HomeMy WebLinkAboutORD NO 3655ORDINANCE NO. ~ 6 5 5
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND ZONING
MAP NO. 123-18 BY CHANGING THE ZONING OF 18.57
ACRES GENERALLY LOCATED SOUTH OF WHITE
LANE, WEST OF SADDLE DRIVE AND EAST OF
MOUNTAIN VISTA DRIVE FROM AN A (AGRICULTURE)
ZONE TO AN R-1 (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 south of White Lane, west of Saddle Drive
and east of Mountain Vista Drive; and
WHEREAS, on April 6, 1995, the Planning Commission voted not to
approve an ordinance amending Title 17 of the Municipal Code to approve zone change
of the subject property from an A (Agriculture) zone to an R-2 (Limited Multiple
Family Dwelling) zone on 18.57 acres as delineated on attached Zoning Map No. 123-18
marked Exhibit "A", by this Council and this Council has fully considered the action by
the Planning Commission; and
WHEREAS, subsequent to the public hearing in a letter dated April 7,
1995, the applicant, Martin-Mcintosh on behalf of the owner, Kern College Land
Company has appealed the decision of the Planning Commission of the subject zone
change to this Council; and
WHEREAS, various persons from the surrounding neighborhood spoke in
opposition to the R-2 zoning, raising concerns regarding incompatibility of the proposed
zoning with existing uses, increased traffic and noise; and
WHEREAS, there is a need to maintain conformity and compatibility with
the adjacent neighborhood; 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 March 3, 1995, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows residential
development; and
WHEREAS, on May 17, 1995, the City Council heard the applicant's
appeal for the subject zone change; and ~i'
WHEREAS, the City Council partially upholds the applicant's appeal for
residential zoning of the subject property by overturning the decision of the Planning
Commission for denial, thereby supporting approval and adoption of the zone change,
subject to appropriate conditions of approval in Exhibit "C" from an A (Agriculture)
zone to an R-1 (One Family Dwelling) zone, specifically stipulated by the Council
because it is a more restrictive zone than the applicant's requested R-2 (Limited
Multiple Family Dwelling) zone, on 18.57 acres as delineated on attached Zoning Map
No. 123-18 marked Exhibit "A", by this Council; 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. The proposed zone change is consistent with the Metropolitan
Bakersfield 2010 General Plan.
4. Based upon an Initial Study, staff determined the proposed project
could not have a significant effect on the environment. A Negative Declaration was
advertised and posted on March 3, 1995, in accordance with the California
Environmental Quality Act (CEQA).
5. Conditions of approval attached to the project as Exhibit "C", are
included in the project to mitigate potential traffic and school impacts.
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 "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".
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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 ........
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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
Jill 1 9 1~95 , by the following vote:
Assistant CITY CLERK and Ex Offic'q/~ CTlerk of the
Council of the City of Bakersfield
APPROVED JUL 19 ~
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY SKOUSEN
CITY ATTORNEY
LAURA C. MARINO
Assistant City Attorney
DR:pit
July 5, 1995
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CITY OF BAKERSFIELD
ZONING MAP
Zone Change No. _5622
ALL THAT PORTION OF SECTION 18. T.30S.. R.2TE.. M.D.M., CITY OF
BAKERSI'u'.I-I'L COUNTY OF KERN. STATE OF CA/./FORNIA. BEING
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION,
A[-qO BEING THE C~ INlir. F, SECTION OF Wl-lii-i: LANE AND
MOUNTAIN VISTA DRIVE; THt/NCE S.00°~6'31"W., ALONG THE
CEI~i-~..ur-INE OF MOUNTAIN VISTA DRIVE A DISTANCE OF 604.98 FEET TO
THE NORTHWEST CORNER OF TRACT NO.$174 AS FII'.:n IN BOOK 38 OF
MAPS AT PAGE 66 IN THE OFFICE OF THE ~ COUNTY
Tlal~CE S.89'1~'32'E., ALONG 'IRE NORTH ~ OF SAID TRACT NO.5174
A DISTANCE OF 52.41 FI/ET TO TH~ TRUE POlliT OF BFJllNNING; THENCE
DI/PARTING FROM'SAID NORTH ~ N.O2*38'23'F-, 289.93 l-hi:l-;
N.O0°~6'31'F-.., 230.33 FEET; ~CE N.45°:~0'I9'E., 42.35 FI/ET;
S.89°15'32'F-, 1416.06 ~ TO THE Weail:~,LY RIGHT-OF-WAY OF
SADDLE DRIVE AS SHOWN ON TRACT NO. 4345-PHA..Sl/ A AS Firma IN
BOOK 33 OF MAPS AT PAGE 98 IN TI~ OFFICE OF ~ g'h-n,N COUNTY
l~g/"Ollt~g~: 'I'gi~ICE ALONG SAID WI/STERLY RIGHT-OF-WAY
FOLLOWING FIVE (5) COURSF_.S:
(1)
(3)
(4)
S.44°15'32"E. 28.28 FEET;
S.00'~.'28"W., 10~.00 t.l:uri-; TO THE BEGIlqNING OF A CURVE
CONCAVE TO THE EAST, HAVING A RADIUS OF 300.00 FEET;
SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 07°24'07' AN ARC DISTANCE OF 38.76 FEET TO THE
BEGINNING OF A REVEltIE CURVE CONCAVE TO TIlE WEST,
HAVING A RADIUS OF 300.00 FEET; TltENCE
SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 07~24'07" AN ARC DISTANCE OF 311.76
S.00°44'28"W., 347.70 FEET TO THE NORTFrh-!~Y LINE OF SAID
TRACT NO. 4345-PHASE A; THI~NCE N.89°15'32'W. ALONG THE NORTH
~ OF SAID TRACT NO.4345-PHASE A AND TRACT NO.5174 A DISTANCE
OF 1481.47 FEET TO THE POINT OF BEGINNING. /' ?~c,~'~
CONTAINING 18.57 ACRES. .- '
LE~AJ..:89_176
EXHIBIT "C"
Zone Change No. 5622
Conditions of Approval
Upon future application for subdivision, the Traffic Engineer shall determine the
need for any additional traffic study/analysis to be provided by the developer.
Traffic signal interconnect conduit and conductor shall be installed along the
White Lane project frontage.
Prior to issuance of a building permit within the project area, the Kern High
School District and Panama-Buena Vista Union School District must be paid the
amount of $3.80 per square foot of assessable space (as defined in Section 65995
of the Government Code) for each residence for the purpose of providing school
facilities. This amount will increase 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. Payment will not be required to a district which has certified in
writing that alternative mitigation measures have been undertaken with respect to
the project to adequately address school overcrowding.
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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 20th day of July, 1995 she
posted on the Bulletin Board at City Hall, a full, true and correct
copy of the following: Ordinance No. 3655, passed by the
Bakersfield City Council at a meeting held on the 19th day of July,
1995, and entitled:
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO.
123-18 BY CHANGING THE ZONING OF 18.57 ACRES
GENERALLY LOCATED SOUTH OF WHITE LANE, WEST OF
SADDLE DRIVE AND EAST OF MOUNTAIN VISTA DRIVE
FROM AM A (AGRICULTURE) ZONE TO AN R-1 (ONE
FAMILY DWELLING) ZONE
By:
/s/ CAROL WILLIAMS
City Clerk of the City of Bakersfield