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HomeMy WebLinkAboutORD NO 4066ORDINANCE NO. ~: 0 6 6 AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 123-25 BY CHANGING THE ZONING FROM A-20A TO R-1 ON 98.39 ACRES GENERALLY LOCATED EAST OF WIBLE ROAD BETWEEN BERKSHIRE ROAD AND HOSKING ROAD (FILE # P01-1014) 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 east of Wible Road between Berkshire Road and Hosking Road; and WHEREAS, by Resolution No.25-02 on April 4, 2002, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve R-1 zoning as delineated on attached Zoning Map No. 123-25 marked Exhibit "2", 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 A-20A 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 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 was advertised and posted on March 2, 2002 in accordance with CEQA; and WHEREAS, the general plan designation for this area allows LR (Low Density Residential), LMR (Low Medium Density Residential), HR (High Density Residential) and GC (General Commercial) 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. Conditions of Approval shown on Exhibit "1" are included in the project to ameliorate impacts. 4. 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 of the Sate of California 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. 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. 123-25 marked Exhibit "2" attached hereto and made a part hereof, and more specifically described in attached Exhibit "3". 4. Such zone change is hereby made subject to the approval of conditions of approval listed in attached Exhibit "1", subject to approval of GPA 01-1014. 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. ......... 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 JUN 1 2 ?00;~ , by the following vote: AYES: NOES: ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER ~ 2 CiTY CLERK and Ex Officio~lerk of the Council of the City of Bakersfield APPROVED JUN 1 2 2002 HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED AS TO FORM: cB ,~yR~Tt tJo'r "[J~.~T~ E" By: ~_ ~--~ ~,~ May 23, 2002 (10:12am) 3 ~RIGINAL EXHIBIT "1" General Plan AmendmentJZone Change P01-1014 Conditions Of Approval Public Works Deoartment Prior to an application being deemed complete for land division, development, boundary adjustment, or other approval for the GPNZC site, the following shall be completed to the satisfaction of the City Engineer: Submit an overall sewer and drainage plan for the entire project site for review and approval by the City Engineer. In siting the ultimate retention area, consideration is to be given to possible consolidation of retention basins as adjacent areas are developed. A drainage easement for the retention basin site of a size and configuration to meet ultimate retention requirements Test results that show the ultimate retention site exceeds minimum infiltration requirements. With the first subdivision, the entire project area shall be included in the Consolidated Maintenance District. The applicant shall pay all fees for inclusion of the entire GPNZC site in the Consolidated Maintenance District. Unless otherwise directed by the City Engineer, with the first subdivision fronting on Hosking Avenue, construct Hosking Avenue to arterial standards along the entire frontage of the GPNZC area. Each lot within the entire subdivision shall pay its proportionate share of the major improvements. Unless otherwise directed by the City Engineer, with the first subdivision fronting on Berkshire Road, construct Berkshire Road to local standards to tie into existing improvements west of the project site. Access to the arterial street will be limited and determined at time of division or development. Determination of whether a right turn lane is required at the access points (streets or drives) will also be made at the time of division or development. A full access opening will only be considered if the developer funds and installs a traffic signal at the site entrance. Said signal will only be permitted if a signal synchronization study is submitted and approved, which shows progression is not adversely affected. 