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Home My WebLink AboutORD NO 4065ORDINANCE NO. 4065 AN ORDINANCE ADOPTING A NOTICE OF EXEMPTION AND AMENDING SECTION 17.06.020 (ZONE MAP NOS. 101-36 AND 122-01) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM R-1 (ONE-FAMILY DWELLING) AND C-2 (REGIONAL COMMERCIAL) TO OS (OPEN SPACE) ON 40.44 ACRES GENERALLY LOCATED BETWEEN THE ADOPTED JEWE3'rA AVENUE ALIGNMENT, RIO BRAVO CANAL, CROSS VALLEY CANAL AND STOCKDALE HIGHWAY. (02-0106) 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 between the adopted Jewetta Avenue alignment, Rio Bravo Canal, Cross Valley Canal and Stockdale Highway; and WHEREAS, by Resolution No. 27-02 on April 4, 2002, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve OS zoning as delineated on attached Zoning Map Nos. 101-36 and 122-01 marked Exhibit "2", by this Council and this Council has fully considered the recommendations make 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 Notice of Exemption of environmental impact and changes in zoning of the subject property from OS to R-1 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 a Notice of Exemption, 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 Notice of Exemption was advertised and posted on March 1,2002 in accordance with CEQA; and WHEREAS, the general plan designation for this area allows LR (Low Density), GC (General Commercial) and OS-P (Open Space-Parks and Recreational Facilities 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 the California Environmental Quality Act have been followed. The primary purpose of the project is a water spreading ground in extremely wet years while in dry years the site's secondary purpose will be that of a lake and soccer field. The proposed project will not have a significant effect on the environment and subsequent to CEQA, General Rule, Section 15061. (b)(3) "Where it can be ~, ~ ~j~, seen with certainty that there is no possibility that the activity in question may2~ have a significant effect on the environment, the activity is not subject to CEQA." The proposed project is consistent with the surrounding land uses. The proposed project is consistent with the Metropolitan Bakersfield 2010 General Plan. The public necessity, general welfare and good planning practices justify the requested zone change. 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 Notice of Exemption is hereby approved and adopted. 3. File the Notice of Exemption. Upon approval and adoption of the project, the Planning division of the Development Services Department is hereby directed to file a Notice of Exemption with the County Clerk of Kern County, pursuant to the provisions of Section 21152 of the Public Resources Code and Section 15094 of the State CEQA Guidelines adopted pursuant thereto. 4. 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 are shown on Map Nos. 101-36 and Map Nos. 122-01 Exhibit "2" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "3". 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. 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 IIIN 1 ~. ~li~? . by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNClLMEMBER COUNClLMEMBER COUNClLMEMBER 2 ~-)RIGINAL CiTY CLERK and Ex Officio C.