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 ~ :~
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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
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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:
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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;
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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
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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 '~ ~
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October 4, 2001
ORIGINAL