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Home My WebLink AboutORD NO 4074 40 4 ORDINANCE NO. AN ORDINANCE ADOPTING a NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO.102-17) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM AN R-1 (ONE FAMILY DWELLING) ZONE TO AN R-2 (LIMITED MULTIPLE FAMILY DWELLING) ZONE ON 0.12 ACRES , AND AN R-2 (LIMITED MULTIPLE FAMILY DWELLING) ZONE TO AN R-1 (ONE FAMILY DWELLING) ZONE ON 1.2 ACRES GENERALLY LOCATED APPROXIMATELY 1,000 FEET NORTH OF HAGEMAN ROAD, AND APPROXIMATELY 800 FEET EAST OF CALLOWAY DRIVE (FILE Ct 02-0308) 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 approximately 1,000 feet north of Hageman Road, and approximately 600 feet east of Calloway Drive; and WHEREAS, by Resolution No. 55-02 on June 6, 2002 the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve an adjustment in the zone boundaries as delineated on attached Zoning Map No.102-17 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 an R-1 (One Family Dwelling) zone to an Ro2 (Limited Multiple Family Dwelling) zone on 0.12 acres and an R-2 (Limited Multiple Family Dwelling) zone to and R-1 (One Family Dwelling) zone on 1.2 acres 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 May 13, 2002, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows residential development; and WHEREAS, the existing zone boundaries were determined by previous property owners; and WHEREAS, the purpose of the proposed zone change is to adjust the zone boundary line to conform to the lot lines of proposed Vesting Tentative Tract Map 6107, submitted by the current property owner; and WHEREAS, on June 6, 2002, the Planning Commission approved Vesting Tentative Tract Map 6107; and WHEREAS, based on the subdivider's proposed lot lay out and street design, good planning practices would dictate the zone boundaries match proposed lot lines of Vesting Tentative Tract Map 6107; and findings: WHEREAS, the City Council has considered and hereby makes the following 1. All required public notices have been given The provisions of the California Environmental Quality Act (CEQA) have been followed. The public necessity, general welfare and good zoning practice justify the requested change of zone from the existing zoning district to R-1 and R-2 zones. The overall design of the project, as conditioned, is consistent with the goals and policies of all general plan elements and the RiverLakes Ranch Specific Plan. The conditions of approval, attached hereto as Exhibit "A" are needed to provide for orderly development, and the public health, welfare and safety; 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. 102-17 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." 2 ORIGINA~ 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 JUL 3 1/.~1. , by the following vote: AYES; NOES: ABSTAIN: ABSENT: COUNClLMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER ~ COUNCILMEMBER COUNClLMEMBER ~ CITY CLERK and Ex Officio ~lerk of the Council of the City of Bakersfield APPROVED. MARK SALVAGGIO VICE-MAYOR of the City of Bakersfield APPROVED AS TO FORM: BART J. THI~:~EN Exhibits: A. Conditions of Approval B. Zoning Map 102-17 C. Legal Description S:~Z. oneChangetz3081CCtOZC-CC. WPD July 17, 2002 ' :~IGINAL EXHIBIT "A" ZONE CHANGE # 02-0308 CONDITIONS OF APPROVAL Front yard setback shall be measured as stated below: 1.1 Lots with rear lot line adjacent the golf course: Minimum 20 foot front yard setback measured from back of sidewalk where there is sidewalk or from back of curb where there is no sidewalk. 1.2 1.3 Lots not sharing rear property line with golf course: 1.2.1. No more than 50% of the residences along any street shall be permitted a minimum 20 foot front yard setback measured from back of sidewalk where there is sidewalk or from back of curb where there is no sidewalk. 