~rk of the Council of the City of Bakersfi6~ HARvI~Y L. HALL / MAYOR of the City of 9akersfield APPROVED AS TO FORM: BART J. THI/L~GEN City Attor~/ . S:\Dole\02-0106\CC OZC 1 .wpd C~. ~ '")HIGINN A 2O:* CiTY OF BA~<ERSF~ELD ZONING MAP SEC 36 T 29S LEGENO 101-36 9 0 m i ZONING MAP 122-01 LEGEND EXHIBIT "3" Legal Description Zone Change 02-0106 pARCELA ALL THO~E PORTIONS OF SECTION 36, TOWNSHIP 29 sOUTH, RANGE 26 EAST AND SECTION 1. TOWNSHIP 30. SOUTH, RANGE 26 EAST, M.D.M., CITY OF BAKERSFIELD, cOUNTY OF KERN, STATE OF CALIFORNIA, BEING DESCRIBED AS FOLLOW~: COMMENCING AT THE SO~T CORNER OF SAID SECTION 36, MARKED BY A CITY OF BAKERSFIELD CONCR~lt= MONUMENT IN LAMPHOLE AS SHOWN ON RECORD OF SURVEY BOOK 19 AT PAGES 115 TO 121 IN THE OFFICE OF THE KERN COUNTY RECORDER; THENCE S.IM'lZ26'F~, 2610.84 FEET TO THE POINT OF BEGINNING, BEING A POINT ON THE CENTERUNE OF STOCKDALE HIGHWAY AS SHOWN ON SAID RECORD OF ~URVEY, ALSO BEING THE BEGINNING OF A NON.TANGENT CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 2000.00 FEET AND TO WHICH BEGINNING A RADIAL LINE BEARS N.72'47"34'W.; THENCE DEPARTING SAID CENTERLINE, NORTHEASTERLY ALONG SAID CIJRVE THROUGH A CENTRAL ANGLE OF 44'32~1' AN ARC DISTANCE OF 1554.52 FEET; THENCE N.61'44"30'E., 339~.1 FEET TO THE WESTERLY BOUNDARY OF THE RIO BRAVO CANAL AS DESCRIBED IN BOOK 5356, PAGE ~83, OFFtCIAL RECORDS OF KERN COUNTY; THENCE S~8'48~)2'F-- ALONG SAID WESTERLY BOUNDARY A DISTANCE OF 1232.09 FEET; THENCE S.62°01"38'W-o 44.45 FEET; THENCE S~7'58~I'E., 28.75 FEET TO A POINT ON THE SOUTH LINE OF SAID SECTION 36; THENCE S~7°56~2'F_, 56.12 FEET; THENCE S.62'01~T~N., 94?_26 FEET; THENCE N27'58T;CW., 20.16 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHWEST. HAVING A RADIUS OF 3219.00 FEET AND TO WHICH BEGINNING A RADIAL LINE BEARS N.36°13'lg~E.; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01'47'00" AN ARC DISTANCE OF 100.18 FEET; THENCE S.34'26'20'W., 25.00 FEET TO THE BEGtNNING OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 3194.00 FEET AND TO WHICH A RADIAL LINES BEARS N.34'2§~0'E.; THENCE NORTHV~ESTERLY ALONG SAiD CURVE THROUGH A CENTRAL ANGLE OF 04'34~)8' AN ARC DISTANCE OF 254.70 FEET; THENCE S~9o57'34'W., 139.00 FEET; THENCE S.29'51'57'W., 55.00 FEET TO SAID CENTERLINc- OF STOCKDALE HIGHWAY AND THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE SOLrlTIWEST, HAV1NG A FL~DIUS OF 3000.00 FEET AND TO WHICH BEGINNING A RADIAL LINE BEAR~G N.29°51~7'E.; THENCE NORTHWESTERLY ALONG ~AID CENTERLINE AND SAID cURVE THROUGH A CENTRAL ANGLE OF 12°40'06' AN ARC DISTANCE OF Co65,31 FEET TO THE POINT OF BEGINNING. CONTAINING 40.44 ACRES. ORIGINAL AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) SS. County of Kern ) PAMELA A. McCARTHY, 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 13th day of June , 2002 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4065 , passed by the Bakersfield City Council at a meeting held on the 12th day of June 2002 and entitled: AN ORDINANCE ADOPTING A NOTICE OF EXEMPTION AND AMEDNING SECTION 17.06.020 (ZONE MAP NOS. 101-36 AND 122-01) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM R-1 (ONE FAMILY DWELLING) AND C-2 (REGIONAL COMMERCIAL) TO OS (OPEN SPACE) ON 40.44 ACRES GENERALLY LOCATED BETWEEN THE ADOPTED JEWETTA AVENUE ALIGNMENT, RIO BRAVO CANAL, CROSS VALLEY CANAL AND STOCKDALE HIGHWAY. /s/PAMELA A. McCARTHY City Clerk of the City of Bakersfield B DEP-'t:J,TY Cit~ Clerk O~41GINZ~i