HomeMy WebLinkAboutORD NO 3671ORDINANCE NO. 8 6 7 l
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND ZONING
MAP 104-16 BY CHANGING THE ZONING OF 53 +/-
ACRES GENERALLY LOCATED SOUTHWESTERLY AND
SOUTHEASTERLY OF THE INTERSECTION OF STATE
ROUTE 178 AND COMANCHE DRIVE FROM COUNTY
ESTATE RESIDENTIAL-RESIDENTIAL SUBURBAN
COMBINING, LOW DENSITY RESIDENTIAL AND
NEIGHBORHOOD COMMERCIAL-PRECISE
DEVELOPMENT COMBINING ZONES TO CITY
RESIDENTIAL SUBURBAN-ONE ACRE MINIMUM LOT
SIZE, ONE FAMILY DWELLING AND NEIGHBORHOOD
COMMERCIAL ZONES.
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 southwesterly and southeasterly of the
intersection of State Route 178 and Comanche Drive; and
WHEREAS, by Resolution No. 42-95 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 County Estate Residential-Residential
Suburban Combining, Low Density Residential and Neighborhood Commercial-Precise
Development Combining to City of Bakersfield Residential Suburban-One Acre
Minimum Lot Size, One Family Dwelling and Neighborhood Commercial as delineated
on attached Zoning Map No. 104-16 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 County
Estate Residential-Residential Suburban Combining, Low Density Residential and
Neighborhood Commercial-Precise Development Combining to City of Bakersfield
Residential Suburban-One Acre Minimum Lot Size, One Family Dwelling and
Neighborhood Commercial 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 with mitigation was advertised a~d;, .~ ,,
posted on April 28, 1995, in accordance with CEQA; and , ·
WHEREAS, the general plan designation for this area allows Estate
Residential, Low Medium Density Residential and 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
(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. The proposed zoning classifications are compatible with surrounding
zoning and existing and projected future land uses.
6. The proposed zoning classifications will provide for continuity of
existing zoning and land uses within and surrounding the site, and ensure adequate
buffering between residential and commercial development.
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. 104-16 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 II.
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.
......... 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
I6Ep J- ~ ~ , by the following vote:
AYES: COUNCILMEMBER DeMOND, CARSON, SMITH, McDERMOTT, ROWLES, SULLIVAN, SALVAGGIO
NOES: COUNCiLMEMBER__
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED $EP 1 3 1995
BOB PRICE
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY SKOUSEN
CITY ATTORNEY
BY:
CARL HERNANDEZ
DEPUTY CITY ATTORNEY
EXHIBIT "A"
Plan Amendment 2-95, Segment II
Prezoning No. 5605
(GREENHILLS NO. I ANNEXATION)
Any future structures for human occupancy proposed within the portion of the
project lying within the boundaries of the "Earthquake Fault Zone" as shown on
the "Revised Official Map, Rio Bravo USGS Quad., effective January 1, 1985",
published by the California State Division of Mines and Geology, shall require
completion of a special geological hazards study by a duly registered engineering
geologist, at the subdivision or building permit review stage. Future grading and
construction activities occurring within the affected area shall be required to
comply with all geologic hazard mitigation measures identified in such
professional geological study.
Prior to site disturbance or commencement of pre-development activities on
undeveloped portions of the project site, an archaeological survey shall be
performed in accordance with the guidelines of the California Archaeological
Information Center at California State University, Bakersfield. Any mitigation
measures recommended by such study shall be completed prior to issuance of
permits on the affected portion of the site. Proof of such compliance is to be
submitted to the Development Services Department.
P:295S2.ea
CITY OF BAKERSFIELD
ZONING MAP 104-16
SEC 16 [ 29s R 29E
LEGEND
EXHIBIT "C"
Prezoning 5605
To City C-1 (Neighborhood Commercial) Zone
A portion of the Northeast quarter of Section 16, T.29S., R.29E.,
M.D.M., Kern County, California, more particularly described as
follows:
All of Parcel 1 of Parcel Map No. 672 filed for record
in Book 4 of Parcel Maps, Page 8 in the office of the
Kern County Recorder.
Containing 1.505 acres (+/-)
To City R-1 (One-Familv Dwellino) Zone
A portion of the east half of said Section 16, more particularly
described as follows:
All of Parcel 3 of said Parcel Map No. 672.
Also including: Parcel 3 of Parcel Map No. 1355 filed
for record in Book 12 of Parcel Maps, Page 122 in the
office of the Kern County Recorder.
EXCEPTING the public road right of way for Commanche Drive (Co.
Rd. No. 1837).
Containing 24.402 acres (+/-)
To City R-S-1A (Residential Suburban, One Acre Minimum Lot Size)
Zone
A portion of the east half of said Section 16, more particularly
described as follows:
Parcel No. 1 and Parcel No. 2 of Parcel Map No. 1355
filed for record in Book 12 of Parcel Maps, Page 122 in
the office of the Kern County Recorder.
EXCEPTING the state highway right of way for State Route VI-KER-
178.
Containing 23.523 acres (+/-)
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. 3671, 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 104-
16 BY CHANGING THE ZONING OF 53+\- ACRES
GENEALLY LOCATED AT THE SOUTHWESTERLY AND
SOUTHEASTERLY OF THE INTERSECTION OF STATE
ROUTE 178 AND COMANCHE DRIVE FROM COUNTY
ESTATE RESIDENTIAL-RESIDENTIAL SUBURBAN
COMBINING, LOW DENSITY RESIDENTIAL AND
NEIGHBORHOOD COMMERCIAL-RECISE DEVELOPMENT
COMBINING ZONES TO CITY RESIDENTIAL SUBURBAN-
ONE ACRE MINIMUM LOT SIZE, ONE FAMILY DWELLING
AND NEIGHBORHOOD COMMERCIAL ZONES
/s/ CAROL WILLIAMS
City Clerk of the City of Bakersfield
DEPUTY City Di~