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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 z891\ord-cc J E\pjt 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. S:~ZoneChange~891 ~ex a. wpd March 1, 1999 ~o), fl~ R'I R-I R-I Moo lOP - Op R'I RI C-I R-I R-I CITY OF BAKERSFIELD ZONING MAP SEC. 18 T. 295 LEGEND 102 -18 R 27£, Z M., ..0., .~.,....,.,.:~ ~,g: .... ,.. ~ ~ P AUT~I~L[ Pi~ ION[ 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 HEIMZC.LGL 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~~('~ S:\DOCUMENT~AOPOSTING April 1, 1999