HomeMy WebLinkAboutORD NO 3587ORDINANCE NO..~ ~ 8 ~'
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND ZONING
MAP 123-17 BY CHANGING THE ZONING OF 3.49
ACRES GENERALLY LOCATED EAST OF THE
REALIGNMENT OF OLD RIVER ROAD,
APPROXIMATELY 700 FEET SOUTH OF CAMPUS PARK
DRIVE AND IMMEDIATELY NORTH OF THE
SOUTHERN PACIFIC RAILROAD RIGHT-OF-WAY FROM
AN A (AGRICULTURE) ZONE TO AN R-3 (LIMITED
MULTIPLE FAMILY DWELLING) ZONE.
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 east of the realignment of Old River Road,
approximately 700 feet south of Campus Park Drive and immediately north of the
Southern Pacific Railroad right-of-way; and
WHEREAS, by Resolution No. 4-94 on February 17, 1994, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of
the Municipal Code to approve a zone change of the subject property from an A
(Agriculture) zone to an R-3 (Limited Multiple Family Dwelling) zone on 3.49 acres as
delineated on attached Zoning Map No. 123-17 marked Exhibit "A", by this Council and
this Council has fully considered the findings 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
(Agriculture) zone to an R-3 (Limited Multiple Family Dwelling) zone on 3.49 acres 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 January
27, 1994, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows high density
residential development; and
WHEREAS, the City Council has considered and hereby makes the
following findings:
1. All required public notices have been given.
2. The provisions of CEQA have been followed.
3. That proposed Zone Change No. 5541 is consistent with the
Metropolitan Bakersfield 2010 General Plan.
the environment.
The proposed zoning will not have a significant adverse effect on
5. Conditions of approval attached to the project as Exhibit "C" are
included in the project to minimize and/or mitigate impacts, and to ensure that the
density allowed by the general plan is not exceeded.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
Bakersfield as follows:
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. 123-17 marked Exhibit "A" attached hereto and made a part hereof, and are
more specifically described in attached Exhibit "B".
4. Such zone change is hereby made subject to the conditions of
approval listed in attached Exhibit "C".
SECTION 2.
This ordinance shall be posted in accordance with provisions of the
Bakersfield Municipal Code and shall become effective 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
APR 0 6 ~ , by the following vote:
AYES: COUNCILMEMBERS M~DERMOT'I',,[OWARD$, I~O, SMITH, BRUNNI, ROWLES, $ALVAGGIO
NOES: COUNCILMEMBERS ~'~'~'-
ABSTAIN: COUNCILMEMBERS
ABSENT; GOONCILMEMBEP~
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
BOB p~CE~~
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY SKOUSEN
ACTING CITY ATTORNEY of the City of Bakersfield
BY: Laura Marino, Assistant City Attorney
DR:pit
March 2, 1994
res\o5541.cc
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ITl
CITY OF BAKERSFIELD
ZONING MAP 123-17
SEC 17 I30s R 27E
LEGEND
EXHIBIT "B"
Legnl Description
Zone Change No. 5541
PROPOSED R-3 ZONE
ALL THAT PORTION OF SECTION 17, T.30S.,R.27E., M.D.M., CITY
OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, BEING
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 17,
THENCE N-00°59'45"E' ALONG THE WEST LINE OF SAID SECTION 17
A DISTANCE OF 93.71 FEET TO THE NORTH RIGHT-OF-WAY OF THE
SOUTHERN PACIFIC RAILROAD AND THE TRUE POINT OF BEGINNING;
THENCE CONTINUING N.00°59'45"E' ALONG SAID WEST LINE A
DISTANCE OF 693.52 FEET TO THE BEGINNING OF A CURVE CONCAVE
TO THE EAST, HAVING A RADIUS OF 2000.00 FEET; THENCE
NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
09o54'59" AN ARC DISTANCE OF 346.15 FEET; THENCE
N.10o54'44"E., 551.99 FEET; THENCE S.00°59'37"W', 1581.40
FEET TO SAID NORTH RIGHT-OF-WAY OF THE SOUTHERN PACIFIC
RAILROAD; THENCE N.89°08'18"W' ALONG SAID RIGHT-OF-WAY A
DISTANCE OF 125.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 3.49 ACRES.
EXHIBIT "C"
Conditions of Approval
Zone Change No. 5541
In order to mitigate the impacts of any natural to urban land conversion on the San Joaquin kit fox
(a State and Federally-listed Endangered Species), the applicant must, prior to ground disturbance,
follow the Advisory Notice, detailing the Interim Mitigation Measures established for the
Metropolitan Bakersfield Habitat Conservation Plan.
Prior to the issuance of a building permit within the project area, the Kern High School District and
the Panama-Buena Vista Union School District must be paid the amount of $3.65 per square foot of
assessable space (as that term is defined in Government Code Section 65995) for each residence for
the purpose of providing school facilities. This amount will be increased in even-numbered years
according to the adjustment for inflation determined by the State Allocation Board for Class B
construction at its January meeting, which increase will be effective as of the date of that meeting.
This payment will not be required if each of the Districts has certified in writing that alternative
mitigation measures have been undertaken with respect to the project to adequately address school
overcrowding.
p:5541.ai
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
County of Kern )
CAROL WILLIAMS, 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 8th day of April, 1994 she
posted on the Bulletin Board at City Hall, a full, true and correct
copy of the following: Ordinance No. 3587, passed by the
Bakersfield City Council at a meeting held on the 6th day of April,
1994, and entitled:
Ordinance amending Title 17 and Zoning Map ].23-17 by
changing the zoning of 3.49 acres generally located east
of the realignment of Old River Rd, approx. 700 feet
south of Campus Park Drive and immediately north of the
Southern Pacific Railroad Right-of-way from an A zone to
an R-3 zone
/s/ CAROL WILLIAMS
City Clerk of the City of Bakersfield
DEPUT~~ City ~erk \