HomeMy WebLinkAboutORD NO 3888ORDINANCE NO. 8 8 8 8
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO.
102-18 BY CHANGING THE ZONING OF 13.91 ACRES
GENERALLY LOCATED ON THE WEST SIDE OF CALLOWAY
DRIVE AND SOUTH OF NORIEGA ROAD FROM AN R-I (ONE
FAMILY DWELLING) ZONE TO AN R-1 CH (ONE FAMILY
DWELLING-CHURCH) ZONE.
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 west side of Calloway Drive and on the south side of
Noriega Road; and
WHEREAS, by Resolution No.30-99 on January 21, 1999 the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve Zone Change P98-0891 as delineated on attached Zoning Map No.
102-18 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 subject property is a portion of approved Vesting Tentative Tract
map 5932, approved on January 21, 1999 by the Planning Commission; and
WHEREAS, the subject property consists of 2 proposed lots consisting of 7.92
acres and 5.99 acres, totaling 13.91 acres; 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 R-1 Ch (One Family Dwelling Church) 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 December 28,
1998, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows church
development; and
findings:
WHEREAS, the City Council has considered and hereby makes the following
1. All required public notices have been given.
2. The provisions of CEQA have been followed.
3. Based on an initial study, the proposed Negative Declaration is adequate.
General Plan.
The zone change is consistent with the Metropolitan Bakersfield 2010
5. Based on the absence of evidence in the record as required by Section
21082.2 of the State of California Public Resources Code (CEQA) for the purpose of
documenting significant effects, it is the conclusion of the Lead Agency that this project will
result in impacts that fall below the threshold of significance with regard to wildlife resources
and, therefore, must be granted a "de minimis" exemption in accordance with Section 711 of the
State of California Fish and Game Code. Additionally, the assumption of adverse effect is
rebutted by the above-referenced absence of evidence in the record and the Lead Agency's
decision to prepare a Negative Declaration for this project.
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.102-18
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
attached as Exhibit "A".
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 passed and adopted by
the Council of the City of Bakersfield at a regular meeting thereof held on
MAR 3 1 1999 , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER oAP_,
COUNCILMEMBER
MAR 3 ]. 1999
APPROVED
BOB PRICE
MAYOR of the City of Bakersfield
APPROVED as to form:
OFFICE OF THE CITY ATTORNEY
CARL HERNANDEZ
Assistant City Attorney
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March 1, 1999
EXHIBIT "A"
ZONE CHANGE P98-0891
CONDITIONS OF APPROVAL
if during construction activities or ground disturbance, cultural resources am uncovered,
the developer 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)
Prior to issuance of a building permit, developer shall submit written evidence to the
Planning Department indicating that the Standard Oil Company pipelines have been
propedy abandoned.
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EXHIBIT C
ZONE CHANGE (P98-0891)
LEGAL ~DESCRIPTION
ALL THOSE PORTIONS OF LOT 12 OF THE JEWETT AND RAINE SUBDIVISION MAP
NO. 1 IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFOR-
NIA, FILED FOR RECORD JANUARY 8, 1914 IN BOOK 3 OF MAPS AT PAGE 3 IN
THE OFFICE OF THE KERN COUNTY RECORDER, ALSO BEING A PORTION OF
THE SOUTHEAST QUARTER OF SECTION 18, T. 29 S., R. 27 E., M.D.B. & M., MORE
PARTICULARY DESCRIBED AS FOLLOWS:
PARCEL 1:
COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 18, ALSO
BEING THE CENTERLINE INTERSECTION OF CALLOWAY DRIVE AND NORIEGA
ROAD, ALSO BEING THE NORTHEAST LOT CORNER OF SAID LOT 12, ALSO BEING
THE TRUE POINT OF BEGINNING;
THENCE
SOUTH 00°35'11" WEST ALONG THE EAST LINE OF THE SOUTHEAST
QUARTER OF SAID SECTION 18 (CEN'I~RLINE OF CALLOWAY DRIVE),
516.70 FEET.,
THENCE
DEPARTING SAID LINE NORTH 89°43 '06" WEST, 665.86 FEET TO A
POINT ON THE WEST LINE OF LOT 12;
THENCE
NORTH 00042'38'' EAST ALONG SAID WEST LINE OF LOT 12, 521.06
FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST
QUARTER OF SECTION 18 (CENTERLINE OF NORIEGA ROAD);
THENCE
SOUTH 89054'26'' EAST ALONG SAID NORTH LINE OF THE SOUTH-
EAST QUARTER OF SECTION 18 (CENTERLINE OF NORIEGA ROAD),
664.68 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINS: 7.92 GROSS ACRES
PARCEL 2:
COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 18, ALSO
BEING THE CENTERLINE INTERSECTION OF CALLOWAY DRIVE AND NORIEGA
ROAD, ALSO BEING THE NORTHEAST LOT CORNER OF SAID LOT 12; THENCE
SOUTH 00°35' 11" WEST ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF
SAID SECTION 18 (CENTERLINE OF CALLOWAY DRIVE), 780.36 FEET TO THE TRUE
POINT OF BEGINNING;
EXHIBIT "C"
ZC P98-0891
Page 2
THENCE
THENCE
THENCE
THENCE
CONTAINS:
CONTINUING SOUTH 00°35'11" WEST ALONG SAID EAST LINE OF THE
SOLrrHEAST QUARTER OF SECTION 18 (CENTERLINE OF CALLOWAY
DRIVE), 539.74 FEET TO THE SOUTH LINE OF LOT 12;
NORTH 89°54'32'' WEST ALONG SAID SOUTH LINE OF LOT 12, 665.90
FEET TO THE WEST LINE OF SAID LOT 12;
NORTH 00°38'23" EAST ALONG SAID WEST LINE OF LOT 12, 244.36
FEET;
NORTH 66014'40'' EAST, 730.60 FEET TO THE TRUE POINT OF
BEGINNING.
