Loading...
HomeMy WebLinkAboutORD NO 3264ORDINANCE NO. 3264 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING TITLE 17 OF THE BAKERS- FIELD MUNICIPAL CODE BY CHANGING THE LAND USE ZONING OF THOSE CERTAIN PROPERTIES IN THE CITY OF BAKERSFIELD LOCATED GENERALLY EAST AND WEST OF RANCHO LABORDE DRIVE AND NORTH OF ROSEDALE HIGHWAY FROM A C-1 (LIMITED COMMERCIAL-CHURCH) ZONE TO AN R-1 (ONE-FAMILY DWELLING) ZONE ON 4.9 ACRES, FROM A C-1 (LIMITED COMMERCIAL) ZONE TO AN R-1 (ONE- FAMILY DWELLING) ZONE ON 6.0 ACRES, FROM AN R-2 (LIMITED MULTIPLE-FAMILY DWELLING) ZONE TO AN R-1 (ONE-FAMILY DWELLING) ZONE ON 14.6 ACRES, AND FROM AN R-1 (ONE-FAMILY DWELLING) ZONE TO AN R-2 (LIMITED MULTIPLE-FAMILY DWELLING) ZONE ON 23.9 ACRES. 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 has held a public hearing on a petition to change the land use zoning of those certain proper- ties on the City of Bakersfield located generally east and west of Riverlakes Ranch Drive (formerly Rancho Laborde Drive) and north of Rosedale Highway; and WHEREAS, by Resolution No. 37-89 on September 21, 1989, the Planning Commission recommended a~proval and adoption of an ordinance amending Title 17 of the Municipal Code to approve an R-1 (One-Family Dwelling) Zone on 4.9 acres, an R-1 (One-Family Dwelling) Zone on 6.0 acres, an R-1 (One-Family Dwelling) Zone on 14.6 acres and an R-2 (Limited Multiple-Family Dwelling) Zone on 23.9 acres, as delineated on map marked Exhibit "A" attached hereto and incorporated herein as though fully set forth, by this Council and this Council has fully considered the findings 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 a change of zoning of the subject properties, and the Council has considered said findings and all appear to be true and correct; and WHEREAS, the law and regulations relating to the prepa- ration and adoption of Negative Declarations as set forth in CEQA and City of Bakersfield Resolution 107-86 have been duly followed by the City staff and the Planning Commission; and WHEREAS, for the above described project, an Initial Study was conducted and it was determined that the proposed project would not have a significant effect on the environment and a Negative Declaration was prepared; and WHEREAS, on October 16, 1985, the City Council of the City of Bakersfield approved a Negative Declaration for the entir~ Rancho Laborde Specific Plan area (SCH#85081901). This document is incorporated by reference into the Initial Study and is deemed sufficient to cover the proposed project. Based on an initial study, staff determined the amendments to the Rancho Laborde Specific Plan would not have a significant adverse effect on the environment because additions, revisions, and conditions of approval in the project description and/or mitigation made by or agreed to by the applicant would avoid or lessen the effects to a point where no significant impacts would occur. A Negative Declaration was advertised and posted August 17, 1989; and WHEREAS, there appears to be no substantial detrimental environmental impacts which could result from the proposed project; and WHEREAS, the City Council has determined after due con- sidecation of said petition and the recommendations of the Planning Commission herein on file, together with the reasons advanced at the hearing for a change in zoning of said properties,, that a zoning change should be authorized; and WHEREAS, the City Council has the proposed zoning is consistent with City of Bakersfield. determined and found that the General Plan of the NOW, THEREFORE, BE IT ORDAINED by the Council of the Citv of Bakersfield as follows: 1. All of the foregoing recitals are hereby found to be true and correct. 2. An environmental assessment was made of the project, and a Negative Declaration was adopted by the Planning Commission after a public hearing thereon, and this Council hereby approves and adopts the Negative Declaration. 