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HomeMy WebLinkAboutORD NO 3396ORDINANCE NO. 8 3 9 6 AN ORDINANCE AMENDING SECTION 17.06.020 OF CHAPTER 17.06 (ZONING MAP) OF THE BAKERSFIELD MUNICIPAL CODE AND CITY ZONING MAP NO. 102-19 BY PREZONING PROPERTY LOCATED AT THE NORTHWEST CORNER OF CALLOWAY DRIVE AND MEACHAM ROAD KNOWN AS MEACHAM NO. 1 ANNEXATION (WARD 4). 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 request by the City of Bakersfield to zone certain property now being annexed to said City, known as MEACHAM NO. i ANNEXATION, and made several general and specific findings of fact which warranted a negative declaration of environmental impact; and WHEREAS, Meacham No. 1 Annexation prezoning area comprises 20.46 +/- acres of land contiguous to the boundary of the City of Bakersfield, as shown on the attached map marked Exhibit "A"; and WHEREAS, by Resolution No. 56-91 on June 20, 1991, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Upon Annexation No. 5168 to R-1 (One Family Dwelling) zone, with conditions of approval and mitigation as listed below: Conditions 1. No more than 71 single family residential lots shall be allowed on final subdivision maps for the 20.46 acre site. 2. Prior to further subdivision or development, the developer shall enter into an agreement with the City and post approved security to guarantee his proportionate share of future signals in the project area impacted from the potential increase in trip generation between the proposed land use and the existing land use. The signals and the developer's proportionate share are as follows: Calloway Drive at Meacham Road TOTAL $4,700.00 (3.9% of $120,000) $4,700.00 Said agreement shall require that payment be made to the city upon demand at the time funds are required for signal construction. Alternatively, the applicant may submit a traffic study to the City Engineer for approval establishing traffic impacts resulting from the change in zoning and recommending appropriate mitigation measures. The cost of the mitigation measures shall be borne by the applicant. 3. With the first subdivision/development within the project area, the subdivider shall construct the full half width (including construction of, or payment for, one-half of a landscaped median island) of the west side of Calloway Drive between the north boundary of the project and Meacham Road and Meacham Road between the west boundary of the project and Calloway Drive. 4. Sewer service exists in Quicksilver Avenue. However, due to existing grade elevations, servicing of the entire project area from this location may prove to be difficult. Alternatively, a sewer line may be extended westerly from an existing line in Riverlakes Ranch Drive to serve the project area. A sewer pumping station to serve this area is undesirable, and appropriate justification would be required to allow one. Mitigation 1. In order to mitigate the impacts of any natural to urban land conversion on the kit fox (a Federally-listed Endangered Species), the applicant must follow the Advisory Notice detailing the Interim Mitigation Measures established for the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP). These measures are necessary to prevent unauthorized take of foxes and to offset any loses to kit fox habitat resulting from on-going construction activities. 2. An archaeological survey of the property must be performed prior to approval of Tentative Tract Maps. Any mitigation recommended in the Archaeological Survey should be incorporated into conditions on the final subdivision map approval. Wq{EREAS, this Council has fully considered the findings made by the Planning Commission as set forth in that Resolution; and W~EREAS, a Negative Declaration with mitigation was advertised and posted on May 3, 1991, in accordance with CEQA; and - 2 - WHEREAS, the City Council has considered and hereby makes the following findings: 1. All required public notices have been given. 2. The provisions of CEQA have been followed. 3. Proposed Zoning Upon Annexation designations will not have a significant adverse effect on the environment. 4. Public necessity, convenience, general welfare and good planning practice justify the proposed Zoning Upon Annexation to R-1 (One Family Dwelling) zone. 5. Proposed Zoning Upon Annexation designations are consistent with the Metropolitan Bakersfield 2010 General Plan regarding location and design of residential designations. 6. The proposed prezoning is consistent with existing land use in the area. 7. The proposed Zoning Upon Annexation would be compatible with future and existing development on the surrounding properties. 8. Public participation and notification requirements pursuant to Sections 65090 and 65353 of the Government Code of the State of California were duly followed. 9. No substantial detrimental environmental impact could result from this zoning action, as mitigated; and WHEREAS, the City Council has determined after due consideration of the motion and recommendation of the Planning Commission, herein on file, together with the reasons advanced at the Planning Commission hearing, that said zoning should be authorized upon annexation of said property to the City. 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 with mitigation for this zoning action is hereby approved and adopted. 3. That Title Seventeen of the Bakersfield Municipal Code of the City of Bakersfield and City Zoning Map No. 102-19 is hereby amended by prezoning said property and extending the boundaries of said map to include that certain property in the County of Kern located at the northwest corner of Calloway Drive and Meacham Road contiguous to the boundary of the City of Bakersfield known as the MEACHAM NO. 1 ANNEXATION, upon the annexation of said property to the City of Bakersfield, the zoning designations and boundaries of which property are shown on the map, hereto attached and made a part of this ordinance, and are more specifically described as follows: FROM COUNTY E(10)RS (ESTATE-10 ACRE RESIDENTIAL SUBURBAN) ZONE TO CITY R-1 (ONE FAMILY DWELLING) ZONE: All those portions of Lots 15 and 16, Section 19, Township 29 South, Ranch 27 East, M.D.B.&M., County of Kern, State of California, according to the "Sales Map of Lands of J.B. Haggin" filed August 20, 1890, in the office of the County Recorder, being more particular described as follows: Beginning at a point on the west line of said Lot 15 from which point the northwest corner of said Lot 15 bears north 00°34'41" east, 666.56 feet; Thence south 89°39'27" east, 1,337.98 feet to the east line of said Lot 16; Thence south 00°28'15" west along said east line, 664.64 feet to the southeast corner of said Lot 16; Thence along the south line of said Lots 1,339.22 feet to the southwest corner of said Lot 15; Thence along the west line of said Lot 15, north 00°34'41" east, 664.70 feet to the point of beginning. Containing 20.46 +/- acres. SECTION 2. This ordinance shall be posted in accordance with the Bakersfield Municipal Code provisions and shall become effective upon the annexation of the above-described territory to the City of Bakersfield, but not less than thirty (30) days from and after the date of its passage. .......... o0o .......... - 4 - 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 AU8 2 8 19§% , by the following vote: AYES. COUNCILMEMBERS' EDWA,RI~,S, DeMOND, SMITH, BRUNNI, PETERSON, McDERMOTF, SALVAGGIO NOES; COUNCILMEMBERS /,V~ A/,~ ABSENT COUNCILMEMBERS: ~/~/v'~ AB6TAIN: COUNCILMEMBERS' CTT¥ (~LERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED AUG 2 8 ~99t CLARENCE E. MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: CITY ATTORNEY of the City of Bakersfield pjt Attachment - Exhibit "A" a:cco.ml 114 R4 m -I 0 ! CITY OF BAKERSFIELD ZONING MAP 102-19 SEC. 19 T ~95 R 27[ i EGEND AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) County of Kern) SS. 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 30th day of August , 19 91 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3396 passed by the Bakersfield City Council at a meeting held on the 28th day of August 19 91, and entitled: NSAOPD /s/ CAROL WILLIAMS CITY CLERK oi' the City of Bakersfield By: ~_? ~.z~ -~.~ic~ DEPUTY City Clerk