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Home My WebLink AboutORD NO 4081ORDINANCE NO. 4 0 8 ~. AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 123-36 BY CHANGING THE ZONING FROM A (AGRICULTURE) TO R-I (ONE FAMILY DEWLLING) ZONE ON 38 ACRES LOCATED AT THE NORTHEAST CORNER OF MCKEE ROAD AND WIBLE ROAD. (ZC 02- 0541) (Ward 7). 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 being annexed to the City of Bakersfield located at the northeast corner of McKee Road and Wible Road; and WHEREAS, by Resolution No. 89-02 on August 1, 2002, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve an R-1 (One Family Dwelling) zone as delineated on attached map 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 A (Agriculture) to and 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 for the proposal was advertised and posted on June 17, 2002, in accordance with CEQA; and WHEREAS, the project site is in the process of being annexed to the City of Bakersfield; and WHEREAS, the annexation is known as Oswell No. 8 - Wible No. 12 Annexation; and WHEREAS, the general plan designation for the site allows residential development; and WHEREAS, the City Council has considered and hereby makes the following findings: The above recitals and findings are true and correct and constitute the findings of the Planning Commission in this matter. 2. All required notices have been given. The provisions of the California Environmental Quality Act (CEQA) have been followed. Based on the initial study and comments received, staff has determined that theA~E proposed project could not have a s~gmficant effect on the environment. A Nega[~e 8. 9. 10. 11. 12. 13. follows: Declaration was prepared and sent to responsible agencies and property owners within 300 feet of the project site. A Negative Declaration was prepared for this project in accordance with CEQA. That infrastructure exists or can easily be provided to accommodate the types and intensities of the proposed development. The public necessity, general welfare and good zoning practice justify the recommended change of zone to R-1 (One Family Dwelling) zone on 38 acres located at the northeast corner of McKee Road and VVible Road. The project site is designated LR (Low Density Residential) on the Metropolitan Bakersfield 2010 General Plan Land Use Plan. The recommended zone change is compatible with the surrounding uses. The recommended zone change is consistent with the Metropolitan Bakersfield 2010 General Plan. That the applicant by prior agreement agreed to comply with all adopted mitigation measures contained within the Negative Declaration for this project. That Zone Change No. 02-0541 is hereby approved as recommended by staffwith mitigation measures adopted in the Negative Declaration. That Section 17.06.020 (Zoning Map) of the Municipal Code of the City of Bakersfield be amended by changing the land use zoning R-1 (One Family Dwelling) zone on 38 acres on Map No. 123-36, of that certain property being annexed to the City of Bakersfield as described in Exhibit "C" herein attached. That Zone Change No. 02-0541, as outlined above, is hereby recommended for approval with mitigation and conditions of approval shown on Exhibit "A", subject to prior approval of General Plan Amendment No. P02-0316. SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as All of the foregoing recitals are hereby found to be true and correct. The Negative Declaration is hereby approved and adopted. 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 being annexed to the City, the boundaries of which property is shown on the map marked Exhibit "B" attached hereto and made a part hereof, and are more specifically described in attached Exhibit 2 ,~RK~INA[ 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. I HEREBY CERTIFY that the foregoing Ordinance was pass~e~d, and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on SzP 18 Z00Z' , by the following vote: AYES: NOES: ABSTAIN: ASSENT: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNCILMEMBER COUNClLMEMBER SEP 18 Z002 APPROVED CITY CLERK and Ex Officio Cle~ of the Council of the City of Bakersfield v APPROVED as to form: BART THILTG/EI~I City A~r.. r~ .// ~_?~ Mg S:~ZoneChange\02-0541-Turman\Resotutions,Ord\Ordinance.doc 3 EXHIBIT "A" Conditions of Approval Zone Change No. 02-0541 EXHIBIT A Conditions Zone Change No. 02-0541 Cultural Resources: A Cultural Resources Records Search was prepared for the project site. No prehistoric or historic sites were located as a result of the pedestrian survey. Therefore, the following shall be done on the project site. No further archaeological work is necessary for the project area unless cultural resources are unearthed during development. Should cultural resources be discovered during development, work must halt in the area of the finds until they can be assessed by a qualified archaeologist. (Mitigation Measure). Should human remains be discovered at any time, work shall halt and the Kern County Coroner shall be notified immediately (Section 7050.5 of the Health and Safety Code). (Mitigation Measure). Water Resources: If the water service requirements exceed the capability of the California Water Service Company's existing facilities or if the extension of facilities is necessary, water service would be provided in accordance to Rule 15 of the State Public Utilities Commission Rules and Regulations. (Mitigation Measure). Transportation: The project shall be subject to the requirements of the Regional Traffic Impact Fee at the time of the issuance of the building permits. (Mitigation Measure). MO:djl S:~ZoneChange\02-0541-Turman\lnitial Study\Con Mit Ex A.doc EXHIBIT "B" Location Map ,,i H I-LLI30S OVO~ S~3NV EXHIBIT "C" Legal Description Zone Change No. 02-0541 LEGAL DESCRIPTION FOR ZONE CHANGE LOTS 9AND 10 IN SECTION 36, TOWNSHIP 30 SOUTH, RANGE 27 EAST, M.D.M., IN THE UNINCORPORATED AREA, COUNTY OF KERN, STATE OF CALIFORNIA, ACCORDING TO THAT CERTAIN MAP ENTITLED "KERN COUNTY SALES MAP NO. 1 OF THE LANDS OF J. B. HAGGIN" FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON MAY 3, 1889. DELMARTER AND DEIFEL 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 19th day of September , 2002 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4081 , passed by day of September 2002 the Bakersfield City Council at a meeting held on the 18th and entitled: AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSIFELD MUNICIPAL CODE AND ZONING MAP NO. 123-36 BY CHANGING THE ZONING FROM A (AGRICULTURE) TO R-1 (ONE FAMILY DWELLING) ZONE ON 38 ACRES LOCATED AT THE NORTHEAST CORNER OF MCKEE ROAD AND WlBLE ROAD. ZC02- 0541 /s/PAMELA A. McCARTHY City Clerk of the City of Bakersfield DEPUTY City Clerk