT (P,.-2)
/s/ PAMEL~A'A: 'McCARTHY
Acting CJ~ty. Clerl~ 0fCthe Ci~ of Bakersfield
EXHIBIT "A"
Concurrent General Plan AmendmenU Zone Change
Case P96-0544
Recommended Mitigation Measures
Should any unrecorded cultural resources, including human remains, be
discovered onsite as a result of future construction or development activities,
work shall be halted in the area of the discovery. A qualified archaeologist shall
be called in to evaluate the findings and make any necessary mitigation
measures. In the event that human remains are discovered, the County Coroner
shall be contacted. Proof of compliance with any recommendations resulting
from such evaluation, if required, shall be submitted to the Southern San Joaquin
Valley Archaeological Information Center (AIC) at California State University,
Bakersfield, and to the City of Bakersfield Development Services Department.
The following measures shall be required as mitigation for traffic and circulation
impacts related to project implementation, as approved by the City Traffic
Engineer.
TRAFFIC CIRCULATION MITIGATION MEASURES
Intersection/Mitigation3
Street Segment/Mitigation
Ridae Oak Drive & Old River Road
2020: No mitigation required,
2020 + Proj: No mitigation required.
2 White Lane & Old River Road~
2020: Add EL, ET, WL, WT, NL, SL 1379
2020 + Proj: No additional mitigation required.
White Lane & Park View Drives
3 2020: Install signal. 1558
2020 + Proj: No additional mitigation required.
Campus Park & Buena Vista Roads
4 2020: Intersection not analyzed beyond existing scenario. 322
2020 + Proj: Intersection not analyzed beyond existing
scenario.
Campus Park Drive & Mountain Vista Drive4.5
5 2020: Intersection not analyzed beyond existing scenario. 106
2020 + Proj: Intersection not analyzed beyond existing
scenario.
EXIST TR 5848 PROJECT
TRAFFIC
I PHV I PHV I %2
691 46 2.15%
2020
FUTURE+
PROJECT
PHV I
2143
66 0.85% 3861
28 0.99% 2825
18 0.95% 1894
19 1.48% 662
Exhibit "A"
GPNZC P96-0544
Page 2
IntersectionlMitigation=
Street Segment/Mitigation ·
6 Campus Park Drive & Old River Road
2020: Install signal/add EL,WL,NT,SL.
2020 + Proj: No additional mitigation required.
Campus Park Drive & Park View Drive4~$
7 2020: Intersection not analyzed beyond existing scenario
2020 + Proj: Intersection not analyzed beyond
existing scenario.
Pacheco Road & Old River Road~
2020: Install Signal/Add EL,ER,WL,WR, NL,NT,SL,2ST.
8 2020 + Proj: No additional mitigation required.
Pacheco Road & Gosford Road1
9 2020: Install signal/Add NT, ST.
2020 + Proj: No additional mitigation required.
Old River Road ~) S.P,R,R. Branch~'s
10 2020: Two lanes in each direction required.
2020 + Prej: No additional mitigation required.
Pacheco Road between Old River & Gosford6
11 2020: Two lanes in each direction required.
2020 + Proj: No additional mitigation required.
Old River Road south of Pacheco Roads
EXIST
PHV
163
2O2O
TR5848 PROJECT FUTURE+
TRAFFIC PROJECT
PHV 1%~ I PHVI
108 3.24% 3337
273 19 1.19% 546
60 88 1.64% 2689
840 45 0.53% 4209
N/A 88 2.87% 1532
47 3.08% 1526
12 2020: Two lanes in each direction required. 13 1.04% 1250
2020 + Proj: :No additional mitigation required.
The project's share of mitigation was reduced at these intersect ons since these signals will be partially funded by the
Regional Transportation Impact Fee.
Project percentage of future traffic is shown in this column regardless of mitigation requirements.
Additional lanes required as shown are with reference to existing lanes at time of study survey. Since laneage configurations
may have changed since time of survey, intersection analysis printouts contained in the appendix should be referred to for
actual total laneage configurations required for mitigation.
