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Home My WebLink AboutORD NO 3710ORDINANCE NO. ~ 7 1 0 AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP 123-21 BY CHANGING THE ZONING OF 13.07 ACRES GENERALLY LOCATED ON THE NORTH SIDE OF HARRIS ROAD BETWEEN SPRING CREEK LOOP AND ASHE ROAD. 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 on the north side of Harris Road between Spring Creek Loop and Ashe Road; and WHEREAS, by Resolution No. 95-95 on DECEMBER 21, 1995, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve a change from Planned Unit Development to One Family Dwelling zoning as delineated on attached Zoning Map No. 123-21 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 Planned Unit Development to 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 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 November 6, 1995, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows Low Density Residential development; and WHEREAS, the City Council has considered and hereby makes the following findings: 1. All required notices have been given. 2. The provisions of the California Environmental Quality Act (CEQA) have been followed. 3. The proposed project will not have a significant effect on the environment. 4. Conditions of approval as shown on Exhibit "A" are included in the project to mitigate impacts. 5. The proposed zoning classification is compatible with existing and projected land uses and zoning in the surrounding vicinity. 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. 123-21 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 conditions of approval listed in Exhibit "A" and subject to prior approval of GPA 4-95, Segment VII. 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. 2 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 M~R 0 § ~ , by the following vote: AYES: COUNCILMEMBER DeMOND, CARSON, SMITH, McDERMOTT, ROWLES, SULLIVAN, SALVAGGIO NOES: COUNCILMEMBER ABSTAIN: COUNC LMEMBER I.'.-~..t~ ABSEN~ COUNCILMEMBER Acting APPROVED BOB ~PRICE MAYOR of the City of Bakersfield Council of the City of Bakersfield ofthe APPROVED as to form: JUDY SKOUSEN CITY ATTORNEY res~495s7zc.cc MJM January 26, 1996 EXHIBIT "A" Conditions of Approval Zone Change 5673 Drainage provisions for the project area shall be in accordance with the master drainage study previously submitted and approved by the City Engineer for the Silver Creek area. Sewerage provisions for the project area shall be in accordance with the master sewer study previously submitted and approved by the City Engineer for the Silver Creek area. Upon further subdivision or development, the developer shall pay to the City fees for his proportionate share of the cost of future traffic signals and street improvements in the project area impacted from the project. These fees shall be paid at the time of issuance of a building permit. The identified traffic signals and street improvements, and the developer's proportionate share, are shown on Table A. The traffic study and resulting impacts identified in Table A are based on 59 single family dwelling units within the GPA area, while the land use proposed would allow more dwelling units. Based on the above units, the local traffic mitigation yields a unit cost per single family unit of $203.43. This unit cost per single family unit shall be maintained irregardless of the number of units that are finally created so that proportionate traffic