HomeMy WebLinkAboutORD NO 3633ORDINANCE NO. 8 6 3 ~
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND ZONING
MAP 101-25 BY CHANGING THE ZONING OF 58.4
ACRES GENERALLY LOCATED ON THE NORTHEAST
CORNER OF BRIMHALL ROAD AND OLD FARM ROAD.
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 on the northeast corner of Brimhall Road
and Old Farm Road; and
WHEREAS, the Planning Commission did not adopt a recommendation
either approving or denying the proposed zone change or associated negative declaration
of environmental impact; 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 November 1, 1994, in accordance with CEQA; and
WHEREAS, the general plan designation for this area, Suburban
Residential, permits residential development with 14,000 sq. ft. minimum lot sizes; 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. The project, as revised in accordance with staff's recommendations,
will not have a significant effect on the environment.
4. Mitigation measures attached to the project as Exhibit "A" are
included in the project to mitigate impacts.
5. The proposed zone change, as revised in accordance with staff's
recommendation and conditioned as set forth in Exhibit "A", is compatible with existing
surrounding zoning classifications and area development.
6. The proposed zone change, as revised and conditioned, is consistent
with the Metropolitan Bakersfield 2010 General Plan.
7. The project proponent has agreed to a condition of approval which
will restrict future lot sizes adjacent to the northerly project boundary to no less than
18,000 square feet.
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. 101-25 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 4-94, Segment III.
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.
......... 000 .........
2
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
K&R n 8 ~3 , by the following vote:
AYES: COUNCILMEMBER DeMOND, CARSON, SMIT~,~ McDERMOTT, ROWLES, CHOW, SALVAGGIO
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
Assistant CITY CLERK and Ex Officio erk of the
Council of the City of Bakersfield
APPROVED
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY SKOUSEN
CITY ATTORNEY
BY: _
LAURA C. MARINO
ASSISTANT CITY ATTORNEY
MJM:pit
January 9, 1995
res\o494s3zc.cc
3
EXHIBIT "A"
Zone Change No. 5599
Conditions of Approval
Prior to approval of land division or development proposal, an archaeological survey must be
completed. Any mitigation resulting from such report shall be implemented prior to recordation of
the land division map or development approval.
Residential development subsequently approved on the site shall contain no more than 101 lots for
single family dwellings. The minimum net residentiallot area shall be no less than 14,000 square feet.
All interior streets within the future residential development shall be privately maintained, and access
from adjacent public slreets (Brimhall Road and Old Farm Road) shall be by privately-maintained
and gated accessways.
4. Future residential development shall have no access to the existing Greenhaven Street.
Future residential development on the site shall not incorporate any public alley right-of-way adjacent
to the northerly site boundary.
Future residential development on-site shall incorporate a private, commonly-maintained park site
of 1.20 acres. (NOTE: Conditional Use Permit is required for the private park facility.)
Public Works Devartment:
At the time of submission of a tentative subdivision map covering the project area, a local traffic study
identifying local traffic impacts and recommending measures to mitigate these impacts will be
required.
Brimhall Road shall be constructed in a maximum of two phases adjacent to the project area.
Brimhall Road shall be constructed with a 96' curb-to-curb width as required for arterial streets with
bike lanes.
Unless this property joins the lbrmation of an assessment district for the construction of the future
trunk sewer pipeline in Allen Road, a sewer fee will be paid at the time of development within this
area for this future trunk sewer pipeline. This fee will be approximately $300 per dwelling unit.
10.
Conditions 1-6 shall not apply to Tentative Tract 5489 approved May 2, 1991, or to any subsequent
tract submitted to subdivide the area shown as a school site on said tract.
11.
l)rior to issuing any building permit for residential construction within the project area, the City of
Bakersfield Building Department must have received written certification from both the Kern Iligh
School District and the Rosedale Union School District that the project's effect on its public school
facilities have been or will be adequately mitigated.
12. Lots along the western and northern boundaries shall be no less than 18,000 square feet in area.
13. Average lot size to be no less than 18,000 square feet.
p:494s3.ea
CITY OF BAKERSFIELD
ZONING MAP 101-25
LEGEND
~L
EXHIBIT "C"
GENERAL PLAN AMENDMENT 4-94, SEGMENT III
ZONE CHANGE 5599
Legal Description
All that portion of the southeast quarter of Section 25, T.29S., R.26E.. M.D.B.&M., City
of Bakersfield, County of Kern, State of California, being described as follows:
Commencing at the south 1/4 corner of said Section 25;
THENCE S.89°15'25" E. along the south line of said Section 25, a distance of 49.00 feet;
THENCE N.00°01'26" E., a distance of 99.63 feet to the True Point of Beginning, also
being a point on the easterly right-of-way of Old Farm Road as shown on Tract No.
5489-Phase B as filed in Book 41 of Maps at Pages 61 through 63 in the Office of the
Kern County Recorder;
THENCE along said easterly right-of-way the following three (3) courses:
1) N.00°01'26" E., 115.98 feet; THENCE
2) N.00°20'03" W., 640.06 feet; THENCE
3) N.00°01'26" E., 468.44 feet to the south line of Tract No. 4274 as filed in Book 34
of Maps at Page 18 in the Office of the Kern County Recorder;
THENCE S.89°09'58" E. along said south line and the south line of Tract No. 4908 as
filed in Book 36 of Maps at Page 63 in the Office of the Kern County Recorder, a
distance of 1,934.93 feet to the northwest corner of Parcel Map No. 4244 as filed in
Book 19 of Parcel Maps at Page 130 in the Office of the Kern County Recorder;
THENCE S.00°48'24" W. along the west line of said Parcel map No. 4244, a distance of
1,264.96 feet to a point on the north right-of-way line of Brimhall Road as dedicated by
deed recorded in Book 6597, Page 1903, Official Records;
THENCE along said north right-of-way line the following ten (10) courses:
1)
2)
3)
4)
5)
6)
8)
9)
10)
S.89°52'30" W., 60.12 feet;
N.89°15'25" W., 881.64 feet:
N.44°15'36" W., 42.42 feet;
N.89°15'07" W., 70.00 feet;
S.45~44'24" W., 42.43 feet:
N.89°15'25" W., 170.13 feet:
N.88°23'29" W.,
N.84°29'36" W.,
N.89°15'25" W.,
N 44°37'00" W..
329.54 feet;
120.67 feet:
192.50 feet;
42.16 feet to the True Point of Beginning.
Containing 55.80 acres.
p:494s3.1d
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 17th day of March, 1995
she posted on the Bulletin Board at City Hall, a full, true and
correct copy of the following: Ordinance No. 3633, passed by the
Bakersfield City Council at a meeting held on the 8th day of March,
1995, and entitled:
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP 101-
25 BY CHANGING THE ZONING OF 58.4 ACRES
GENERALLY LCOATED ON THE NORTHEAST CORNER OF
BRIMHALL ROAD AND OLD FARM ROAD
By:
/s/ CAROL WILLIAMS
City Clerk of the City of Bakersfield