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Home My WebLink AboutORD NO 4067 406? ORDINANCE NO. AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO. t02-30) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM R-l-CH (ONE FAMILY DWELLING-CHURCH) to R-2 (LIMITED MULTIPLE FAMILY DWELLING) ON 7.66 ACRES LOCATED ADJACENT ON THE NORTH SIDE OF BRIMHALL ROAD, APPROXIMATE- LY ONE QUARTER MILE EAST OF JEWETTA AVENUE (FILE# ZC P01-1022). 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 for certain property in the City of Bakersfield located adjacent on the north side of Brimhall Avenue, approximately one quarter mile east of Jewetta Avenue; and WHEREAS, by Resolution No. 37-02 on April 4, 2002, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve ZC P01-1022 as delineated on attached Zoning Map No. 102-30, marked Exhibit "1", by this Council and this Council has fully considered the recommendations made by the Planning Commission as set forth in that Resolution; and WHEREAS, for the above-described proposal, an Initial Study was conducted and it was determined that the proposed project would not have a significant effect on the environment, and, therefore, a Negative Declaration was prepared and posted on March 1, 2002, in accordance with CEQA; and WHEREAS, the law and regulations relating to the preparation and adoption of Negative Declarations, as set forth in CEQA and the City of Bakersfield's CEQA Implementation Procedures, have been duly followed by city staff, the Planning Commission, and this Council; and WHEREAS, the general plan designation for this area allows R-2 (Limited Multiple Family Dwelling) development; and WHEREAS, the City Council has considered and hereby makes the following findings: 1. All above recitals are true and correct. The previsions of the California Environmental Quality Act have been met. The proposed project would not have a significant effect on the environment. The proposed project is consistent with the surrounding land uses. The proposed project is consistent with the Metropolitan Bakersfield 2010 General Plan. Based on the absence of evidence in the record as required by Section 21082.2 of the State of California Public Resources Code (CEQA) for the purpose of documenting significant effects, it is the conclusion of the Lead Agency that this project will result in impacts that fall below the threshold of significance with regard to wildlife resources and, therefore, must be granted a "de minimis" exemption in accordance with Section 711.4 of the State of California Department of Fish and Game Code. Additionally, the assumption of adverse effect is rebutted by the above- reference absence of evidence in the record and the Lead Agency's decision to prepare a Negative Declaration for this project. SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: 1. The above recitals and findings are true and correct and constitute the Findings of the Council, incorporated herein. The Negative Declaration is hereby adopted for Zone Change No. P01- 1022. 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 from R-l-CH (One Family Dwelling-Church) to R-2 (Limited Multiple Family Dwelling) on 7.66 acres of that certain property in said City, the boundaries of which property is shown on Zoning Map No. 102-30, marked Exhibit "1" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "2". 4. That Zone Change No. P01-1022, as outlined above, is hereby subject to the conditions of approval as provided in Exhibit "3". 5. The Planning Division of the Development Services Department is hereby directed to file a Notice of Determination with the County Clerk of Kern County, pursuant to the provisions of Section 21152 of the Public Resources Code and Section 15094 of the CEQA Guidelines adopted pursuant thereto and a Certificate of Fee Exemption pursuant to Section 711.4 (c)(2)(B) of the State of California Department of Fish and Game Code. 2 SECTION 2. This ordinance shall be posted in accordance with the Bakersfield Municipal Code and shall become effective not less than thidy (30) days from and after the date of its passage. ......... 000 ......... 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 June 12, 2002, by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNClLMEMBER COUNCILMEMBER COUNCILMEMBER CITY CLERK and E the Council of the City of Bakersfield APPROVED JUN ~. APPROVED as to form: BART THILTG/J~ By: S:~GPA 1st Qtr 200Z~P01-1022~OZC-CC,P01-1022.wpd ~RIGINAL A R-S E R S R-$ ? Z m CITY OF BAKERSFfELD ZONING MAP 102-30 SEC 30 T 29S R 27£ LEGEND EXHIBIT 2 PROPOSED R-2 ZONE (FROM R-1 CH) BEING ADJUSTED LOTS 1 AND 2 OF LOT LINE ADJUSTMENT NO. 382 AS EVIDENCED BY CERTIFICATE OF COMPLIANCE RECORDED NOVEMBER 8, 1994 AS DOCUMENT NO. 162254, OFFICIAL RECORDS, IN THE OFFICE OF THE KERN COUNTY RECORDER, ALSO BEING A PORTION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 30, TOWNSHIP 29 SOUTH, RANGE 27 EAST, MD.M., CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 30; THENCE S.89°47'10"W. ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER AND THE CENTERLINE OF BRIMHALL ROAD, A DISTANCE OF 1350.14 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 30; THENCE DEPARTING FROM SAID SOUTH LINE AND SAID CENTERLINE, N.00°13'46'~N. ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SOUTHWEST QUARTER, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING N.00°13'46~N. ALONG SAID WEST LINE A DISTANCE OF 747.29 FEET TO A POINT WHICH IS 117.00 FEET NORTH AS MEASURED ALONG SAID WEST LINE FROM THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SOUTHWEST QUARTER; THENCE N.87°13'26"E., 675.69 FEET TO A POINT OF THE EAST LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SAID SOUTHWEST QUARTER, SAID POINT BEING 147.00 FEET NORTH AS MEASURED ALONG SAID EAST LINE FROM THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SOUTHWEST QUARTER; THENCE S.00°13'58"E. ALONG SAID EAST LINE A DISTANCE OF 168.09 FEET; THENCE DEPARTING FROM SAID EAST LINE; S.87°13'26"W., 35.26 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 50.00 FEET AND FROM WHICH BEGINNING A RADIAL LINE BEARS S.63°38'44"W.; THENCE SOUTHERLY AND WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 175°45'36" AN ARC DISTANCE OF 153.38 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 25.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 62°10'55" AN ARC DISTANCE OF 27.13 FEET; THENCE S.87°13'26"VV., 174.26 FEET; THENCE S.00°13'46"E., 565.06 FEET TO THE NORTH LINE OF THE SOUTH 30.00 FEET OF SAID SECTION 30; THENCE S.89°47'10"W. ALONG SAID NORTH LINE A DISTANCE OF 355.00 FEET TO THE POINT OF BEGINNING. CONTAINING 7.66 ACRES. P:~001-136\LEGALS\R-2ZON E.DOC\J FK~APRIL 4,2002 EXHIBIT 3 ZONE CHANGE P01-1022 CONDITIONS OF APPROVAL Except as otherwise stated, along with submittal of any development plan, tentative subdivision map, or application for a lot line adjustment, the following shall occur: Provide fully executed dedication for Brimhall Road to arterial standards for the full frontages of the area within the GPA request. Dedications shall include sufficient widths as needed to complete the right turn lane into Swashbuckle Court west of this site and additional areas for landscaping as directed by the City Engineer. Submit a current title report with the dedication documents. This site is within the BrimhalI-Jewetta Planned Drainage Area. Provide a drainage and construction easement along the west side of the site as determined by the PDA. Submit the fully executed documents for the right turn lane mentioned in (a) above and the drainage and construction easement so they can be accepted at the time of Council approval of the GPNZC. If the PDA facilities have not been constructed at the time of development or division of this site, then the developer/subdivider shall construct those facilities. The developer/subdivider will receive credit against his PDA fees for the construction costs. If those construction costs exceed his PDA fee requirements, then he shall obtain reimbursement for those excess costs as additional areas develop and pay their share of the fees. Access to the arterial streets will be limited and determined at time of division or development. Determination of whether a right turn lane is required at the access street(s) will also be made at the time of division or development. Development on the site shall be subject to the Traffic Impact Fee schedule in effect at the time of issuance of building permits. The entire area covered by this General Plan Amendment/Zone Change shall be included in the Consolidated Maintenance District. The applicant shall pay all fees for inclusion in the Consolidate Maintenance District with submittal of any development plan, tentative subdivision map, Site Plan Review, or application for a lot line adjustment for any portion of this GPA/ZC area. ")NIGINAL 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. 4067 , passed by the Bakersfield City Council at a meeting held on the 12th day of June 2002 and entitled: AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO. 102-30) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM R-l-CH (ONE FAMILY DWELLING CHURCH) TO R-2 (LIMITED MULTIPLE FAMILY DWELLING) ON 7.66 ACRES LOCATED ADJACENT ON THE NORTH SIDE OF BRIMHALL ROAD, APPROXIMATELY ONE QUARTER MILE EAST OF JEWETTA AVE. /s/PAMELA A. McCARTHY City Clerk of the City of Bakersfield By DEPt~TY City Clerk ~ TM