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
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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.
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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 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"
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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