HomeMy WebLinkAboutORD NO 3670ORDINANCE NO. ~ 6 7 0
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND ZONING
MAP 123-07 BY CHANGING THE ZONING OF 16.75
ACRES GENERALLY LOCATED AT THE SOUTHEAST
CORNER OF MING AVENUE AND BUENA VISTA ROAD,
AND AT THE NORTHWEST CORNER OF WHITE LANE
AND MOUNTAIN VISTA DRIVE FROM A MULTIPLE
FAMILY DWELLING TO A 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 at the southeast corner of Ming Avenue and
Buena Vista Road, and at the northwest corner of White Lane and Mountain Vista
Drive; and
WHEREAS, by Resolution No. 40-95 on June 15, 1995, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of
the Municipal Code to approve a change from R-3 (Multiple Family Dwelling to R-1
(One Family Dwelling) and from R-2 (Multiple Family Dwelling) to R-1 (One Family
Dwelling) as delineated on attached Zoning Map No. 123-07 marked Exhibit "B", 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 R-3
(Multiple Family Dwelling to R-1 (One Family Dwelling) and from R-2 (Multiple Family
Dwelling) to R-1 (One Family Dwelling) 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 CEOA 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 May 3,
1995, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows Low Medium
Density Residential and Low Density Residential 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
(CEQA) have been followed.
environment.
The proposed project will not have a significant effect on the
4. Conditions of approval as shown on Exhibit "A" are included in the
project to mitigate impacts.
5. Deletion of the request for R-2 (Multiple Family Dwelling) zoning
on the 55.6 acre area originally proposed in the zone change request will allow for the
retention and expansion of land area within the project that is zoned R-1 (One Family
Dwelling), thereby ensuring compatible development within the Seven Oaks community
in conjunction with existing and proposed land use designations within this project.
SECTION 1.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
Bakersfield as follows:
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. 123-07 marked Exhibit "B" attached hereto and made a part hereof, and are
more specifically described in attached Exhibit "C".
4. Such zone change is hereby made subject to the conditions of
approval listed in attached Exhibit "A", subject to approval of GPA 2-95, Segment I.
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.
......... O00 .........
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
$EP 1 3 1995 , by the following vote:
AYES: COUNCILMEMBER DEMON[}, CARSON, SMITH, McDERMOTT, ROWLES, SULLIVAN, SALVAGGIO
NOES: COUNCILMEMBER_ ~ C.v% ~
ABSTAIN: COUNCILMEMBER ~?~(..3,~._ ~
ABSENT: COUNCILMEMBER \o~c,v~ ~
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED SFP 1 3 1995
BOB PRI E~7F]"~'
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY SKOUSEN
CITY ATFORNEY
BY:
CARL HERNANDEZ
DEPUTY CITY ATTORNEY
EXHIBIT "A"
Conditions of Approval
General Plan Amendment 2-95, Segment I
Zone Change 5633
The proposed park sites (designated OS-P, Open Space - Parks pursuant to this General Plan
Amendment) shall be granted by the developer to the City of Bakersfield in fee simple. The park
sites shall be improved to neighborhood park standards by the developer within one year of the
time that 25 per cent of the residential acreage within both Sections 6 and 7 (northerly and
southerly of Ming Avenue) is recorded as final subdivision maps. Improvements shall be in
conformance with those stipulated for neighborhood parks in the Parks Element of the
Metropolitan Bakersfield 2010 General Plan.
Public Works Department:
The drainage study previously approved by the City Engineer that includes the GPA areas shah be
revised and reapproved by the City Engineer to reflect the changes in run-off resulting from the
changes in land use.
The original local traffic mitigation for Section 7 which resulted from GPA 2-88, Segment V and
which was modified by GPA 2-92, Segment III, shall remain in effect for the GPA areas. As the
actual traffic generation from this General Plan Amendment actually results in less traffic, a
reduction in the percentage shares for specific traffic signals not yet paid for through the existing
local traffic mitigation may be allowed provided calculations are submitted to and approved by the
City Engineer.
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CITY OF BAKERSFIELD
ZONING MAP 123-07
SEC 07 · 3Os R 2?£
LEGEND
EXHIBIT "C"
Legal Description
Zone Change No. 5§33
EXISTING R-3 IN SECTION 7. T.30S., R.27E, M.D.B.&M. TO R-I:
BEING A pARr~. OF LAND IN THE NORTHWEST QUARTER OF SECTION 7. TOWNSHIP 30 SOUTH.
RANGE 27 EAST, M.D.B. & M., CITY OF BAKER~I-II:i.,D. COUNTY OF KERN. STATE OF CALIFORNIA.