Percentage share at this intersection is based on the project's contribution to the minimum threshold for signalization at this
intersection (1280vph for 1 lane by 1 lane Approaches, 1440vph for 2 lane by 1 lane Approaches, and 1600 vph for 2 lane by
2 lane Approaches ).
Intersection not analyzed beyond Existing Scenario since peak project volumes are below thresholds set in Caltrans
Guidelines.
Segment votumes used for "2020 Future + Project" Volumes for these facilities were taken from Kern COG T~affic Model data.
PHV = Peak Hour Volume
Exhibit "A"
GPNZC P96-0544
Page 3
The developer shall provide cost estimates, to be approved by the City Engineer,
of those mitigation improvements shown on the traffic study submitted with the
application.
The developer/subdivider shall pay his percentage shares of those
improvements.
Upon subdivision of the property, municipal sewer service to each lot shall be
provided. Prior to approval of any improvement plans, a proposal for providing
that municipal service to each lot shall 15e submitted to and approved by the City
Engineer. The proposal shall include provisions for providing service to the
entir~ parcel, not just the portion bei,ng considered for the GPA.
If a new pump station is required to provide service for this development, then
the developer shall perform an economic analysis of the operation and
maintenance over the expected life of this pump station and, prior to acceptance
by the City of this pump station, shall pay a fee based on the economic analysis
for this station's operation and maintenance. Any upgrades to existing sewer
systems or facilities will be the responsibility of the developer/subdivider.
A drainage plan of the area to be submitted prior to approval of the improvement
plans to show that the development will conform to the master drainage study.
Necessary flowage/drainage easements as indicated in the approved drainage
study, which may be off-site from a proposed subdivision, shall be submitted to
the City prior to recordation of any subdivision map.
MJM:pjt
October 3, 1996
p:gO544ea
CITY OF BAKERSFIELD
ZONING MAP 125-17
SEC 17 T 5Os R 27£
LEGEND
EXHIBIT "C"
Zone Change Case No. P96-0544
FROM R-3 ILIMITI~D MULTIPLE FAMILY DWELLING] TO R-2 (LIMITED
MULTIPLE FAMILY DWELLING~ ZONE:
All that portion of Section 17, Township 30 South, Range 27 East, M.D.B.&M., City of
Bakersfield, County of Kern, State of California, being described as follows:
Commencing at the southwest comer of said Section 17;
THENCE N 00°59'45" east along the west line of said Section 17, a distance of 93.71 feet to the
True Point of Beginning;
THENCE continuing along said west line, N 00°59'45" east, 693.54 feet to the beginning of a
curve concave to the east, having a radius of 2000.00 feet;
THENCE northerly along said curve through a central angle of 09°54'59" an arc distance of
346.15 feet;
THENCE north 10°54'44" east, 553.11 feet to the beginning of a curve concave to the west,
having a radius of 2000.00 feet;
THENCE northerly along said curve through a central angle of 02°48'54" an arc distance of
98.26 feet;
THENCE south 89°00'23" east, 172.57 feet to the beginning of a non-tangent curve concave to
the west, having a radius of 20.00 feet and to which beginning a radial line bears north 70°06'02"
east;
THENCE southerly along said curve through a central angle of 15°23'51" an arc distance of 5.38
feet to the beginning of a reverse curve concave to the east, having a radius of 530.00 feet;
THENCE southerly along said curve through a central angle of28°28'52" an arc distance of
263.46 feet;
THENCE south 32°59'00" east, 70.05 feet;
THENCE south 57°01'00" west, 95.00 feet;
THENCE south 32°59'00" east, 90.00 feet;
THENCE south 32°16'44" east, 45.00 feet;
THENCE south 26°2ff58" east, 44.97 feet;
THENCE south 19°33'26" east, 44.97 feet;
THENCE south 12°40'54" east, 44.97 feet;
THENCE south 05°48'22" east, 44.97 feet;
THENCE south 00 °10'20" west, 44.97 feet;
THENCE south 00°59'44" west, 989.41 feet to the north line of the Southem Pacific Railroad;
THENCE north 89°08'18" west, along said north line a distance of 490.02 feet to the point of
beginning.
