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HomeMy WebLinkAboutORD NO 4032ORDINANCE NO. 4 0 8 2 AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 101-12 BY CHANGING THE ZONING FROM E (ESTATE RESIDENTIAL) TO R-1 (ONE-FAMILY DWELLING) ON 69.22 ACRE, FROM E (ESTATE RESIDENTIAL) TO R-1CH (ONE- FAMILY DWELLING CHURCH) ON 10.80 ACRES AND FROM A (AGRICULTURE) TO R-1 (ONE-FAMILY DWELLING) ON 77.15 ACRES GENERALLY LOCATED BETWEEN SNOW ROAD, REINA ROAD, JEWETTA AVENUE AND ALLEN ROAD (ZONE CHANGE P01-0228) 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 being a portion of Section 12, Township 29 South, Range 26 East, MDB&M and generally located between Snow Road, Reina Road, Jewetta Avenue and Allen Road; WHEREAS, by Resolution No. 92-01 on June 28, 2001, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve R-l, R-1CH and R-2 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 E to R-1 on 69.22 acres, from E to R-1CH on 10.80 acres, from A to R-1 on 67.12 acres and from A to R-2 on 10.03 acres and the Council has considered said findings; and WHEREAS, the Council does not concur with the Planning Commission's recommendation of R-2 zoning along the south side of Snow Road; and WHEREAS, the proposed project, with exception of the requested R-2 zoning district, is consistent with the surrounding land uses. WHEREAS, the proposed project, with exception of the requested R-2 zoning district, is consistent with the Metropolitan Bakersfield 2010 General Plan. WHEREAS, the law and regulations relating to the preparation and adoption of Negative Declarations, as set fodh in CEQA and City of Bakersfield's CEQA Implementation Procedures, have been duly followed by city staff, Planning Commission and this Council; and WHEREAS, upon careful consideration of the requested R-2 zoning district, the Council directed staff to renotice Zone Change P01-0228 and bring it before the Council for a second public hearing and reconsideration; and WHEREAS, the public hearing notice for Zone Change P01-0228 along with a notice of a Negative Declaration was published in the Bakersfield California on September 5, 2001, and mailed to property owners within a 300 foot radius of the Subject site; WHEREAS, a Negative Declaration with mitigation was advertised and posted~ ~5*t~E~2d, on May 14, 2001, and September 5, 2001, in accordance with CEQA; and ~ :~ O~IGINAL WHEREAS, the general plan designation for this area allows urban and agricultural development; and WHEREAS, the City Council has considered and hereby makes the following findings: The appeals of the Planning Commission decision filed by Robert L. Mann, Judy Fritch and Larry Morris were duly considered. 2. All required public notices have been given. The provisions of the California Environmental Quality Act 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 Mitigated Negative Declaration was prepared for the project in accordance with CEQA. The proposed project, with the exception of the requested R-2 zoning along the south side of Snow Road, is consistent with the surrounding land uses. The proposed project, with the exception of the requested R-2 zoning along the south side of Snow Road, is consistent with the Metropolitan Bakersfield 2010 General Plan. The R-1 zoning district and a tier of 10,000 square foot lots are appropriate along the south side of Snow Road. A traffic study was required for the 160 acre portion of the subject site constituting the NW % of Section 12, a part of the original subject site, and mitigation measures were recommended to alleviate traffic impacts. The traffic study is not entirely applicable to the remaining 80 acre portion of the subject site located in the E ¼ of the NW ¼ of S. 12. Applicant's GPNZC amendment application originally included the entire 160 acres of the NW ~ of S. 12 for which the traffic study was prepared. Applicant later amended the application deleting the W ~,~ of the NW % of S. 12 decreasing the size of the GPA/ZC amendment by approximately 80 acres. Applicant's engineer has submitted correspondence to the City stating that decreasing the site by 50 percent will reduce dwelling units and trip generation by 50 per cent. Also the proportionate share of mitigation will be reduced by 50 per cent. The City agrees with this reasoning. 11. The public necessity, general welfare and good planning practices justify the amendment to Title Seventeen of the Municipal Code and Zoning Map No. 101-12. 12. Based on the absence of evidence in the record as required by Section 21082.2 of the State of California Public Resources Code (CEQA) for the purpose of documenting significant effects, it is the conclusion of the Lead Agency that this project will result in impacts that fall below the 2 ~'- O~!GINAL threshold of significance with regard to wildlife resources and, therefore, must be granted a "de minimis" exemption in accordance with Section 711 of the Sate of California Fish and Game Code. Additionally, the assumption of adverse effect is rebutted by the above-reference absence of evidence in the record and the Lead Agency's decision to prepare a Negative Declaration for this project. as follows: SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield 1. All of the foregoing recitals are hereby found to be true and correct. 