HomeMy WebLinkAboutORD NO 4100ORDINANCE NO.
4100
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO.
103-18 BY CHANGING THE ZONING FROM AN R (RESIDENTIAL
SUBURBAN) TO HMR (HIGH MEDIUM DENSITY RESIDENTIAL)
ZONE ON APPROXIMATELY 3 ACRES LOCATED ALONG THE
NORTH SIDE OF W. COLUMBUS STREET, GENERALLY WEST
OF UNION AVENUE, JUST WEST OF THE KERN ISLAND CANAL.
(GPA 02-0659) (Ward 3).
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 along the north side of W. Columbus Street, generally west of Union Avenue,
just west of the Kern Island Canal; and
WHEREAS, by Resolution No. 115-02 on September 19, 2002, the Planning Commission
recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to
approve an R-2 (Limited Multiple 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 C-1 (Neighborhood Commercial) and C-2 (Regional
Commercial) to R-2 (Limited Multiple 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 August
12, 2002, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows multiple 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 the
proposed project could not have a significant effect on the environment. A Negative
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-2 (Limited Multiple Family Dwelling) zone on
approximately 3 acres located along the north side of W. Columbus Street just west
of the Kern Island Canal.
The project site, with prior approval of General Plan Amendment No. 02-0659, is
designated HMR (High Medium Density Residential) on the Metropolitan Bakersfield
2010 General Plan Land Use Plan.
The recommended zone change will reflect the previously adopted General Plan
Amendment No. 02-0659.
9. The recommended zone change is compatible with the surrounding uses.
10.
The recommended zone change is consistent with the Metropolitan Bakersfield 2010
General Plan, subject to prior approval of General Plan Amendment No. 02-0659.
11.
That the applicant by prior agreement agreed to comply with all adopted mitigation
measures contained within the Negative Declaration for this project.
12.
That Zone Change No. 02-0659 is hereby approved as recommended by staff with
mitigation measures adopted in the Negative Declaration.
13.
That Section 17.06.020 (Zoning Map) of the Municipal Code of the City of
Bakersfield be amended by changing the land use zoning to R-2 (Limited Multiple
Family Dwelling) zone on approximately 3 acres on Map No. 103-18, of that certain
area in the City of Bakersfield as described in Exhibit "C" herein attached.
14.
That Zone Change No. 02-0659, 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. 02-0659.
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 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 in 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 "C".
Such zone change is hereby made subject to the conditions of approval listed in
attached Exhibit "A", and subject to prior approval of General Plan Amendment No.
2
02-0659.
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 ........
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 NOV ~ 0 Z002 , by the
following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNC[LMEMBER
COUNCILMEMBER ~d~-1~-~
APPROVED
NOV ~ 0 Z002
CITY CLERK and Ex Officio Cle.,t~ oCthe
Council of the City of Bakersfield
APPROVED as to form:
BART THILTGEN
City Attorney .?/
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3
EXIHIBIT A
Conditions of Approval
EXHIBIT A
Conditions of Approval / Mitigation Measures
General Plan Amendment/Zone Change No. 02-0659
Cultural Resources:
1. A Cultural Resources Records Search was prepared for the project site. The project site
does not contain any recorded cultural resources, or within a '¼ mile radius. There are no
known cultural resources within the project area or a 1/~ mile radius that are listed in the
National Register of Historic Places, the California Register, California Inventory of
Historic Resources, California Points of Historic Interest, or the California State Historic
Landmarks. Therefore, the following shall be done on the project site.
a. If cultural resources are unearthed during ground disturbance activities, all work shall
halt in the area of the find. A qualified professional archeologist shall be called to
evaluate the significance of the find and make an appropriate course of action. The
developer/contractor shall complete the appropriate course of action recommended by
the professional archeologist prior to beginning the development. (Mitigation
Measure).
b. Should human remains be discovered at any time on any portion of the project site,
work shall halt and the Kern County Coroner shall be notified immediately (Section
7050.5 of the Health and Safety Code). In the absence of an archaeological monitor,
a qualified archaeologist and the local Native American community, shall be notified.
(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).