Containing 16.203 acres.
p:z0544-ec
EXHIBIT "C"
Zone Change Case No. P96-0544
FROM R-3 (LIMITED MULTIPLE FAMILY DWELLING] TO R-2 (LIMITED
MULTIPLE F ~AMILY ])WELI,ING) ZONE:
All that portion of Section 17, Township 30 South, Range 27 East, M.D.B.&M., City of
Bakersfield, County of Kern, State of California, being described as follows:
Commencing at the southwest comer of said Section 17;
THENCE N 00o59'45" east along the west line of said Section 17, a distance of 93.71 feet to the
True Point of Beginning;
THENCE continuing along said west line, N 00o59'45" east, 693.54 feet to the beginning of a
curve concave to the east, having a radius of 2000.00 feet;
THENCE northerly along said curve through a central angle of 09°54'59" an arc distance of
346.15 feet;
THENCE north 10°54'44" east, 553.11 feet to the beginning of a curve concave to the west,
having a radius of 2000.00 feet;
THENCE northerly along said curve through a central angle of 02°48'54" an arc distance of
98.26 feet;
THENCE south 89000'23" east, 172.57 feet to the beginning of a non-tangent curve concave to
the west, having a radius of 20.00 feet and to which beginning a radial line bears north 70o06'02"
east;
THENCE southerly along said curve through a central angle of 15°23'51" an arc distance of 5.38
feet to the beginning of a reverse curve concave to the east, having a radius of 530.00 feet;
THENCE southerly along said curve through a central angle of 28°28'52" an arc distance of
263.46 feet;
THENCE south 32°59'00" east, 70.05 feet;
THENCE south 57°01'00" west, 95.00 feet;
THENCE south 32059'00" east, 90.00 feet;
THENCE south 32°16'44" east, 45.00 feet;
THENCE south 26°25'58" east, 44.97 feet;
THENCE south 19033'26" east, 44.97 feet;
THENCE south 12040'54" east, 44.97 feet;
THENCE south 05 °48'22" east, 44.97 feet;
THENCE south 00° 10'20" west, 44.97 feet;
THENCE south 00°59'44" west, 989.41 feet to the north line of the Southern Pacific Railroad;
THENCE north 89°08'18" west, along said north line a distance of 490.02 feet to the point of
beginning.
Containing 16.203 acres.
p:z0544-ec
Page 1
EXHIBIT "C"
Zone Change Case No. P96-0544
Page 2
~ '~ .,R-2 ZONE FROM A ZONE
ALL THAT PORTION OF SECTION 17, T.30S., R.27E., M.D.M., CITY
OF BAKERSFIELD, COUNTY OF KER~, STATE OF CALIFORNIA, BEING
DESC~IRED ~S FOLLOWS:
COMMENCING AT THE SOUTHWF~T CORNER OF SAID SECTION 17;
THERCE. N.O~O.$9,45.E. ALONG ~HE WEST LINE OF SAID SECTION 17
A DISTANCE OF ?S7.25 FEET TO TH.E TRUE POINT OF BEGINNING,
ALSO BEING THE BEGINNING OF A CURVE CONCAVE TO THE 'EAST,
HAVING A EAD!U.S OF 2000.00 FEET; THENCE NORTHEASTERLY ALONG
SAID CURVE THROUGH A CBN~RAL ANGLE OF 09~o54~59,f AN ARC
DISTANCE OF 3416.15 FEET; THENCE N.10.S4f4:4#E., 192.S8 FEET;
THENCE N.Sg*12t27-W., 63.04 FEET TO THE NORTHWEST CORNER OF
THE SOUTH HALF OF TRE SOUTHWEST QU.~AKTE1% O.F ~AID SECTION 17;
THENCE S.=00159t4S.~o ALONG SAID wEST LINE OF SAID S~ECTION 17
A DISTANCE OF 533.90 FEET TO THE POINT OF BEGINNING.
CONTAINING 12,227 SQUARE FEET.