HomeMy WebLinkAboutORD NO 4037ORDINANCE NO.
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 102-
07 BY CHANGING THE ZONING FROM R-1 (ONE FAMILY
DWELLING) TO C-2/PCD (REGIONAL COMMERCIAL/PLANNED
COMMERCIAL DEVELOPMENT) ON 10.60 ACRES AND AN
AMENDMENT TO PUBLIC WORKS CONDITION NUMBER
2 OF ORDINANCE NO. 3284 GENERALLY LOCATED
BETWEEN SNOW ROAD, REINA ROAD, FRIANT-KERN -
CALLOWAY CANALS AND JEWETTA AVENUE (ZONE
CHANGE P01-0219)
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 generally located between Snow Road, Reina Road, Friant-Kem - Calloway
Canals and Jewetta Avenue; and
WHEREAS, by Resolution No. 120-01 on September 20, 2001, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve C-2/PCD (Regional Commercial/Planned Commercial Development
as delineated on attached Zoning Map No. 102-07 marked Exhibit "2", and, an amendment to
public works condition number 2 of Ordinance No. 3284 as shown on Exhibit "1" (see public
works condition number 4), 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 hearing, did make
several general and specific findings of fact which warranted a negative declaration of
environmental impact, changes in zoning of the subject property from R-1 to C-2/PCD, and
amendment of public works condition number 2 of Ordinance No. 3284, 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 of Bakersfield's CEQA Implementation
Procedures, have been duly followed by city staff, Planning Commission and this Council; and
WHEREAS, a Negative Declaration was advertised and posted on August 28,
2001 in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows urban type
development; and
WHEREAS, the City Council has considered and hereby makes the following
findings:
1. All required public notices have been given.
The provisions of the California Environmental Quality Act have
been followed.
ORIGII'~AI
10.
11.
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 PCD zoning district, overlaid on the C-2 zoning district, is the
appropriate zone for this location in that the PCD zone requires
review and approval of development plans prior to construction to
ensure that future development is compatible with surrounding land
uses and that any impacts, which may be created by such
development, will have a minimum impact on the surrounding land
uses.
The amendment to public works condition number 2 of City Council
Ordinance No. 3284 will not adversely affect the subject site and
surrounding area.
The proposed project is consistent with the surrounding land uses.
The proposed project is consistent with the Metropolitan
Bakersfield 2010 General Plan.
A traffic study was required for the subject site and mitigation
measures were recommended to alleviate traffic impacts.
As to the amendment to public works condition number 2 of City Council
Ordinance No. 3284, the City Public Works Department recommends
alternative language as shown on Exhibit "1", condition number 4 of
Mitigation Measures, and the Planning Commission recommends
adoption of such alternative language.
The public necessity, general welfare and good planning practices
justify the requested zone change.
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 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.
2
O~IGiNAL
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 Negative Declaration is hereby approved and adopted.
3. 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.
102-07 marked Exhibit "2" attached hereto and made a part hereof, and more specifically
described in attached Exhibit "3".
4. Public works condition number 2 of Ordinance No. 3284 is hereby
amended as shown on Exhibit "1" (public works condition number 4).
5. Such zone change is hereby made subject to the mitigation measures
listed in attached Exhibit "1", subject to approval of GPA P01-0219.
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.
......... 000 .........
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 ~ ~ _?@0! , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBERCARSON, BENHAM, MAGGARD, COUCH, HANSON. SULLIVAN, SALVAGOIO
COUNCILMEMBER ,~c~.~
COUNCILMEMBER ~)~f~,-~ ~
COUNCILMEMBER ~.J~
CITY CLERK and Ex Officio~lerk of the
Council of the City of Bakersfield
NOV 25 2001
APPROVED
APPROVED AS TO FORM:
BART J. THI~TGEN
City Atto~,~ e~
By'
RED
S:\Dole\P01-0219\CC ZCO.wpd
October 9, 2001 (10:29am)
091301
EXHIBIT "1"
Mitigation Measures
Zone Change P01-0219
Planning
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.
Public Works
A traffic study was prepared by Ruettgers-Schuler for the subject GPA and was found to be
acceptable. The study analyzed the impacts of the addition of 229 more single family units
based on the increase in density. The study also analyzed the impacts of the proposed change
to commercial. Based upon the findings of the study we recommend the following conditions:
Residential Portion
All development in the GPA area will be subject to the current Regional Traffic Impact
Fee in place at time of development.
Pay local mitigation fees for the following facilities. Prior to recordation of the first tract
within the GPNZC area or submittal of a site plan for the commercial development, an
engineer's estimate shall be submitted and approved. Said estimate shall compute fees
on a per lot basis. Since there is no way to pinpoint which lot is one of the 229 new
units, the computation shall be based on the total number of lots allowed with the new
density.
a. Install signal at 7th Standard Rd and Jewetta Ave, pay 1.23% share
b. Install signal at Snow Rd and Allen Rd, pay 2.56% share
c. Install signal, add left turn lanes all directions at Kratzmeyer Rd and Santa Fe
Wy, pay 1.25% share
d. Install left turn lanes all directions at Allen Rd and Kratzmeyer Rd, pay 3.20%
share
e. Install left turn lanes west and east bound at Reina Rd and Jewetta Ave, pay
3.18% share
f. Install left turn lane south bound at Allen Rd and Hageman Rd, pay 1.70% share
g. Install left turn lane north bound at Hageman Rd and Jewetta Ave, pay 0.66%
share
h. Install signal at Olive Dr and Verdugo Ln, pay 2.87% share
Pay local mitigation fees for the following facilities. Prior to recordation of the first tract
or submittal of a site plan for the commercial development, an engineer's estimate shall
be submitted and approved. Said estimate shall compute fees on a per 1,000 SF basis.
a Install signal at 7th Standard Rd and Jewetta Ave, pay 2.39% share
b. Install signal at Snow Rd and Allen Rd, pay 2.48% share
Exhibit "1"
Mitigation Measures
P01-0219
Page 2
f.
g.
h.