3. Section 17.06.020 (Zoning Map) if the Municipal Code of the City of Bakersfield be and the same is hereby amended by changing the land use zoning of certain properties in said City, the boundaries of which properties are shown on the map hereto attached and made a part hereof, as follows: - 2 - TO AN R-1 (ONE FAMILY DWELLING) ZONE: A portion of Section 17 and Section 20, Township 29 South, Range 27 East, M.D.B.&M., County of Kern, State of California, more particularly described as follows: Commencing at the northwest corner of said Section 20, also being the intersection of the centerline of Calloway Drive and Hageman Road; THENCE (1) South 88o41'24" East along the north line of Section 20, 1321.03 feet to the True Point of Beginning; THENCE (2) Continuing South 88041'24" East, 109.20 feet on and along the centerline of Hageman Road to the beginning of a curve concave to the north having a radius of 3200.00 feet; THENCE (3) Easterly, on and along said curve, through a central angle of 15°52'16" an arc distance of 886.41 feet; from which the radial point of said curve bears North 14033'40" West; THENCE (4) South 13052'24" East, 501.36 feet on and along the easterly right-of-way of the Calloway Canal as shown on Parcel Map 6521 recorded September 15, 1986, in Book 30 of Parcel Maps at Page 6 in the office of the County Recorder of said County; THENCE (5) Continuing along said canal right-of-way South 39o07'24" East, 330.89 feet; THENCE (6) South 31048'46" East, 275.10 feet; THENCE (7) South 38018'38" East, 700.14 feet; THENCE (8) South 39o07'38" East, 700.04 feet; THENCE (9) South 38053'38" East, 966.06 feet; THENCE (10) South 38o57'04" East, 167.21 feet; THENCE (11) Leaving said canal right-of-way, North 88°54'1~" West, 805.15 feet to the beginning of a non-tangent curve concave to the Northwest having a radius of 925.00 feet, from which the radial point of said curve bears North 83°19'10" West; - 3 - THENCE (12) Southwesterly, on and along said curve, through a central angle of 71043"50", an arc dis- tance of 1158.04 feet; THENCE (13) South 86045'38', West, 225.00 feet to a point on the centerline of Riverlakes Ranch Drive, said point also being a curve concave to the west having a radius of 3086.00 feet, from which the radial point of said curve bears South 86045'38" West; THENCE (14) Northerly, on and along said curve and centerline of said road, through a central angle of 25022'29", an arc distance of 1366.70 feet; THENCE (15) Continuing along said centerline of road, North 28°36'51" West, 750.30 feet to the beginning of a curve concave to the Northeast having a radius of 3880.00 feet; THENCE (16) Northwesterly, on and along said curve through a central angle of 6025'37", an arc dis- tance of 435.22 feet; THENCE (17) North 22°11'14" West, 705.54 feet to the beginning of a curve concave to the Northeast having a radius of 1400.00 feet; THENCE (18) Northerly, on and along said curve through a central angle of 23029'50", an arc distance of 574.15 feet; THENCE (19) North 01018'36" East, 78.83 feet to the True Point of Beginning. Containing 109.89 gross acres. EXCEPTING THEREFROM: The right-of-way within the Calloway Canal and The right-of-way within Riverlakes Ranch Drive. TO AN R-2 (LIMITED MULTIPLE FAMILY DWELLING) ZONE: That portion of Section 20, Township 29 South, Range 27 East, M.D.B.&M., being more particularly described as follows: - 4 Commencing at the South quarter corner of said Section 20; THENCE (1) North 00°27'02" East along the center- line of Riverlakes Ranch Drive, 1211.11 feet to the True Point of Beginning; THENCE (2) Continuing North 00027'02" East along the centerline of said road 293.94 feet to the beginning of a curve concave to the West having a radius of 3086.00 feet; THENCE (3) Northerly on and along said curve through a central angle of 03041'24" an arc dis- tance of 198.75 feet to a point of departure from said curve; THENCE (4) North 86045'38" East, 225.00 feet to the beginning of a non-tangent curve