HomeMy WebLinkAboutORD NO 4052ORDINANCE NO. ~ 0 5 ~
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND
AMENDING SECTION 17.06.020 (ZONE MAP NO.123-15) OF
TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE
BY CHANGING THE ZONING FROM AGRICULTURE -20 ACRE
MINIMUM (A-20A) TO ONE FAMILY DWELLING (R-l) ON 64.14
ACRES LOCATED NORTH OF PAOHECO ROAD, EAST OF
MOUNTAIN VISTA DRIVE (ZC #P01-0898)
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 North of Pacheco Road, east of Mountain Vista Drive; and
WHEREAS, by Resolution No.4-02 on January 17, 2002, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve One Family Dwelling (R-l) zone as delineated on attached Zoning
Map No. 123-18 marked Exhibit "C", 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 and changes in zoning of the subject property from an A-20A
(Agriculture-20 acre minimum) zone to R-1 (One Family Dwelling) zone, 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 December
21, 2001, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows single family
residential development; and
WHEREAS, in accordance with the procedure set forth in the provisions of Title
17 of the Municipal Code of the City of Bakersfield, the City Council held a public hearing on
February 20, 2002 to consider said petition to change the land use zoning; and
findings:
WHEREAS, the City Council has considered and hereby makes the following
1. Ali required public notices have been given.
The provisions of the California Environmental Quality Act (CEQA) have
been followed.
The public necessity, general welfare and good zoning practice justify the
requested change of zone from the existing zoning district to a R-1 (~(~r~E~,~
Family Dwelling) zone.
ORIGINAl.
The conditions of approval, attached hereto as Exhibit "A" are needed to
provide for orderly development, and the public health, welfare and
safety; and
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 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.
123-18 marked Exhibit "C" attached hereto and made a part hereof, and are more specifically
described in attached Exhibit "D ".
4. Such zone change is hereby made subject to the conditions of approval
listed in attached Exhibit "A" and shown on the site plan attached as Exhibit "B."
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.
......... O00 ........
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the
Council of the City of Bakersfield at a regular meeting thereof held on
I~AR (~ ~0(]~. , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBERCARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER ~,..r(3~,%~-
COUNCILMEMBER [~'~%J~ ~
Cl'~ CLERK and Ex Officio C~r~ of the
Council of the City of Bakersfield
MAR 6 Z002
HFvl~'~VoERYofI";hHeAcLi/Ly of Bakorsf'~ld
APPROVED AS TO FORM:
BART J. THILT~EN
BY: ~4'~ ~'"~ ~/I-/~'~
LP/S:[Zo~eChang~'l:01-08981CC ord. wpd
February 12, 2002
EXHIBIT "A"
ZONE CHANGE P01-0898
CONDITIONS OF APPROVAL
PLANNING DEPARTMENT:
During ground disturbance, monitoring by a qualified archaeologist shall take place. If
significant cultural resources are found, the subdivider shall notify the proper authorities,
contact Mr. Rob Wood at the native American heritage Commission in Sacramento and
be subject to any mitigation measures required by the archeologist.
Mitigation Measure as recommended in Report of Archaeological Investigation by
Robert A, Schiffman dated January 2002 due to the cultural sensitivity of the site.
MOUNTAIN VISTA DRIVE
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Z
ITl
03
03
EXHIBIT D
ZONE CHANGE
LEGAL DESCRIPTION
BEING THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 18,
T.30 S., R.27 E., M.D.M., IN THE CITY OF BAKERSFIELD, COUNTY OF KERN,
STATE OF CALIFORNIA, EXCEPTING THEREFROM THAT PORTION DEEDED
TO THE SOUTHERN PACIFIC RAILROAD COMPANY PER BOOK 125, PAGE 266
OF DEEDS AND EXCEPTING THEREFROM THAT PORTION DEEDED TO THE
KERN DELTA WATER DISTRICT PER DOCUMENT #0200151569, OR., MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 18; THENCE
NORTH 00056'09" EAST ALONG THE WEST LINE OF SAID SECTION 18
(CENTERLINE OF MOUNTAIN VISTA DRIVE), 98.35 FEET TO THE TRUE POINT
OF BEGINNING;
THENCE
CONTINUING NORTH 00°56'09'' EAST ALONG THE WEST LINE
OF SAID SECTION 18 (CENTERLINE OF MOUNTAIN VISTA
DRIVE), 1222.03 FEET;
THENCE
SOUTH 89°13'19" EAST, 2529.36 FEET TO A POINT ON THE WEST
LINE OF THAT CERTAIN PARCEL OF LAND DEEDED TO THE
KERN DELTA WATER DISTRICT PER DOCUMENT g0200151569,
O.R.;
THENCE
SOUTH 10053'50'' WEST ALONG THE WEST LINE OF SAID PAR-
CEL DEEDED TO THE KERN DELTA WATER DISTRICT, 164.56
FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE
SOLrrHEAST HAVING A RADIUS OF 2155.00 FEET;
THENCE
SOUTHWESTERLY ALONG SAID CURVE AND THE WEST LINE
OF SAID PARCEL DEEDED TO THE KERN DELTA WATER
DISTRICT THROUGH A CENTRAL ANGLE OF 09054'59'' AN ARC
LENGTH OF 372.97 FEET;
THENCE
SOUTH 00°58'51'' WEST ALONG THE WEST LINE OF SAID PAR-
CEL DEEDED TO THE KERN DELTA WATER DISTRICT, 544.28
FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE
NORTHWEST HAVING A RADIUS OF 50.00 FEET;
THENCE
SOUTHWESTERLY ALONG SAID CURVE AND THE WEST LINE
OF SAID PARCEL DEEDED TO THE KERN DELTA WATER
DISTRICT THROUGH A CENTRAL ANGLE OF 89°52' 15" AN ARC
THENCE
THENCE
CONTAINS:
LENGTH OF 78.43 FEET TO A POINT ON THE NORTH LINE OF
SAID PARCEL DEEDED TO THE KERN DELTA WATER DISTRICT;
NORTH 89008'54'' WEST ALONG THE NORTH LINE OF SAID PAR-
CEL DEEDED TO THE KERN DELTA WATER DISTRICT, 2326.03
FEET;
SOUTH 44004'42" WEST ALONG THE NORTH LINE OF SAID PAR-
CEL DEEDED TO THE KERN DELTA WATER DISTRICT, 134.56
FEET TO THE TRUE POINT OF BEGINNING.
64.14 GROSS ACRES
60R2-ZC- LGL