HomeMy WebLinkAboutORD NO 4047ORDINANCE NO. ~: 0 '~ ~
AN ORDINANCE ADOPTING A NOTICE OF EXEMPTION AND
AMENDING SECTION '17.06.020 (ZONE MAP NOS. `102-08 AND
`102-`17) OF TITLE SEVENTEEN OF THE BAKERSFIELD
MUNICIPAL CODE BY CHANGING THE ZONING FROM OS TO
R-2 ON .62 ACRES GENERALLY LOCATED SOUTH OF OLIVE
DRIVE BETVVEEN RIVERLAKES DRIVE AND THE FRIANT-
KERN CANAL (FILE # P0'1-0684)
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 from OS (Open Space) to R-2 (Limited Multiple-Family Dwelling) on a 6,479 square
foot site Generally located approximately 900 feet south of Olive drive (extended), approximately
250 feet east of the Friant-Kern Canal and approximately 1,000 west of Riverlakes Drive and a
20,685 square foot site Generally located approximately 350 feet south of Olive Drive
(extended), approximately 600 feet east of the Friant-Kern Canal and approximately 650 feet
west of Riverlakes Drive; and
WHEREAS, by Resolution No. 157-01 on December 20, 2001, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve R-2 as delineated on attached Zoning Map No. 102-08 and 102-17
marked Exhibit "2", 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 Notice of Exemption from CEQA
and changes in zoning of the subject property from OS to R-2 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
Notices of Exemption, 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 Notice of Exemption was advertised and posted on November 2,
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 previsions of the California Environmental Quality Act have been
followed.
6.
7.
8.
9.
The overall project would allow two undeveloped sites of the Riverlakes
Ranch golf course to be added to the adjacent Metropolitan Bakersfield
2010 General Plan LMR (Low Medium Density Residential) land use
designation, the Riverlakes Ranch Specific Plan LMR (Low Medium
Density Residential) land use designation and the R-2 (Limited Multiple-
Family Dwelling) zoning for residential development.
The proposed project will not have a significant effect on the environment
and subsequent to CEQA, General Rule, Section 15061 (b)(3) "Where it
can be seen with certainty that there is no possibility that the activity in
question may have a significant effect on the environment, the activity is
not subject to CEQA"
The proposed project is consistent with the surrounding land uses.
The proposed project is consistent with the Metropolitan Bakersfield 2010
General Plan.
The proposed project is consistent with the Riverlakes Ranch Specific
Plan.
The proposed project is consistent with the City of Bakersfield Zoning
Ordinance.
The public necessity, general welfare and good planning practices justify
the amendment to Title Seventeen of the Municipal Code and Zoning
Map Nos. 102-08 and 102-17.
SECTION 1.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield
as follows:
1. All of the foregoing recitals are hereby found to be true and correct.
2. The Notice of Exemption, as shown on Exhibit "4", attached hereto and
incorporated as though fully set forth for Zone Change P01-0684 is hereby approved and
adopted.
3. That Section 17.06.020 (Zoning Map) of the Municipal Code of the
City of Bakersfield be amended by changing the land use zoning on Map Nos. 102-08 and
102-17 for that certain property in the City of Bakersfield as herein before described and
attached hereto as Exhibit "2".
4. That Zone Change No. P01-0684 as outlined above, is hereby approved
subject to prior approval of General Plan Amendment P01-0684 and Specific Plan Amendment
P01-0684 and conditions of approval shown on Exhibit "1".
5. File the Notice of Exemption. Upon approval and adoption of the project,
the Planning Division of the Development Services Department is hereby directed to file a
Notice of Exemption with the County Clerk of Kern County, pursuant to the provisions of
Section 21108 of the Public Resources Code and Section 15062 of the State CECA Guidelines
adopted pursuant thereto.
6. Section 17.06.020 (Zoning Map) of the Municipal Code of the City of
Bakersfield 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. 102-08 and 102-17, as
shown on Exhibit "2" attached hereto and made a part hereof, and are more specifically
described in attached Exhibit "3".
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.
I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by
the Council.o..f,,th,,el.i.u ~ ~0(~f Bakersfield ate regular meeting thereof held on
, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, BENHAM, MACGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
COUNClLMEMBER k~;},~
COUNClLMEMBER I~
COUNClLMEMBERI%R~:~y~
CITY CLERK and Ex Officio (~erk of the
Council of the City of Bakersfield
APPROVED ~'[~ 20 Z00Z
I-I~R~EY L. HALL
MAYOR of the City of Baker~ield
APPROVED A,~TO FORM:
BART J, THI~'~'GEN
RED:dl
January 15, 2002
s:tOole\FO 1 -O~84~PW Conditions.wpd
EXHIBIT "1"
Conditions
General Plan Amendment/Specific Plan Amendment/Zone Change P01-0684
Public Works
1. Lot Line Adjustment P01-0348 must be completed prior to any development of
the area covered by this GPA/ZC.