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID Sg-(;llON 7, TI-IENCE SOUTH 55°-09'-12"
EAST A DISTANCE OF 117.90 ~ TO A POINT ON THE SoLrrH RIGHT OF WAY LINE OF MING
AVENUE AND TO THE TRUE POINT OF BEGllqNING: THENCE ALONG THE FOLLOWING 10 CrEN)
COURSES:
1 ) SOUTH 89°-11'-45" EAST. 292.27 t-~t; l ALONG SAID RIGHT OF WAY LINE; THENCE
2) NORTH 890-56'-10" EAST, 189.23 I-i;l;l ALONG SAID RIGHT OF WAY LINE; THENCE
3) DEPARTING FROM SAID RIGI.rr OF WAY LINE SOUTH 350-05'-20" EAST, 77.83 FEET; THENCE
4) SOUTH00%39'-IS"WEST, 658.74 i.i:i:i;'rHENCE
NORTH 89'~-11'..45" WEST. 571.87 l'/:g. 1 'TO A POINT ON ~ E. AST RIGHT OF WAY LINE OF
BUENA VISTA ROAD; TI'ILeNCE
6) NORTH 00°'49"47" FAST, 64.90 l'r.l;l ALONG SAID RIGHT OF WAY; TI-IFaNCE
7) NORTH01°..42'-21" EAST, 327.01 l.r.r..! ALONG SAID RIGHT OF WAY; TI-IIiNCE
NORTH 05°-09'-23" £AST, 120.34 l'~lal ALONG SAID RIGHT OF WAY; THENCE
9) NORTH 000'23"20" F_a~T, 176.84 l'/rd:-l' ALONG SAID RIGHT OF WAY; THID~CE
10) NORTH 45°'36"57" F_.AffT, 42.59 ~'m:~ ALONG SAID RIGHT OF WAY TO THE TRUE POINT OF
BEGINNING.
CONTAINING 9.28 ACRES
KXISTING R-2 IN SECTION 7, T.30S.. IL27E.. M.D.B.&M. TO R-l:
A PARCEL OF LAND LOCA-I-I~ IN THE SOUTHWEST QUARTER OF SECTION 7,
TOWNSHI~ 30 SOUTH, RANGE 27 EAST, M.D.B. & M.. CITY OF BAKERSFIELD,
COUNTY OF KERN, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT TIlE SOLrrHWEST CORNER OF SAID SECTION 7; THI~CE NORTH
89o-05'-05" EAST A DISTANCE OF 1893.86 FEET TO A POINT ON TH~ NORTH ROW
LINE OF Wl-fil ~ LANE, SAID POINT BEING THE TRUE POINT OF BEGINNING:
THENCE NORTH 00"49'-49" EAST A DISTANCE OF 395.00 FEET; THENCE SOUTH 89~-
15',,04" EAST A DISTANCE OF 825.38 FEET TO A POINT ON THE WEST ROW LINE OF
MOUNTAIN VISTA DRIVE; AND THE BEGINNING OF A NON TANGENT CURVE
CONCAVE TO THE WEST WI IH A RADIUS OF 955.00 FEET AND A RADIAL BEARING
OF SOUTH 84%24'-09" WEST TO THE RADIUS POINT. THENCE ALONG SAID CURVE
A DISTANCE OF 105.75 FEET AND THROUGH A CEN-I'KAL ANGLE OF 6°-20'-40",
THENCE SOUTH 000-44'-49" WEST ALONG SAID ROW LINE A DISTANCE OF 254.47
FEET: THENCE CONIIIqUING ALONG SAID ROW LINE SOUTH 45°-44'-53" WEST A
DISTANCE OF 42.43 FEET TO A POINT ON THE NORTH ROW LINE OF Wl-trt l: LANE;
THENCE NORTH 89°-15'.04" WEST ALONG SAID ROW LINE A DISTANCE OF 315.00
FEET: THENCE CONTINUING ALONG SAID ROW LINE SOUTH 89°-52'-51" WEST A
DISTANCE OF 330.04 FEET: THENCE CONTINUING ALONG SAID ROW LINE NORTH
89o.15'-04"WEST A DISTANCE OF 156.81 FEET TO THE POINT OF BEGINNING. SAID
PAKCEL CONTAINING 747 ACRES. MORE OR LESS.
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SS.
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 14th day of September,
1995 she posted on the Bulletin Board at City Hall, a full, true
and correct copy of the following: Ordinance No. 3670, passed by
the Bakersfield City Council at a meeting held on the 13th day of
September, 1995, and entitled:
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP 123-
07 BY CHANGING THE ZONING OF 16.75 ACRES
GENEALLY LOCATED AT THE SOUTHEAST CORNER OF
MING AVENUE AND BUENA VISTA ROAD, AND AT THE
NORTHWEST CORNER OF WHITE LAME AND MOUNTAIN
VISTA DRIVE FROM A MULTIPLE FAMILY DWELLING TO
A ONE FAMILY DWELLING ZONE
/s/ CAROL WILLIAMS
City Clerk of the City of Bakersfield