Public Works:
3. Prior to submittal of a tentative subdivision map, lot line adjustment, development plan, or
other proposal, submit the following for the City Engineer's review and approval;
3.1 A proposed drainage study for the entire zone change area, including
retention/detention needs and locations; (Mitigation Measure).
3.2 A proposed sewer study for the entire zone change area. The study shall also
determine the capability of existing facilities to handle the flows from the site.
(Mitigation Measure).
Exhibit A
Conditions/Mitigation
GPA/ZC 02-0659
Page 2
With the development or subdivision;
4.1 Proposed entrance shall be aligned with San Dimas Street. (Mitigation Measure).
4.2 The development shall be required to pay into the adopted Regional Traffic Impact
Fee program. (Mitigation Measure).
4.3
The intersection meets warrants for a traffic signal and based on current volumes
the project's share shall be $3,720 and paid with the development or division of the
property. (Mitigation Measure).
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EXlHIBIT B
Location Map
C~
CD
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EXlHIBIT C
Legal Description
ltXl llBl'l "A'
ZONING DESCRIPTION
Being Parcel :2 of that certain Lot Line Adjustment as per Certificate of Compliance
recorded July 2, 1982 in Book 5470, at Page :2203 of O.R. and being Parcel '2 of that
certain Lot Line Adjustment as per Certificate of Compliance recorded December 2, 1993
in Book 5611, at Page 931, OR and being a portion of the area shown as "Not A Part"
on the Amended Parcel Map No. 3512. in the City of Bakersfield, county of Kem, State of
California, as per Map recorded December 22, 1978 in Book 22, Page 19 of Parcel Maps,
in the office of the county recorder of said county more particularly described as follows:
Commencing at the Centerline intersection of Columbus Street and "O" Street; thence
S 89c'58' 16" E along the centerline of Columbus Street a distance nf979 04 feet to the
beginning ora 99944 foot radius tangent curve concave Southwesterly; thence
Southeasterly along said curve through a central angle of 13°23'28" a distance of 233 59
feet; thence N 130?-5' 12" E radial to said curve a distance of 45 00 feet to the Southwest
comer of Parcel 3 of said Amended Parcel Map, said corner being the true point of
beginning; thence N 00°01'44TM E along the West line and Northerly extension of said
West line of Parcel 3, a distance of 30440 feel thence S g9°SS'0g'' E a distance of
:298 90 feet to a point of intersection with the East line of said Amendment Parcel Map;
thence S :20057'28'' E along said East line a distance of 569.39 feet to a point of
intersection with the North line of said Columbus street, said point being the beginning of
a 955.00 foot radius non-tangent curve concave to the Northeast from which point the
center of said curve bears N ?-0040'26" E; thence West along the North line of said
Columbus Street and along said curve through a central angel of 10°39, 14" a distance of
177.58 feet; thence continuing along said North line of Columbus Street N 58°40'20'' W
a distance of 49.99 feet to the beginning of a 104444 foot radius tangent curve concave
to the Southwest; thence West along said curve through a central angle of 17°54'28" a
distance of 3:26.44 feet to the true point of beginning
Containing 3.47 acres more or less.
License ~x~ires 6-30-04 / ~
218 South H Street. Su,le 203 Bakersheld. Cahlorma 93304 · (661) 834 1492 · FAX (661) 834 152~
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 21st day of November , 2002 she posted on the Bulletin Board at
City Hall, a full, true and correct copy of the following: Ordinance No. 4100 , passed by
day of November 2002
the Bakersfield City Council at a meeting held on the 20th
and entitled:
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND ZONING
MAP NO. 103-18 BY CHANGING THE ZONING FROM AN
R (RESIDENTIAL SUBURBAN) TO HMR (HIGH MEDIUM
DENSITY RESIDENTIAL) ZONE ON APPROXIMATELY 3
ACRES LOCATED ALONG THE NORTH SIDE OF W
COLUMBUS STREET, GENERALLY WEST OF UNION
AVENUEM JUST WEST OF THE KERN ISLAND CANAL
Is/PAMELA A. McCARTHY
City Clerk of the City of Bakersfield