2. Standard adopted Traffic Impact Fees shall apply to the area covered by this
GPNZC.
RED
S:\Dole~P01-0684\PW Conditions.wpd
February 5, 2002 (9:07am)
ZONE CHANGE P01-0684
OS TO R-2
-I-
X
I.l.I
ZONE CHANGE P01-0684 ~j~
EXHIBIT "3"
LEGAL DESCRIPTION
ZONE CHANGE P01-0684
PARCEL"I"
BEING A PORTION OF PARCEL "A" OF LOT LINE AD3USTMENT NO. P00-0214 PER CERTIFICATE OF
COMPLIANCE RECORDED AS DOCUMENT No. 200091364 OF OFFICIAL RECORDS iN THE OFFICE OF
THE KERN COUNTY RECORDER; ALSO BEING A PORTION OF THE SOUTHWEST QUARTER OF
SECTION 8 AND A PORTION OF THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 29 SOUTH,
RANGE 27 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE CITY OF BAKERSFIELD, COUNTY OF
KERN, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTERLINE INTERSECTION OF OLIVE DRIVE AND RIVERLAKES DRIVE AS
SHOWN ON SAID TRACT MAP NO. 5915 PHASE 1, SAID INTERSECTION MONUMENTED BY A 6"
CONCPdr. I ~' MONUMENT WITH BRASS CAP MARKED R.C.E. 15331 PER TRACT MAP NO. 5363 PHASE 1,
1:I1.133 IN BOOK 39 OF MAPS, AT PAGE 140, IN THE OFF/CE OF THE KERN COUNTY RECORDER;
THENCE NORTH 89°25'19" WEST ALONG THE CENTERLINE OF SAID OLIVE DRIVE, A DISTANCE OF
390.00 FEET TO A TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 2000.00
FEET; THENCE CONTINUING ALONG SAID CENTERI/NE AND SAID CURVE THROUGH A CENTRAL
ANGLE OF 17o52'25'', AN ARC LENGTH OF 623.90 FEET; THENCE DEPARTING SA/D CENTERLINE OF
Ot-,'VE DRIVE SOUTH 17034'44'' EAST, A DISTANCE OF 226.70 FEET, SAID POINT ALSO BEING THE
POINT OF BEGINNING;
THENCE (1)
THENCE (2)
THENCE (3)
THENCE (4)
THENCE (5)
SOUTH 18°40'15" EAST, A DISTANCE OF 170.98 FEET;
SOUTH 71019'35" WEST, A DISTANCE OF 275.38 FEET TO POINT 'A';
NORTH 22014'29" WEST, A DISTANCE OF 71.12 FEET;
NORTH 71019~35" EAST, A DISTANCE OF 260.20 FEE-f;
NORTH 07034'49" WEST, A DISTANCE OF 101.90 FEET TO THE POINT OF
BEGINNING;
CONTAINING 20,685 SQUARE FEET, MORE OR LESS.
pARCEL"2"
B~NG A POR'I1ON OF PARCEL 'A" OF LOT L/NE AD.1USTMENT No. P00-0214 PER CERTIFICATE OF
COMPIJANCE RECORDED DOCUMENT No. 200091364 OF OFF/C/AL R~=ORDS IN THE OFF~CE OF THE
KERN COUNTY RECORDER; ALSO BEING A PORTION OF THE SOUTHWEST QUAETE~ OF SECT'ION 8
AND A PORTION OF THE NORTHWEST QUA~.] ~R OF SECT'[ON 17, TOWNSHIP 29 SOUTH, RANGE 2.7
EAST, MOUNT DL6,BLO BASE AND MERIDIAN, IN THE CITY OF BAKERSFIELD, cOUNTY OF KERN,
STATE OF CAL/FORNLa,, MORE pARTICULARLY DESCR/BED AS FOLLOWS:
COMMENCING AT THE HEREIN ABOVE DESCRIBED POINT 'A'; THENCE SOUTH 22014'29" EAST, A
DISTANCE OF 170.96 FEET; THENCE SOLRTI 12°32'32" WEST, A DISTANCE OF 320.11 FEET; THENCE
SOUTH 27°24'23" WEST, A DISTANCE OF 78.67 FEET, SAID POINT BEING THE POINT OF
BEGINNING;
THENCE (~)
THENCE (2)
THENCE (3)
THENCE (4)
EXHIBIT "3"
LEGAL DESCRIPTION
ZONE CHANGE P01-0684
SOUTH 27°24'23' wEST, A DISTANCE OF 79.57 FEET;
NORTH 52°35'27" WEST, A DISTANCE OF 101.54 FEET;
NORTH 27024'23" EAST, A DISTANCE OF 50.00 FEET;
SOUTH 69°24'15'' EAST, A DISTANCE OF 100.71 FEET, TO THE POINT OF
BEGINNING.
