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Home My WebLink AboutORD NO 3898ORDINANCE NO. 8 8 9 8 AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 102-07 BY CHANGING THE ZONING OF 10 ACRES LOCATED AT THE SOUTHWEST CORNER OF SNOW ROAD AND CALLOWAY DRIVE FROM R-1 TO R-1 CH ZONES. 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 in the City of Bakersfield located at the south of Snow Road, between the Friant-Kern Canal and Calloway Drive from R-1 to R-1 CH and C-1 zones; and WHEREAS, by Resolution No. 55-99 on March 18, 1999 the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve R-1 CH at the southwest corner of Calloway Drive and Snow Road as delineated on attached Zoning Map No.102-07 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 R-1 to R-1 CH 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, the Planning Commission and this Council; and WHEREAS, a Negative Declaration with mitigation was advertised and posted on February 11, 1999, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows Low Density Residential Development; and findings: WHEREAS, the City Council has considered and hereby makes the following 1. 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 with mitigation measures was advertised and posted on February 11, 1999, and sent to property owners 300 feet surrounding the project site on February 19, 1999, in accordance with CEQA. The public necessity, general welfare and good zoning practice justify the requested change of zone from R-1 to R-1 CH on ten acres at the southwest corner of Snow Road and Calloway Drive. The public necessity, general welfare and good zoning practice do not justify the requested change of zone from R-1 to C-1 (Neighborhood Commercial) on 1.25 acres along Norris Road near the center of the single family subdivision, generally located south of Snow Road, between Calloway Drive and the Friant-Kern Canal. The proposed zone change to R-1 CH is consistent with the Metropolitan Bakersfield 2010 General Plan. = The proposed zone change to C-1 is not consistent with the Metropolitan Bakersfield 2010 General Plan. This project is consistent with the intent and purpose of General Plan Amendment P99-0054 as approved by the City Council. SECTION 1. as follows: NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield 1. All of the foregoing recitals are hereby found to be true and correct. 2. The Negative Declaration is hereby approved and adopted for Zone Change No. P99-0054. 3. 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 said City from R-1 to R-1 CH at the southwest corner of Snow Road and Carloway Drive, the boundaries of which property is shown on Zoning Map. No. 102-07 marked Exhibit "B" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "C ", subject to approval of General Plan Amendment P99-0054. 4. Such zone change is hereby made subject to the conditions of approval listed in attached Exhibit "A", and approval of General Plan Amendment P99-0054. 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. ......... o0o ......... 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 M~,Y 1 ~ 1999 , by the following vote: 2 AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON DEMOND, MAGGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO COUNCILMEMBER ,/~ne- COUNCILMEMBER rTaE. COUNCILMEMBER hE. CITY CLERK and Ex Officio ~rk of the Council of the City of Bakersfield APPROVED MAY 1_ 2 1999p, BOB PRIC~ MAYOR of the City of Bakersfield APPROVED as to form: OFFICE OF THE CITY ATTORNEY Assistant City Attorney S:gpa-ma~0054\ozc-cc,mar, 5 MO:pas March 29,1999 EXHIBIT A General Plan Amendment/Zone Change P99-0054 Conditions of Approval Should archaeological remains be unearthed during construction on the project site, all work in the area of discovery shall be stopped until the find can be evaluated by a qualified archaeologist. A qualified archaeologist shall be hired to evaluate and make recommendations to mitigate the discovery. A letter indicating that the recommendations have been complete shall be transmitted to the California Historical Resources Information System at California State University, Bakersfield and the City of Bakersfield, Development Services Department prior to resumption of development. (Mitigation) (Planning Department). Prior to filing a final tract/parcel map, the developer/owner shall record a covenant for each lot in the subdivision prohibiting export of groundwater from the subdivision except by the water purveyor that is serving the subdivision. The individual property owner is not restricted from using the groundwater under their land for use on their overlying subdivided land. (Water Resources Department). Prior to final recordation of any tract/parcel map within the project area, the developer/owner shall pay all fees for water service facilities. (Water Resources Department). Prior to issuance of a building permit, the developer shall either pay the Phase II (or subsequently revised) Regional Impact Fee or the Polo Grounds fees, whichever is appropriate and approved by the City Engineer. (Mitigation) (Public Works Department). MO:pjt S:\GPA-MAR\0054\Conditions .wpd RS 2.5A R-1 F EXHIBIT B ZONE CHANGE P99-0054 STAFF RECOMMENDATION / / 12 ~ 7~ c'~ -T29S, R26E T29S, R27E Li.J I AC. i MIN) SNOW ROAD [ 6 5 --., ,,',~,~' 8 :,,/ z'_ · R-1 TO R-1 -CH A R-1 R-1 REtNA ROAD R-1 12II 7 13 18 C1 A-20A R-1 A I NORRIS ROAD L~ A ~ > I E. ,,,,,.i~,.~,,,..m ~ R- 1 / OS 8 R_2f ) I ~,/ I R-1 ~ I / \ OS N EXHIBIT C General Plan Amendment P98-0991, Zone Change P98-0991 Legal Descriptions CHURCH SITE ALL THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 29 SOUTH, RANGE 27 EAST. M.D.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 7; THENCE SOUTH 00° 3 I' 07" WEST ALONG THE EAST LINE OF SAID SECTION, 665.37 FEET; THENCE DEPARTING FROM SAID EAST LINE. NORTH 89° 28' 53" WEST. 55.83 FEET TO THE TRUE POINT OF BEGINNING; THENCE ( 1 ) THENCE (2) THENCE (3) THENCE (4) THENCE (5) THENCE (6) THENCE (7) THENCE (8) THENCE (9) NORTH 89° 28' 53" WEST. 728.96 FEET; NORTH 00° 31' 07" EAST, 605.26 FEET; SOUTH 89° 51' 18" EAST. 65.16 FEET; SOUTH 88° 59' 13" EAST, 330.04 FEET; SOUTH 85° 05' 29" EAST, 120.42 FEET; SOUTH 89° 51' 18" EAST. 189.41 FEET; SOUTH 44° 40' 05" EAST. 28.38 FEET; SOUTH 00° 3 I' 07" WEST, 299.48 FEET; SOUTH 00° 20' 58" EAST, 275.40 FEET, TO THE TRUE POINT OF BEGINNING. CONTAINS 10.00 ACRES MORE OR LESS 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 thatonthe 14th day of May , 1999 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3898 Bakersfield City Council at a meeting held on the 12th day of entitled: , passed by the May 1999 , and ORDINANCE CHANGING THE ZONING FROM ONE FAMILY DWELLING TO ONE FAMILY DWELLING-CHURCH ON 10 ACRES AT THE SOUTHWEST CORNER OF SNOW ROAD AND CALLOWAY DRIVE, ZC NO. P99-0054. /s/PAMELA A. MCCARTHY City Clerk of the City of Bakersfield S:\DOCUMEN'I%AOPOSTING May 14, 1999