2. The appeals filed by property owners - Robert L. Mann, Judy Fritch and Larry Morris - are upheld. 3. The Negative Declaration is hereby approved and adopted. 4. The requested R-2 zoning district is hereby disapproved. 5. 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. 101-12 marked Exhibit "B" attached hereto and made a part hereof. 6. Such zone change is hereby made subject to the conditions of approval listed in attached Exhibit "A", subject to approval of GPA P01-0228. 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. ......... o0o ......... 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 September 19, 2001, by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CJA ~.~'3 rd, ~-~/-\~'~, COUNCILMEMBER COUNCILMEMBER ~l~{'J ~- COUNCILMEMBER ~ ~ ~l CLERK and Ex Officio~lerk of the CITY Council of the City of Bakersfield 3 Or~!GINAL APPROVED HARVEY L. HALL ,' MAYOR of the City of Bakersfi~etd APPROVED AS TO FORM: S:\Dole\P01-0228\CC ZCO.wpd ORIGINAL EXHIBIT "A" Mitigation Measures General Plan Amendment/Zone Change P01-0228 and Annexation Plannina DePartment: The first tier of lots south of Snow Road shall be a minimum of 10,000 square feet. "A buffer zone, as described in the Agricultural Conversion Report, shall be incorporated into the project design where adjacent to agriculture to help ensure minimal cost to the grower" ( Kern County Negative Declaration, GPA Case No. 40, Map No. 101: Amendment of Zoning Map No. 101, Zone Change Case No. 108). In order to be consistent with the City's agricultural buffer zone, the County mitigation measure shall be amended to incorporate City Municipal Code Chapter 17.08, Section 17.08.150 A as follows: "No dwelling or any part thereof shall be placed or constructed within 50 feet of any lot which adjoins property zoned agricultural or residential suburban, unless the property upon which the dwelling is placed or constructed is itself within one of said zones." Section 17.08.150 A, shall replace the County mitigation measure in its entirety. "In an attempt to reduce complaints and unwarranted investigations, the following note of disclosure shall be placed on any subdivision map involving the project site: The property described on this map may be near property used for agricultural operations and occupants may be subject to inconveniences or discomforts arising from such operation at any time. Said discomforts may include, but shall not be limited to, equipment noises, odors from manure and other chemicals, and dust or smoke. Kern County has determined that the use of real property for agricultural operations is a high priority and favored use to the Country and will not be considered a nuisance for those inconveniences or discomforts arising from agricultural operations, if such operations are consistent with accepted customs, standards, and laws" ( Kern County Negative Declaration, GPA Case No. 40, Map No. 101: Amendment of Zoning Map No. 101, Zone Change Case No. 108). With respect to the Norris School District, the applicant (at the applicants discretion) shall either join the Community Facilities District 92-1 (CFD 92-1) or pay a fee of $1.66 per square foot at the time of building permit issuance in accordance with government Code section 65995 et seq. O~IGtNAL With respect to the Kern High School District (at the applicants discretion) shall either utilize the existing development agreement and Covenant Running with the Land (for that portion of the project covered by the agreement) or terminate the agreement and pay the public school facilities fee of $00.76 per square foot as permitted by government code section 65995 et seq. For that portion of the project not covered by the existing agreement the applicant must pay the school facilities of $00.76 per square foot at the time of building permit issuance in accordance with government code section 65995 et seq. Applicant must provide DOG's Bakersfield office with specific development plans showing residential lots relative to well locations. Also, if development is planned within 50 feet of a well Bakersfield DOG office must be contacted. DOG recommends against the placement of buildings over or in proximity of plugged and abandoned wells. Such building activity may make it necessary to plug or replug wells to current DOG specifications. If a plugged and abandoned or unrecorded well is damaged or uncovered during excavation or grading, remedial plugging operations may be required. (Department of Conservation, Division of Oil and Gas and Geothermal Resources (DOG)). The landscaping strip along Snow Road, as a minimum, shall conform to the City's landscape standards, Chapter 17.61 Bakersfield Municipal Code. Public Works: 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 Old Farm Road, Snow Road and Kratzmeyer Road to arterial or collector 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. (Note: Snow Road is currently an arterial. Should the Circulation Element