CONTAINING 6479 SQUARE FEET, MORE OR LESS.
II {:z: L.S. 53_3.2,,,~
NOTICE OF EXEMPTION
EHXIBIT 4
TO:
Office of Planning and Research
1400 Tenth Street, Room 121
Sacramento, CA 95814
County Clerk
County of Kern
1115 Truxtun Avenue
Bakersfield, CA 93301
FROM: City of Bakersfield
Planning Department
1715 Chester Avenue
Bakersfield, CA 93301
Project Title: Zone Change P01-0684
Project Location-Specific: Subject sites are generally located south of Olive Drive (extended), north of Hageman Road, west
of Riverlakes Drive and east of the Friant-Kern Canal.
Project Location-City: Bakersfield Project Location-County: Kern
Description of Project: Zone Change P01-0684 Zone Change from OS (Open Space) to R-2 (One-Family Dwelling) on two
sites consisting of .62 acre (27,164 square feet). Site sizes are 6,479 and 20,685 square feet. The 6,479 square foot site is
located approximately 900 feet south of Olive Drive (extended), approximately 250 feat east of the Friant-Kem Canal and
approximately 1,100 west of Riverlakes Drive. The 20,685 square foot site is located approximately 350 feet south of Olive
Drive (extended), approximately 600 feet east of the Friant-Kem Canal and approximately 850 feet west of Riverlakes Drive.
~lame of Public Agency Approving Project: City of Bakersfield
Name of Person or Agency Carrying Out Project: Pinnacle Engineering
Exempt Status:
Ministerial (Sec.21080(b)(1); 15268));
-- Declared Emergency (Sec.21080(b)(3); 15269(a));
__-- Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
__ Categorical Exemption. State type and section number.
Statutory Exemptions. State section number.
.~_ Project is exempt from CEQA pursuant to CEQA. General Ru~e, Section 15061(b) (3).
Reasons why project Is exempt: The project consists of minor adjustments to zoning districts (see Description of Project).
Existing land use designations of the general plan, specif'm plan and zoning districts will not be changed. Only a minor area
of land ~ undergo a change in zoning. This project site is presently designated for residential and golf course development.
The golf co~rso presently exists. The portion of vacant land designated for open space and left over from golf course
development will be added to land designated as LMR and zoned R-2.
Lead Agency. Contact Person: ~, Area Cede/Telephone/Extension: 6 3 - 7 3
If filed by applicant:
1. Attach certified document of exemption finding.
2. Has a notice of exemption been filed by the public agency approving the project?
Yes_ No_
Signature: ~~c~-~' Date'~e,,~ ~r ~ (~(~Title;
_x_ Signe<J by Lead Agency
_ Signed by Applicant Date received for filing at OPR:
RED
SN:~Ie~P01-0684~7.C NOE.wpd
Novemb~ 13, 2001 (9:08am)
100901
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 22nd day of February , 2002 she posted on the Bulletin Board at
City Hall, a full, true and correct copy of the following: Ordinance No. 4047 , passed by
the Bakersfield City Council at a meeting held on the 20th day of February 2002
and entitled:
AN ORDINANCE ADOPTING A NOTICE OF EXEMPTION AND AMENDING SECTION
17.06.020 (ZONE MAP NOS. 102-08 AND 102-17) OF TITLE SEVENTEEN OF THE
BAKERSIFELD MUNICIPAL CODE BY CHANGING THE ZONING FROM OS TO R-2 ON
.62 ACRES GENERALLY LOCATED SOUTH OF OLIVE DRIVE BETWEEN RIVERLAKES
DRIVE AND THE FRIANT-KERN CANAL.
/s/PAMELA A. McCARTHY
City Clerk of the City of Bakersfield