concave to the Northwest having a radius of 925.00 feet, a radial bearing to the center of said curve bears North 11°35'21" West; THENCE (5) Northeasterly on and along said curve through a central angle of 71043'50" an arc dis- tance of 1158.04 feet to a point of departure from said curve; THENCE (6) South 88°54'11" East, 805.15 feet to a point on the Easterly right-of-way line of Calloway Canal as shown on Parcel Map 6521 recorded September 15, 1986, in Book 30 of Parcel Maps at Page 6 in the Office of the Kern County Recorder; THENCE (7) South 38057'32" East along said Easterly right-of-way line of Calloway Canal, 258.25 feet; THENCE (8) Departing said right-of-way, North 89049'52" West, 135.50 feet; THENCE (9) North 77008'53" West, 51.77 feet; THENCE (10) South 28o17'36" West, 1166.25 feet; THENCE (ll) South 82025'47,, West, 300.87 feet; - 5 - THENCE (12) South 00047'47" West, 111.14 feet; THENCE (13) North 84056'52" West, 887.27 feet to the True Point of Beginning. Containing 31.50 Gross Acres. EXCEPTING THEREFROM: The right-of-way within Riverlakes Ranch Drive and the Calloway Canal. Such zone change is hereby made subject to the following conditions: Future development of the site shall be subject to site plan review policies, ordinance and development standards. Direct vehicular access to residential corner lots within the entire Rancho Laborde Specific Plan area shall be limited to lot frontages with 15 or greater feet of side yard setback from property line to fence or building. Direct vehicle access is prohibited on sides of corner residential lots with setbacks of less than 15 feet. The setback restrictions for sight visibility as stated in Section 17.08.175 of the Bakersfield Municipal Code shall remain in effect for all residential corner side setbacks (i.e., 10 feet). Upon approval of the Street Name Change from Rancho Laborde Drive to Riverlakes Ranch Drive, and prior to recordation of any additional maps or plans with the Riverlakes Ranch Drive designation, the applicant must effect a street name change on all recorded maps and approved plans. SECTION 2. This ordinance shall be posted in accordance with the City Charter provisions and shall become effective thirty (30) days from and after the date of its passage. ............ o0o ........... - 6 - 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 November 29, 1989 , by the following vote: - ASSISTANT CI ~f/ficio Clerk of' the Council of the City of Bakersfield APPROVED November 29, 1989 CLARENCE E. MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: LCM/me.~__~// ( _ Attachment Exhibit "A" - Map O ORD 4 ZC.LABORD1 11/9/89 - 7 - R-I ZONE CHANGE 4915 17 R-I R*I R-I R-I '~'~ ~, R-2 40o !, 20 ........................ ? T295, R27E EXHIBIT A ~,'~ ~ '~," '~'~. '~ DEWALT PORTER AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) ss. County of Kern) CAROL WILLIAMS, 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 5th day of December , 19~9 she posted on the Bulletin Board at City Hall, a. full, true and correct copy of the following: ORDINANCE No. 3264 , passed by the Bakersfield City Council at a meeting held on the 29th day of November , 1989 , and entitled: ORDINANCE 3264 N.S. An Ordinance of the Council of the City of Bakersfield Amending Title 17 of the Bakers- field Municipal code by changing the Land Use Zoning of those certain properties in the City of Bakersfield located generally East and West of Rancho Laborde Drive and North of Rosedale Highway from a C~I (Limited Commercial-Church) Zone to an R-1 (One-Family Dwelling) Zone on 4.9 acres, from a C-1 (Limited Commercial) Zone to an R-1 (One- Family Dwelling)Zone on 6.0 acres, from an R-2 (Limited Multi-Family Dwelling)Zone to an R-1 (One-Family Dwelling) Zone on 14.6 acres, and from an R-1 (One-Family Dwelling) Zone to an R-2 (Limited MUltiple-Family Dweling)Zone on 23.9 acres. NSAOPD /s/ CAROL WILLIAMS CITY CLERK of the City of Bakersfield By: ~ ~ ~ ~ ASSISTANT CITY CLERK