mitigation will be achieved. Should an increase of more than 5% in dwelling units be proposed for any specific project within the GPA area, then a review and possible revision to the traffic study and resulting revision to local traffic mitigation fees may be required. p:5673.eb CITY OF BAKERSFIELD · .... "'" ZONING MAP 123-21 EXHIBIT "C" Legal Description Zone Change No. 5673 (Planned Unit Development to R-I) BF-~NG ALL THAT PORTION OF TH~ EAST HALF OF SECTION 21, TOWNSH~ 30 SOUTH, RANGE 27 EAST, M.D.M., CITY OF BAKF_,R~'~n, COUN'I~ OF KERN, STATB OF CAI.I~ORNIA~ DF.,SCRIB~D AS FOLLOWS: COMMBNCINO AT THE C-3~FFF~I.INE INTERSECTION OF HARRIS ROAD AND SPRING C~-'~K LOOP AS SHOWN ON TRACT NO. $756 - UNIT "A" AS F-.~-~ IN MAP BOOK 40 AT PAGES 99 THROUOH 101 0NCLUSiVE) IN THE OFFICE OF ~ KERN COUNTY RECORDER; THENCE NORTH 30' 40' 00" EAST, ALONO TH~ CENTE~!.INE OF SPRING C{?~K LOOP, 65.00 l.t~.;l'; TI-]]~NC~ SOUTH 59" 20' 00" EAST, AT RIGHT ANOT.~-q TO SAID CENTIZIO./NE, 38.00 FEET TO A POINT ON TH~ EAs=rhl~Ly RIOHT-OF-WAY LINE OF $PRINO CI~ LOOP AS SHOWN ON SAID TRACT; TI-I]~NCE SOUTH 14' 20' 00" EAST, 28.28 t"U.hT TO A POINT ON THE NORTHI~,LY RIOHT-OF-WAY LINE OF HARRIS ROAD; THENC~ ALONO THE NORTYlF/O.Y RIOHT-OF-WAY LiNE OF HARRIS ROAD, THE FOI/.OWINO FIVE (5) 1) SOUTH 59' 20' 00" EAST, 87.02 .t"hhT TO THE BBGINNINO OF A CURVE, CONCAVE NORTHP. A~'I'hKLY, HAVINO A RADIUS OF L355.00; TH]~CE 2) SO~-i'{f. KLY, AI./)NO SAID CURVE, THROUGH A CENTRAL ANOLB OF 11" 24' 10", AN ARC LENOI'fl OF 269.67 FEET TO TH~ TRUE POINT OF BEOINNING,;, TI-I]~CB 3) CONTIIN'U]~{O Sou'rHEA~i'J~tLY, ALONO SAID CURVE, TH~OUOH A CENTRAL ANGLE OF 18' 18' 05", AN ARC LENGTH OF 432.82 I, ~.~,--r; THENCE 4) SOUTH 89° 02' 16" EAST, 645.80 l,'hh'r; THENCE 5) NORTH 45~ 53' 03" EAST, 42.73 FEET TO A POINT ON ~ WE~-I'P_/v, LY RIOHT-OF- WAY LINE OF TH~ ARVIN-EDISON CANAL; TI-I]~CE NORTH 23' 47' 32" WEST, ALONO SAID WE~i'hY/.Y RIGHT-OF-WAY LINE, 861.99 FEET; TI-II~CE DEPARTINO FROM SAID VVF_~-i'hI(LY LINE, NORTH 89" 02' 16" WEST, 391.18 FEBT; TI-I]~NCE SOUTH 02' 51' ,$9' WEST, 54.84 i"P-.hT; TI-]]~NCE SOUTH 04~ 52' 40" WEST, 53.29 i,'P~T; THENCE SOUTH 06" 51' 4?" 'WEST, 53.29 FE~'T; 'I'I-]~CE SOUTH 08° 50' 54' WEST, 53.29 FEET; TH]~NCE SOUTH 49' 35" WEST, 53.32 i.'hi=T; TH'~NCE SOUTH 12' 49' 40" WEST, 53.25 {~'h!~T; THEnCE SOUTH 14° 48' 16" WEST, 53.29 FEET; THENCE SOUTH 16" 47' 23" Vv~ST, 53.29 FEET; SOUTH 18° 46' 30" WEST, 53.29 FEET; THENCE SOUTH 20" 45' 37" W~.ST, 53.29 THENCE NORTH 68° 14' 50" WEST, 125.00 FEET TO THB BEGINNING OF A NON-TANGENT CURVE, CONCAVE WB~-i'P.~LY, HAV]NO A RADIUS OF ]413.00 iq/i='i', FROM WHICH POINT A RADIAL LINE BEARS NORTH 68° 14' 50" WEST; THENCE $O~-rP_/~LY, ALONO SAID CURVE, THROUGH A CENTI~AL ANOLB OF 08° 58' 48", AN ARC LENOTH OF 221.46 i,'.lc.h'r; TH]~CE SOUTH 30" 43' 59" WEST, 76.62 FEET TO ~ TRUE POINT OF BEOINNINO. CONTAINING 13.07 ACRF_S. AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) SSo 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 8th day of March, 1996 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3710, passed by the Bakersfield City Council at a meeting held on the 6th day of March, 1996, and entitled: AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 123-21 BY CHANGING THE ZONING OF 13.07 ACRES GENERALLY LOCATED ON THE NORTH SIDE OF HARRIS ROAD BETWEEN SPRING CREEK LOOP AND ASHE RO~D. By: /s/ CAROL WILLIAMS City Clerk of the City of Bakersfield