7. If irrigation lines or ditches will be within the ultimate street rights of way, then the ORIGINAi applicant shall relocate and/or pipe the existing irrigation canals or ditches. An irrigation line will not be allowed in the road right-of-way, but must be located outside the right-of- way. RED S:\Dole\POl*lO14\Exhibit 1 Conditions Mod.wpd ORiGIN~ C-Z R-2 CITY OF BAKERSFIEL0 ZONING MAP 123-25 SEC 25 T 30S R.27[ LEGENO ----L EXHIBIT "3" ZONE CHANGE POI-lO14 LEGAL DESCRIPTION A PARCEL OF LAND BEING PORTIONS OF LOTS 22, 23, 24, 25, 26 AND 27 OF SECTION 25, TOWNSHIP 30 SOUTH, RANGE 27 EAST, M.D.B. & M., KERN COUNTY CALIFORNIA, AS SAID LOTS ARE SHOWN ON SAID "SALES MAP NO. 1 OF LANDS OF J. B. HAGGIN", MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ONTHE SOUTH LINE'OF SAID LOT 26 (ALSO BEING ON THE SOUTH LINE OF SAID SECTION 25) DISTANT'662 FEET EAST OF THE SOUTHWEST CORNER OF SAID LOT 26, THENCE NORTHWESTERLY ALONG A DIRECT LINE, 1144 FEET TO A POINT ON THE EAST LINE OF THE WEST 202 FEET OF SAID SECTION 25, THENCE WEST AND PARALLEL WITH THE NORTH LINE OF SAID LOT 25, A DISTANCE OF 34.84 FEET (MORE OR LESS) TO THE EAST LINE OF THE PROPERTY CONVEYED BY DEED RECORDED IN BOOK 6009, PAGE 1659, OFFICIAL RECORDS IN THE OFFICE OF THE KERN COUNTY RECORDER. THENCE NORTHERLY ALONG SAID EAST LINE TO A POINT ON THE NORTH LINE OF SAID LOT 25, SAID POINT IS ALSO THE SOUTHEAST CORNER OF THAT PARCEL CONVEYED BY DEED RECORDED IN BOOK 1163, PAGE 91 OFFICIAL RECORDS IN THE OFFICE OF THE KERN COUNTY RECORDER; THENCE NORTHERLy ALONG THE EAST LINE OF SAID PARCEL A DISTANCE OF 244 FEET TO A POINT AT THE NORTHEAST CORNER OF SAID PARCEL, SAID POINT ALSO BEING ON THE SOUTH LINE OF A PARCEL CONVEYED BY DEED RECORDED IN BOOK 1211 PAGE 153, OFFICIAL RECORDS IN THE OFFICE OF THE KERN COUNTY RECORDER; THENCE THE FOLLOWING 6 COURSES ALONG THE BOUNDARy OF SAID PARCEL; (1) EAST A DISTANCE OF 5 FEET; (2) THENCE NORTH PARALLEL WITH THE WEST LINE OF SAID SECTION A DISTANCE OF 123 FEET; (3) THENCE EAST PARALLEL WITH THE SOUTH LINE OF SAID LOT 24 A DISTANCE OF 119 FEET; (4) THENCE NORTH PARALLEL WITH THE WEST LINE OF SAID SECTION A DISTANCE OF 293 FEET; (5) THENCE WEST PARALLEL WITH SAID SOUTH LINE A DISTANCE OF 108 FEET; (6) THENCE NORTHERLy 222 FEET TO A POINT WHICH IS 182 FEET EAST OF THE WEST LINE OF SAID SECTION, SAID POINT ALSO BEING ON THE SOUTHERLy LINE OF THAT PARCEL CONVEYED BY DEED RECORDED IN BOOK 1212 PAGE 433, OFFICIAL RECORDS IN THE KERN COUNTY RECORDER'S OFFICE; THENCE FOLLOWING THE BOUNDARy OF SAID PARCEL THE FOLLOWING 4 COURSES; (1) EAST A DISTANCE OF 36 FEET; (2) THENCE SOUTH 100 FEET; (3) THENCE EAST 232 FEET; (4) THENCE NORTH 140 FEET TO A POINT ON THE SOUTH LINE OF THAT PARCEL CONVEYED BY DEED RECORDED IN BOOK 1220 PAGE 461, OFFICIAL RECORDS IN THE KERN COUNTY RECORDERS OFFICE; THENCE EAST ALONG THE SOUTH LINE OF SAID PARCEL A DISTANCE OF 13 FEET TO THE SOUTHEAST CORNER,DF SAID PARCEL' THENCE NORTH ALONG THE EAST LINE OF SAID PARCEL A DISTANCE OF 166 FEET TO THE SOUTHWEST CORNER OF A PARCEL CONVEYED BY DEED RECORDED IN BOOK 1757 PAGE 349 OFFICIAL RECORDS IN THE KERN COUNTY RECORDER'S OFFICE; THENCE NORTH ALONG THE EAST LINE OF SAID PARCEL A DISTANCE OF 200.26 FEET MORE OR LESS TO A POINT ON THE SOUTH LINE OF THE NORTH 30 FEET OF SAID LOT; THENCE EAST ALONG SAID SOUTH LINE TO A POINT 91 FEET WEST OF THE EAST LINE OF SAID LOT 22; THENCE SOUTHEASTERLY TO A POINT ON THE EAST LINE OF SAID LOT, DISTANT 460 FEET FROM THE NORTHEAST CORNER THEREOF; THENCE SOUTH ALONG THE EAST LINE OF SAID LOTS 22 AND 27, A DISTANCE OF 2178.98 FEET TO THE SOUTHEAST CORNER OF SAID LOT 27 ALSO BEING ON THE SOUTH LINE OF SAID SECTION 25; THENCE WEST ALONG THE SOUTH LINES OF SAID LOTS 27 AND 26, A DISTANCE 1320.24 FEET TO THE POINT OF BEGINNING. EXCEPTING THE PUBLIC ROAD RIGHT-OF-WAY FOR HOSKING AVENUE. CONTAINING 98.39 ACRES NET MORE OR LESS AS PER COUNTY ASSESSOR'S RECORDS. 101446.200 L.S. 3707 AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) 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. 4066 , passed by the Bakersfield City Council at a meeting held on the 12th day of June 2002 and entitled: AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 123-25 BY CHANGING THE ZONING FROM A- 20A TO R-1 ON 98.30 ACRES GENERALLY LOCATED EAST OF WIBLE ROAD BETWEEN BERKSHIRE ROAD AND HOSKING ROAD. /s/PAMELA A. McCARTHY City Clerk of the City of Bakersfield B I~E'PIS,TY City