HomeMy WebLinkAboutORD NO 3618ORDINANCE NO. 3 6 1 8
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND ZONING
MAP 123-08 BY CHANGING THE ZONING OF 14 ACRES
GENERALLY LOCATED SOUTHEAST OF MING AVENUE
AND HAGGIN OAKS BLVD. FROM A LIMITED
MULTIPLE FAMILY DWELLING TO A ONE 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 southeast of Ming Avenue and Haggin Oaks
Blvd.; and
WHEREAS, by Resolution No. 46-94 on September 15, 1994, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of
the Municipal Code to approve R-1 (One Family Dwelling) as delineated on attached
Zoning Map No. 123-08 marked Exhibit "B", 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 R-2
(Limited Multiple Family Dwelling) 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 with mitigation was advertised and
posted on July 29, 1994, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows single family
residential development; and
WHEREAS, the City Council has considered and hereby makes the
following findings:
1. All required notices have been given.
2. The provisions of the California Environmental Quality Act
(CEQA have been followed.
3. 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 Negative Declaration with mitigation measures was advertised and
posted on July 29, 1994, in accordance with CEQA.
4. The public necessity, general welfare and good zoning practice
justify the change of zone to R-1.
5. The proposed zone change to R-I is consistent with the
Metropolitan Bakersfield 2010 General Plan, with the approval of GPA 3-94, Segment I.
SECTION 1.
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. 123-08 marked Exhibit "B" attached hereto and made a part hereof, and are
more specifically described in attached Exhibit "C".
4. Such zone change is hereby made subject to the conditions of
approval listed in attached Exhibit "A", subject to approval of GPA 3-94, Segment I.
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.
......... O00 .........
I HEREBY CERTIFY that the foregoing Ordinance was passed and
adopted by the Council of the _C_i. ty of Bakersfield at a regular meeting thereof held on
13£C 1 4 lffi~ , by the following vote:
AYES: COUNCILMEMBERS DEMOND, CARSON, SMITH, ~C~K~L~, ROWLES, - .... , SALVAGCIO
NOES: COUNCILMEMBERS NONE
ABSTAIN: COUNCI LMEMBERS NONE
ABSENT: COUNCILMEMBERS MCDE~Gff'r
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED BEg 1 4 ~
BOB PlaICE
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY SKOUSEN
CITY A'ITORNEY
BY: ~_.~X. ~ t~ ~ .....
LAURA C. MARINO
ASSISTANT CITY ATTORNEY
MO:pjt
October 7, 1994
res\o394sl.cc
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EXHIBIT "A"
General Plan Amendment 3-94, Segment I
Zone Change No. 5581
Conditions of Approval
Plannin~ Department:
Habitat Conservation fees for this project will be calculated based on the fee in effect at the time
payable to the Planning Department prior to issuance of an urban development permit (includes
grading plan approvals) as defined in the Implementation/Management Agreement (Section 2.21) for
the Metropolitan Bakersfield Habitat Conservation Plan. Upon payment of fees, applicant will receive
acknowledgement of compliance with Metropolitan Bakersfield Habitat Conservation Plan
( Implementation/Management Agreement Section 3.1.4).
Public Works Department:
NOTE: * indicates adjustments have been made on these items to account for the Regional Transportation
Impact Fee's contribution towards the item.
Upon further subdivision or development, the developer shall pay to the City fees for his
proporfionate share of future traffic signals in the project area impacted from the potential increase
in trip generation between the proposed land use and the existing land use. The signals and the
developer's proportionate share are as follows:
Haggin Oaks Blvd at Ming Ave $ 5,720.00
Gosford Rd at N. Laruelglen Blvd $ 520.00
TOTAL
$ 6,240.00
(4.4% of $130,000.00)
(0.4% of $130,000.00)
The traffic study and resulting impacts identified in item 2. above are based on a residential density
of 90 R-2 units (as stated in the traffic study), while the land use proposed could allow more or less
units. The fee per unit is $69.33. Should an increase of more than 5% in the residential units be
proposed for any specific project within the GPA area, then a review and possible revision to the
traffic study shall be required at tentative map submittal. Otherwise, the fee of $69.33 per dwelling
unit will be maintained even if the residential units that are finally created are less than, or no more
than 5% greater than that proposed so that proportionate local traffic mitigation will be achieved.
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CITY OF BAKERSFIELD
ZONING MAP 123-08
SEC 08 T 3Os R 27E
LEGEND
EXHIBIT C
ZONE CHANGE 5581
THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 8, T.30S.,
R.27E., M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN, STATE
OF CALIFORNIA, LYING SOUTHERLY OF THE SOUTHERLY RIGHT-OF-WAY
OF MING AVENUE AS DESCRIBED IN BOOK 5487, PAGE 297, OFFICIAL
RECORDS; LYING WESTERLY OF THE WESTERLY BOUNDARY OF THE
ARVIN-EDISON CANAL AS DESCRIBED IN BOOK 3840, PAGE 291,
OFFICIAL RECORDS AND AS AMENDED IN BOOK 4000, PAGE 17,
OFFICIAL RECORDS; AND NORTHERLY OF THE NORTHERLY BOUNDARY OF
TRACT NO. 4472 AS FILED MARCH 21, 1983 IN BOOK 32 OF MAPS AT
PAGES 51 TO 53 IN OFFICE OF THE KERN COUNTY RECORDER.
EXCEPTING THEREFROM THAT PORTION OF LAND DESCRIBED AS PARCEL
7 IN THE DEED TO THE CITY OF BAKERSFIELD, RECORDED IN BOOK
5673, PAGE 389, OFFICIAL RECORDS.
CONTAINING 14.17 NET ACRES.
5464gpa.doc
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SSo
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 19th day of December, 1994
she posted on the Bulletin Board at City Hall, a full, true and
correct copy of the following:
Bakersfield City Council at a
December, 1994, and entitled:
Ordinance No. 3618, passed by the
meeting held on the 14th day of
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO.
123-08 BY CHANGING THE ZONING OF 14 ACRES
GENERALLY LOCATED SOUTHEAST OF MING AVENUE AND
HAGGIN OAKS BLVD. FROM A LIMITED MULTIPLE
FAMILY DWELLING TO A ONE FAMILY DWELLING ZONE
By:
/s/ CAROL WILLIAMS
City Clerk of the City of Bakersfield
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