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