Install signal, add left turn lanes all directions at Kratzmeyer Rd and Santa Fe
Way, pay 4.05% share
Install left turn lanes all directions at Allen Rd and Kratzmeyer Rd, pay 6.64%
share
Install left turn lanes west and east bound at Reina Rd and Jewetta Ave, pay
12.72% share
Install left turn lane south bound at Allen Rd and Hageman Rd, pay 2.29% share
Install left turn lane north bound at Hageman Rd and Jewetta Ave, pay 2.42%
share
Install signal at Olive Dr and Verdugo Ln, pay 9.92% share
Whenever any read crosses any canal within this project area, the applicant shall
construct the culvert, bridge, etc. full width to the ultimate width of the roadway within
the project area. Unless otherwise directed by the City Engineer, the applicant shall
construct the Friant Kern Canal and Calloway Canal crossings of Snow Road only on
the south side of Snow Road.
If irrigation canals or ditches will be within the ultimate street rights of way, then the
applicant shall relocate and/or pipe the existing irrigation canals or ditches. An irrigation
line will not be allowed in the read right-of-way, but must be located outside the
right-of-way in the landscape easement or on private property.
The gas pipeline along the south side of the GPA/ZC area shall be protected and
located/relocated as directed by the City Engineer and as approved by the pipeline
owner.
Prior to recordation of the first final map, site plan approval, application for a lot line
adjustment, or other development approval within the GPA/ZC area,
a. prepare a comprehensive sewer study to be submitted to and approved by the
City Engineer. The project engineer shall submit verification to the City Engineer
of the sewer system's capability to accept the additional flows to be generated
through development under the new land use and zoning.
b. provide fully executed offers of dedication for Olive Drive, Jewetta Avenue, and
Snow Road to arterial standards for the full frontages of the area within the
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.
c prepare a comprehensive drainage study to be submitted to and approved by the
City Engineer. Drainage areas for retention basins shall be not less than 80
acres. There shall be no more than 4 retention basins allowed for this GPNZC
area. The approved drainage study/plan shall ensure development does not
exceed this total Any required retention basin sites and necessary easements
shall be offered for dedication to the City.
Exhibit"l"
Mitigation Measums
P01-0219
Page 3
Access to arterial streets will be limited and determined at time of division or
development. Determination of whether a right turn lane is required at the access points
(streets or drives) 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.
Commercial Portion
Pay the Regional Traffic Impact Fee at time of development. Said fee was computed in
the study based upon the impacts of a 109,000 SF shopping center and was computed
to be $489,602 which is $4,491.76 per 1,000 SF
Recreation and Parks
1. The width of the landscape strips shall not be reduced.
2. The concrete rail fence shall be deleted.
3. In-lieu of the concrete rail fence installation, the wall pilaster will be added, and
landscaping will be enhanced by the use of minimum 24" box size trees.
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Rd-CH
CITY OF BAKERSFIELD
ZONING MAP 102-07~
SEC 07 T 29S R
LEGEND
EXHIBIT "3"
ZONE CHANGE
P01-0219
All those portions of the Southwest Quarter of the Northwest Quader and the
Nodhwest Quarter of the Southwest Quader of Section 7, Township 29 South,
Range 27 East, Mount Diablo Meridian, in the City of Bakersfield, County of
Kern, State of California, more particularly described as follows:
Beginning at the West Qdarter comer of said Section7;
Thence(I) N 00°49'50"E, along the West line of said Section 7, a
distance of 706.49 feet;
Thence (2) S 89°10'10' E, a distance of 769.02 feet;
Thence (3)
Thence (4)
S 00°35'23"VV, a distance of 697.58 feet;
S 15°35'10"W, a distance of 83.14 feet to the beginning of a
non-tangent curve concave to the Southwest and having a
radius of 2000.00 feet, a radial line to said beginning of
curve bears N 16°26'45* E.
Thence (5) Northwesterly along Said curve, through a central angle of
16°16'56", an arc length of 568.36 feet;
Thence (6) N 89°50'11' W, a distance of 189.15 feet to the point of
beginning.
Contains 12.78 Gross Acres more or less
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 29th day of November , 2001 she posted on the Bulletin Board at
City Hall, a full, true and correct copy of the following: Ordinance No. 4037 , passed by
the Bakersfield City Council at a meeting held on the 28th day of November 2001
and entitled:
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD
MUNICIPAL CODE AND ZONING MAP NO. 102-07 BY CHANGING THE ZONING
FROM R-1 (ONE FAMILY DWELLING) TO C-2/PCD (REGIONAL
COMMERCIAL/PLANNED COMMERCIAL DEVELOPMENT) ON 10.60 ACRES
AND AN AMENDMENT TO PUBLIC WORKS CONDITION NUMBER 2 OF
ORDINANCE NO 3284 GENERALLY LOCATED BETWEEN SNOW ROAD, REINA
ROAD, FRIANT-KERN-CALLOWAY CANALS AND JEWETTA AVENUE (ZONE
CHANGE P01-0219)
/si PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
DEPU'~Y City Clerk