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:
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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;
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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:
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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;
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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 ...........
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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
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EXHIBIT A
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'~ 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