HomeMy WebLinkAboutORD NO 4078ORDINANCE NO. 4 0 ~ 8
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND
AMENDING SECTION 17.06.020 (ZONE MAP NO.123-18) OF
TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE
BY CHANGING THE ZONING FROM LIMITED MULTIPLE FAMILY
DWELLING (R-2) TO ONE FAMILY DWELLING (R-l) ON 3.24
ACRES GENERALLY LOCATED ON THE EAST SIDE OF BUENA
VISTA ROAD, BETWEEN WHITE LANE AND CAMPUS PARK
DRIVE (ZC ~O2-0529)
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 North of Pacheco Road, east of Mountain Vista Drive; and
WHEREAS, by Resolution No. 87-02 on August 1, 2002, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve One Family Dwelling (R-1) zone as delineated on attached Zoning
Map No. 123-18 marked Exhibit "C", 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-2 (Limited
Multiple Family Dwelling) zone to R-1 (One Family Dwelling) zone, 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 July 8, 2002,
in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows single family
residential development; and
WHEREAS, in accordance with the procedure set forth in the provisions of Title
17 of the Municipal Code of the City of Bakersfield, the City Council held a public heating on
August 1, 2002 to consider said petition to change the land use zoning; 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 Califomia Environmental Quality Act (CEQA) have
been followed.
.'~
3. The public necessity, general welfare and good zoning practicffS'ustify the~
3RK~iNAL
requested change of zone from the existing zoning district to a R-1 (One
Family Dwelling) zone.
The conditions of approval, attached hereto as Exhibit "A" are needed to
provide for orderly development, and the public health, welfare and
safety; and
SECTION 1.
as follows:
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield
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.
123-18 marked Exhibit "C" attached hereto and made a part hereof, and are more specifically
described in attached Exhibit "D ".
4. Such zone change is hereby made subject to the conditions of approval
listed in attached Exhibit "A" and shown on the site plan attached as Exhibit "B."
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 ........
,'}AK~INAL
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the
Council of the City of Bakersfield at a regular meeting thereof held on
SEP 4: 2DOZ , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNClLMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGG~O
COUNClLMEMBER~
COUNClLMEMBER
COUNCILMEMBER
CITY CLERK ~nd I~(-(~ffiCi~:;le'rk of the
Council of the City of Bakersfield
SEP ,~ 2002
APPROVED
APPROVED AS TO FORM:
BART J. THILTGEN
City Atto r~e,~
LP/ S'./Zone Change/02-0529/CC/CC ord. doc
August 6, 2002
EXHIBIT "A"
Zone Change 02-0529
CONDITIONS OF APPROVALJMITIGATION MEASURES
PLANNING
This project is within an area of documented "known" den sites for the San Joaquin kit fox, This
requires that the applicant provide notice to wildlife agencies at least five days prior to aradin(~
and excavation of den sites and submittal of a clearance survey. Forms and instructions are
available at the Planning Department.
Metropolitan Bakersfield Habitat Conservation Plan Implementation/Management Agreement
Section4.7.4. (BMC 15.78.070)
S.'tZ~eCtan~tO2-O~2etEX ~. v,~/
August6,2002
N
m
BUENA
VISTA ROAD
MOUNTAIN VISTA DRIVE
/
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L-bi Ol
6:~c30-:~0 30NVHO 3NOZ
m
· EXHIBIT D
ZONE CHANGE
LEGAL DESCRIPTION
That portion of the West half of Section 18, Township 30 South, Range 27 East,
M.D.M., located in the City of Bakersfield, County of Kern, State of California,
described as follows:
Beginning at the point of intersection of the West line of said Section 18 with the
South line of the North 1865.00 feet of said Section 18;
(1) Thence South 89`,52'49" East along said South line a distance of 500.00
feet;
(2) Thence South 00°20'00'' West along a line parallel with the West line of
said Section 18, a distance of 48.83 feet to the beginning of a tangent
curve, concave northwesterly and having a radius of 500.00 feet;
Then~.,e southwesterly along said curve, through a central angle of
(3) 29"21 '02' an arc distance of 256.13 feet to the South line of the North
21 56.67 feet of said Section 18;
(4) Thence North 89"52'49' West along said South line a distance of 435.82
feet to the West line of said Section 18;
(5) Thence North 00"20'00" East along said West line a distance of 295.67
fee to the Point of Beginning.
Containing 3.24 acres
Michael J. Callagy
US. 5556
Exp. 9-30-05
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 5th day of September , 2002 she posted on the Bulletin Board at
City Hall, a full, true and correct copy of the following: Ordinance No. 4078 , passed by
the Bakersfield City Council at a meeting held on the 4th day of September 2002
and entitled:
AN ORDINANCE ADOPTING A NEGATIVE
DECLARATION AND AMENDING SECTION 17.06.020
(ZONE MAP NO 123-18) OF TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE BY CHANGING THE
ZONING FROM R-2 (LIMITED MULTIPLE FAMILY
DWELLING) TO ONE FAMILY DWELLING (R-l) ON 3.24
ACRES GENERALLY LOCATED ON THE EAST SIDE OF
BUENA VISTA ROAD, BETWEEN WHITE LANE AND
CAMPUS PARK DRIVE.
/s/PAMELA A. McCARTHY
City Clerk of the City of Bakersfield