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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~