5.99 ACRES GROSS
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EXCERPT FROM DRAFT MINUTES OF THE PLANNING COMMISSION January 21, 1999
6.1 Tentative Parcel Map 10581 (Porter-Robertson)
Staff report given recommending approval with conditions as amended by the Public Works
Department.
Randy Bergquist with Porter-Robertson Engineering stated the purpose of the parcel map primarily
is to split the commercial property away from the rest of the property within that section, and also
to create a ten acre parcel of which there would be a proposed mini-warehouse. Mr. Bergquist
stated they worked out most of their problems with staff, with the exception of item number 2 on the
memorandum from the Public Works Department regarding improvements required with the
phasing and that he is requesting item #2 be deleted.
Commissioner Dhanens requested staff to explain what the applicant is asking for or what the
significance of that language is to this application.
Mr. Shaw responded that that section should have been struck because it no longer applies.
Commissioner Dhanens asked if Mr. Bergquist knew what phases were being proposed.
Mr. Bergquist responded that the first phase would be parcel 1 which would be the initial
development of the mini-warehouses, and second phase would be parcels 2 and 3 and the third
phase, 4 and 5.
Ms. Shaw commented that the reason that we have this condition for balancing phases is basically
for consideration for orderly development and the concern that the most expensive improvements
will be left to the last and smallest phase and therefor will not get done.
Commissioner Dhanens questioned what the requirements were for the land division across the
street.
Ms. Shaw responded that the development across the street is the Mesa Madn Raceway and they
have been required to improve the frontage in a phased manner as well, including curbs and
gutters.
Commissioner Boyle questioned that if phase 1 was equal to 10 acres, and phase 2 was equal to
4 acres, and phase 3 was equal to 6-7 acres, then half of the project is phase 1, to which Ms. Shaw
responded that she did not know for sure.
Commissioner Boyle acknowledged that if the applicant has to pay his proportionate share, which
in this case is about half, the project won't go forward.
EXCERPT FROM DRAFT MINUTES OF THE PLANNING COMMISSION January 21. 1999
6.1 Tentative Parcel Map 10581 (Porter-Robertson)
Staff report given recommending approval with conditions as amended by the Public Works
Department.
Randy Bergquist with Porter-Robertson Engineering stated the purpose of the parcel map primarily
is to split the commercial property away from the rest of the property within that section, and also
to create a ten acre parcel of which there would be a proposed mini-warehouse. Mr. Bergquist
stated they worked out most of their problems with staff, with the exception of item number 2 on the
memorandum from the Public Works Department regarding improvements required with the
phasing and that he is requesting item #2 be deleted.
Commissioner Dhanens requested staff to explain what the applicant is asking for or what the
significance of that language is to this application.
Mr. Shaw responded that that section should have been struck because it no longer applies.
Commissioner Dhanens asked if Mr, Bergquist knew what phases were being proposed,
Mr. Bergquist responded that the first phase would be parcel 1 which would be the initial
development of the mini-warehouses, and second phase would be parcels 2 and 3 and the third
phase, 4 and 5.
Ms. Shaw commented that the roason that we have this condition for balancing phases is basically
for consideration for orderly development and the concern that the most expensive improvements
will be left to the last and smallest phase and therefor will not get done.
Commissioner Dhanens questioned what the requirements were for the land division across the
street.
Ms. Shaw responded that the development across the street is the Mesa Madn Raceway and they
have been required to improve the frontage in a phased manner as well, including curbs and
gutters.
Commissioner Boyle questioned that if phase 1 was equal to 10 acres, and phase 2 was equal to
4 acres, and phase 3 was equal to 6-7 acres, then half of the project is phase 1, to which Ms. Shaw
responded that she did not know for sure.
Commissioner Boyle acknowledged that if the applicant has to pay his proportionate share, which
in this case is about half, the project won't go forward.
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
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 1 st day of April , 1999 she posted on the Bulletin Board at City Hall,
a full, true and correct copy of the following: Ordinance No. 3888 , passed by the
Bakersfield City Council at a meeting held on the 31st day of March 1999 , and
entitled:
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD
MUNICIPAL CODE AND ZONING MAP NO. 102-18 BY CHANGING THE
ZONING OF 13.91 ACRES GENERALLY LOCATED ON THE WEST SIDE
OF CALLOWAY DRIVE AND SOUTH OF NORIEGA ROAD FROM AN R-1
(ONE FAMILY DWELLING) ZONE TO AN R-1 CH (ONE FAMILY
DWELLING CHURCH) ZONE.
Is/PAMELA A. MCCARTHY
City Clerk of the City of Bakersfield
DEPUTY City Clerk~~('~
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April 1, 1999