1.2.2. All other residences shall have a minimum 25 foot front yard setback measured from back of curb. 1.2.3 All driveways shall be a minimum length of 20 feet. Prior to recordation of a final map or issuance of the first building permit, whichever occurs first, the developer shall submit a plan which identifies sidewalk locations and the setback for each lot for Planning Director review and approval. Copies of the approved map showing setbacks shall be submitted to the Planning Department (1 copy) and Building Department (2 copies) prior to recordation of a final map, or issuance of the first building permit, whichever occurs first. Needed to provide for the public health, welfare and safety and consistency with the RiverLakes Ranch Specific Plan setback criteria. If during construction activities or ground disturbance, cultural resources are uncovered, the subdivider shall stop work and retain a qualified archeologist for further study. Subdivider shall notify the proper authorities and be subject to any mitigation measures required of the archeologist. Mitigation measure as recommended by Archeological Assessment (Parr, June 1990). Jeng t S:~oneChangetz308tCCtexA.wpd July 9, 2002 ~3RiGINA~. EXHIBIT B ZONE CHANGE 02-0308 ZONING MAP~-'~OZ - 17 ~ ~')Ri~INAL EXHIBIT C R-1 TO R-2 ALL THAT PORTION OF PARCEL 1 OF PARCEL MAP No. 10558 FILED IN BOOK 50 OF PARCEL MAPS AT PAGES 56 THROUGH 59 IN THE KERN COUNTY RECORDER'S OFFICE, BEING A PORTION OF SECTION 17, TOWNSHIP 29 SOUTH, RANGE 27 EAST, M.D.M IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL B BEGINNING AT THE ABOVE MENTIONED POINT "A" ON PARCEL "A" DESCRIPTION; THENCE1) THENCE2) THENCE3) S 53037'28'' W, 117.34 FEET TO THE EAST LINE OF SAID PARCEL 1 OF PARCEL MAP 10558; N 36°22'32" W, 90.65 FEET; S 88°41'15'' E, 148.28 FEET TO THE POINT OF BEGINNING. CONTAINS 5,319 SQ.FT. MORE OR LESS EXHIBIT C R-2TOR-1 ?age 2 of 2 ALL THAT PORTION OF PARCEL 1 OF PARCEL MAP No. 10558 FILED IN BOOK 50 OF PARCEL MAPS AT PAGES 56 THROUGH 59 IN THE KERN COUNTY RECORDER'S OFFICE, BEING A PORTION OF SECTION 17, TOWNSHIP 29 SOUTH, RANGE 27 EAST, M.DM. IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: .PARCEL A COMMENCING AT A POINT ON THE EAST BOUNDARY OF SAID PARCEL 1, SAID POINT BEING THE NORTHERLY TERMINUS OF THAT LINE DIMENSIONED AS N 01°18'45'' E, 459.95 FEET, ON SAID PARCEL MAP 10558; THENCE ALONG SAID EASTERLY BOUNDARY N 59048'55" W, 211.44 FEET TO THE TRUE POINT OF BEGINNING; THENCE 1) N 76°42'13'' W, 197.66 FEET TO THE BEGINNING OF A 900.00 FOOT RADIUS NON TANGENT CURVE CONCAVE NORTHWESTERLY FROM WHICH THE RADIUS POINT OF SAID CURVE BEARS N 76042'23'' W; THENCE 2) NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01°31'18" AN ARC DISTANCE OF 23.90 FEET; THENCE3) THENCE4) N 78°13'41'' W, 93.14 FEET; N 88°41'15'' W 357.97 FEET TO A POINT HEREAFTER REFERRED TO AS POINT "A"; THENCE 5) N 53037'28'' E, 124.55 FEET; THENCE 6) N 84036'59" E, 46.49 FEET; THENCE 7) S 89000'57'' E, 325.00 FEET; THENCE8) THENCE9) THENCE10) S 00 59 03 W, 39.25 FEET; S 89°00'57" E, 138.77 FEET TO THE EAST LINE OF SAID PARCEL 1; S 11°50'42" E, 129.77 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 52,276 SQFT. MORE OR LESS L.S. 5880 ~' Exp. ~-~'0~'- AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) SS. 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 1st day of Au.qust , 2002 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4074 , passed by the Bakersfield City Council at a meeting held on the 31st day of July 2002 and entitled: AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO 102-17) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM AN R-1 (ONE FAMILY DWELLING) ZONE TO AN R-2 (LIMITED MULTIPLE FAMILY DWELLING) ZONE ON 0.12 ACRES, AND AN R-2 (LIMITED MULTIPLE FAMILY DWELLING) ZONE TO AN R-1 (ONE FAMILY DWELLING) ZONE ON 1.2 ACRES GENERALLY LOCATED APPROXIMATLEY 1,000 FEET NORTH OF HAGEMAN ROAD AND APPROXIMATLEY 800 FEET EAST OF CALLOWAY DRIVE. /s/PAMELA A. McCARTHY City Clerk of the City of Bakersfield DEPU"r~Y City Clerk