designation be changed as a result of this or a subsequent General Plan Amendment, then the designation in effect at the time the dedication is provided shall govern.) Prepare a conceptual drainage study for the entire area covered by this General Plan Amendment to be submitted to and approved by the City Engineer. This area shall be limited to one sump per 80 acres. Where possible, site the drainage retention facility on the periphery of the GPA area to facilitate future expansion or consolidation of drainage facilities as adjacent area develops. All subsequent developments in this GPNZC area shall conform to the approved drainage study. O~!GINAL With any development of the subject property that is immediately adjacent to the existing irrigation ditch immediately south of Snow Road relocate and/or pipe the existing irrigation ditch that is within the area being developed. An irrigation line will not be allowed in the road right-of-way, but must be located outside the right-of-way in the landscape easement or on private property. 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. With this application, the project engineer shall prepare a conceptual circulation study to be submitted to and approved by the City Engineer to verify that the property proposed to be HMR can be developed with roadways that meet the City's minimum standards - i.e. BMC 16.28.160 A. "Block Lengths". 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. Development on the site shall be subject to the Traffic Impact Fee schedule in effect at the time of issuance of building permits. A traffic study to analyze the impacts of the proposed changes was prepared for this project by Ruettgers & Schuler Civil Engineers. The traffic study determined that local mitigation would be required for the 160 acres covered by the study. Therefor, the applicant is required to provide estimates and compute the fair share fee for the following improvements: a= Reina Road at Jewetta Avenue, east bound and west bound left turn channelization, 14.87% share; Allen Road at Hageman Road, south bound left turn channelization, 10.1% share; Hageman Road at Jewetta Avenue, north bound left turn channelization, 5.98% share; Allen Road at Meacham Road, north bund and south bound left turn channelization, 5.98% share; O~iGINAL e. Olive Drive at Verdugo Lane, install traffic signal, 5.98% share; (NOTE: For item numbers 6. a. through 6. e. and the following Traffic Study Mitigation Measures, the traffic study is not entirely applicable to the 80 acre portion of the subject site. Applicant's GPNZC amendment application originally included the entire 160 acres of the NW 1/~ of S. 12 for which the traffic study was prepared. Applicant later amended the application decreasing size of the GPNZC amendment by 50 pement (approximately 80 acres). Applicant's engineer has submitted correspondence to the City stating that decreasing the site by 50 pement will reduce dwelling units and trip generation by 50 per cent (Exhibit "E"). Also the proportionate share of mitigation will be reduced by 50 per cent. The City traffic engineer concurs with this reasoning.) f. Allen Road at Snow Road, install traffic signal, 3.18% share; Kratzmeyer Road at Santa Fe Way, install traffic signal and left turn channelization all directions, 2.83% share; and ALlen Road at Kratzmeyer Road, left turn channelization all directions, 8.02% share. Access to Snow Road shall be restricted with minimum spacing between driveways subject to City Standard T-12 and spacing between intersections subject to City Standards T-16 and T-17. Left turns out of local streets will not be permitted except as allowed by Public Works Condition 2. City Council 1. With the exception of the first tier of lots south of Snow Road, all R-1 (One- Family Dwelling) zoned lots shall have a minimum lot size of 7,200 square feet. The first tier of lots south of Snow Road shall have a minimum lot size of 10,000 square feet. 2. All lots located along a cul-de-sac street shall have a radial design. (Note: City council condition numbers one (1) and two (2) were agreed to by the applicant during the city council public hearing of September 19, 2001). RED S:\Dole\P01-0228\Exhibit A Mitigation.wpd September 21, 2001 (11:16am) 6/14/01 m CITY Of BAKERSFIELD ZONING MAP 101-12 SEC 12 T 29 S. R 26 E. LEGEND 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 4th day of Ocotber, 2001 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4032 , passed by the Bakersfield City Council at a meeting held on the 3rd day of October 2001 and entitled: AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 101-12 BY CHANGING THE ZONING FROM E (ESTATE RESIDENTIAL) TO R-1 (ONE-FAMILY DWELLING) ON 69.22 ACRE, FROM E (ESTATE RESIDENTIAL)TO R-1 CH (ONE-FAMILY DWELLING CHURCH) ON 10.80 ACRES AND FROM A (AGRICULTURE) TO R-1 (ONE FAMILY DWELLING) ON 77.15 ACRES GENERALLY LOCATED BETWEEN SNOW ROAD, REINA ROAD, JEWETTA AVENUE AND ALLEN ROAD (ZONE CHANGE P01-0228) /si PAMELA A. McCARTHY City Clerk of the City of Bakersfield DEPUTe'City C'lerk '~ ~ S:\Docum ent\FORMS~AOP.ORD.wpd October 4, 2001 ORIGINAL