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Home My WebLink AboutORD NO 3889ORDINANCE NO. 3 8 8 9 AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 102-17 BY CHANGING THE ZONING OF 3,500 SQUARE FEET GENERALLY LOCATED BETWEEN 8413 AND 8417 SHIP ROCK DRIVE FROM AN OS (OPEN SPACE) ZONE TO AN R-I (ONE FAMILY DWELLING) 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 between 8413 and 8417 Ship Rock Drive; and WHEREAS, by Resolution No. 26-99 on February 4, 1999 the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change P98-0946 as delineated on attached Zoning Map No. 102-17 marked Exhibit "A", 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 findings of fact which proposed a Notice of Exemption and changes in zoning of the subject property from an OS (Open Space) zone to an R-1 (One Family Dwelling) zone and the Council has considered said findings and all appear to be true and correct; and WHEREAS, attached Exhibit "C" shows the existing conditions of the project site; and WHEREAS, the original intent of the subject site was to provide for a water well site during the initial development of the adjacent artificial lake and the water well is no longer in use; and WHEREAS, the intent of the subject property is not to provide an open space corridor for residents; and WHEREAS, the two property owners adjacent the site intend to file a lot line adjustment application with the City of Bakersfield to adjust the lot line to result in incorporating half of said subject property into each of the adjacent single family lots; and WHEREAS, the Open Space zoning of which the subject property is a part of was not adopted by a legally defined boundary but by map in the Metropolitan Bakersfield 2010 General Plan and RiverLakes Ranch Specific Plan; and WHEREAS, staff determined that the proposed zone change is in substantial conformance with the Metropolitan Bakersfield 2010 General Plan and RiverLakes Ranch Specific Plan; and WHEREAS, the law and regulations relating to the preparation of a Notice of Exemption, 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 Notice of Exemption was advertised and posted on January 15, 1999, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows single family residential 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. A Notice of Exemption in accordance with Section 15061 (b)(3), General Rule was prepared and advertised. 4. The zone change is consistent with the Metropolitan Bakersfield 2010 General Plan and RiverLakes Ranch Specific Plan. 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 project is exempt from CEQA in accordance with Section 15061 (b)(3), General Rule because the project will not have a significant effect on the environment. 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 "A" attached hereto and made a part hereof, and are more specifically described in attached 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. ......... o0o ......... 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 C SON, DEMOND, MAGGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER APPROVED MAR 3 1 1999 d::'~ ~ , ?~/'" MAYOR of the City of Bakersfield APPROVED as to form: OFFICE OF THE CITY ATTORNEY BY: CARL HERNANDEZ Assistant City Attorney z0946\ord-cc JE/pjt March 1, 1999 ] z:l,~llo I = :?R~, I~ CALLOWAy NO. 30alld K)/~41~O R-I R-I C-I m CITY OF BAKERSFIELD ZONING MAP SEC, 17 T. 29s. LEGEND 102 -17 R. 27£ EXHIBIT "B" LEGAL DESCRIPTION BEING A PORTION OF ADJUSTED LOT "A" OF TRACT NO. 5476 - PHASE 1, PER LOT LINE ADJUSTMENT NO. 344, RECORDED MARCH 30, 1993 IN BOOK 6823, PAGE 2409 OF OFFICIAL RECORDS, IN THE OFFICE OF THE KERN COUNTY RECORDER; ALSO BEING A PORTION OF THE NORTHEAST QUARTER OF SECTION 17, TOWNSHIP 29 SOUTH, RANGE 27 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST NORTHERLY CORNER OF LOT 21 OF TRACT NO. 5478 - PHASE 1, FILED IN BOOK 40 OF MAPS, PAGES 85-87, IN THE OFFICE OF THE KERN COUNTY RECORDER, SAID CORNER BEING ON THE SOUTHWESTERLY RIGHT-OF-WAY OF SHIP ROCK DRIVE AS SHOWN ON SAID TRACT NO.. 5478 - PHASE 1, SAID CORNER ALSO BEING THE TRUE POINT OF BEGINNING; THENCE 1 ) SOUTH 43000'00" WEST, ALONG THE NORTHWESTERLY LINE OF SAID LOT 21, A DISTANCE OF 100.00 FEET, TO THE MOST WESTERLY CORNER OF SAID LOT 21; THENCE 2) DEPARTING THE NORTHWESTERLY LINE OF SAID LOT 21, NORTH 47o00'00" WEST, A DISTANCE OF 35.00 FEET, TO THE MOST SOUTHERLY CORNER OF LOT 20 OF SAID TRACT NO. 5478 - PHASE 1; THENCE 3) NORTH 43000'00" EAST, ALONG THE SOUTHEASTERLY LINE OF SAID LOT 20, A DISTANCE OF 100.00 FEET, TO THE MOST EASTERLY CORNER OF SAID LOT 20, SAID EASTERLY CORNER BEING ON THE SOUTHWESTERLY RIGHT-OF-WAY OF SAID SHIP ROCK DRIVE; THENCE 4) DEPARTING THE SOUTHEASTERLY LINE OF SAID LOT 20, SOUTH 47°00'00" EAST, ALONG THE SOUTHWESTERLY RIGHT-OF-WAY OF SAID SHIP ROCK DRIVE, A DISTANCE OF 35.00 FEET, TO THE TRUE POINT OF BEGINNING; CONTAINING: 3,500 SQUARE FEET, MORE OR LESS. I No. 15331 j Ex~. 3/31101 8417 SHIP ROCK LOT 20. TR. 5478-1 M.B. 4-0, PG. 85 ., .~. IT C Vn~,BOX '11~AN$. \ 'fOv~'!,?~,<~ 8413 SHIP ROCK DR. · ~.~ ~ u, xE- LOT 21. ~. 5478-1 ~ O~ ~ ~ ~~~ M.B. ~, PG. 85 %%% , , 23 N~ 'SCA~: 1" = 40' THE ~KE 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 1st day of April , 1999 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3889 , 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. 102-17 BY CHANGING THE ZONING OF 3,500 SQUARE FEET GENERALLY LOCATED BETWEEN 8413 AND 8417 SHIP ROCK DRIVE FROM AN OS (OPEN SPACE) ZONE TO AN R-1 (ONE FAMILY DWELLING) ZONE. /s/PAMELA A. MCCARTHY City Clerk of the City of Bakersfield S:\DOCUMENT~AOPOSTING April 1, 1999