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Home My WebLink AboutORD NO 3427ORDINANCE NO. 3 4 2 7 AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 102-29 BY CHANGING THE LAND USE ZONING OF THOSE CERTAIN PROPERTIES IN THE CITY OF BAKERSFIELD CONSISTING OF 190.53 ACRES GENERALLY LOCATED WEST OF COFFEE ROAD, EAST OF CALLOWAY DRIVE, SOUTH OF A.T.&S.F. RAILROAD AND NORTH OF BRIMHALL ROAD FROM M-1 (LIGHT MANUFACTURING) AND M-2 (GENERAL MANUFACTURING) ZONES TO R-1 (ONE FAMILY DWELLING), C-2 (COMMERCIAL), M-1 (LIGHT MANUFACTURING) AND OS (OPEN SPACE) 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 generally located west of Coffee Road, east of Calloway Drive, south of A.T.&S.F. Railroad and north of Brimhall Road; and WHEREAS, by Resolution No. 79-91 on November 21, 1991, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve a zone change of the subject property from M-1 (Light Manufacturing) and M-2 (General Manufacturing) zones to R-1 (One Family Dwelling), C-2 (Commercial), M-1 (Light Manufacturing) and OS (Open Space) zones as delineated on attached map marked Exhibit "A", 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 changes in zoning of the subject property from M-1 (Light Manufacturing) and M-2 (General Manufacturing) zones to R-1 (One Family Dwelling), C-2 (Commercial), M-1 (Light Manufacturing) and OS (Open Space) zones 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 Resolution No. 107-86 have been duly followed by city staff, the Planning Commission and this Council; and ORIGINAL WHEREAS, a Negative Declaration was advertised and posted on October 30, 1991, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows residential, commercial, light industrial and open space development; and 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. That public necessity, convenience, general welfare and good zoning practice justify the change in zone, as conditioned in Exhibit "C", attached hereto and incorporated as though fully set forth herein. 4. That the proposed Zone Change No. 5233 is consistent with the Metropolitan Bakersfield 2010 General Plan. 5. The proposed zoning will not have a significant adverse effect on the environment. 6. Conditions of approval attached to the project as Exhibit "C" are included in the project to minimize and/or mitigate impacts, and to ensure that the density allowed by the general plan is not exceeded. WHEREAS, the City Council has determined after due consideration of said petition and the recommendations of the Planning Commission herein on file, together with the reasons advanced at the hearing for changes in zoning of said properties, that the zone changes should be authorized. 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 is hereby approved and adopted. -2- 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, the boundaries of which property is shown on the map marked Exhibit "A" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "B". 4. Such zone change is hereby made subject to the conditions of approval listed in Exhibit "C". 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. -3- ORIGINA,L 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 __ JAN ~. 5 1992 , by the following vote: AYES: COUNCILMEMBERS. EBWARA~/~"t~, SMITH, BRUNNI,'FE~,~ SALVAGGIO NC2S: COUNCILMEMBERS ASSENT COUNCILMEMBERS: /~E/~-~;b~ t~"tT~q$°~ ~~ ABSTAIN: COUNCILMEMBERS ~ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED JAN ! 5 1992 CLARENCE E. MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: CITY ATFORNEY of the City of Bakersfield pit Attachment - 1:cco.5233 December 4, 1991 Exhibit "A" Exhibit "B" Exhibit "C" -4- ORIG{NAL hI CITY OF B~KERSFIELD ZONING MAP 102-29 SEC 29 T zgs R27E LEGEND EXHIBIT "B" Zone Change #5233 MCINTOSH/FOX CREEK C4~qERAL PLAN ZG~qE CHANGE AREAS TO CITY R-t (ONE-FAMILY DWELLING) ZONE A portion of the South half of Section 29, Township 29 South, Range 27 East, M.D. M., City of Bakersfield, County of Kern, State of California, more particularly described as follows: Beginning at a point on the South line of said Section 29, distant 1322.81 feet East of the Southwest corner of said section, said point also being a point on the southerly prolongation of the West line of Lot 27 of "Sales Map of Land of J. B. Haggin"; T~ENCE North, along said prolongation line and the West lines of Lots 27 and 22 of said "Sales Map", a distance of 1968.53 feet to a point on the West line of said Lot 22; 'I~mz4CE East, along a line being the South line of the North 675.87 feet of said Lot 22, a distance of 661.06 feet to a point on the East line of said Lot 22; /'HENCE North, along said East line, a distance of 160 feet, (also being a point on the West line of LOt 21 of said "Sales Map"); 'I~%~CE East, along a line being the South line of the North 515.87 feet of said Lot 21, a distance of 661.57 feet to a point on the East line of said LOt 21i //~ENCE North, along said East line, 85.87 feet (more or less), to a point on the South line of the North 430 feet of the Southeast 1/4 of said section; THENCE South 89° 45' 30" Eas~, along said South line, 1581.74 feet; '1%I~qCE South 00° 11' 56" West, 2212.49 feet to a point on the South line of said Section 29; THENCE North. 89" 47' 46" West, along said South line, 2905.45 feet to the point. of beginning. EXCEPTING the public road right of way for Brimhall Road and Windsong Street. Containing 140.56 Acres (more or less) OR=IGINAL 35:FCGPA RTY:lh Exhibit "B" Zone Change #5233 Page 2 TO CITY C-2 (CC~4MERCIAL) ZONE A portion of the Southeast 1/4 of said Section 29, more particularly described as follows: Beginning at the Southeast corner of said Section 29; THENCE North 89" 47' 46" West, along the South line of said section, a distance of 732.00 feet; THENCE North 00° 11' 56" East, 845.54 feet; 'I~%~E South 89" 47' 46" East, 732.23 feet to a point on the East line of said section; THENCE South 00° 12' 51" West, along said East line, ~845.54 feet to the point of beginning. EXCEPTING the public road right of way for Coffee Road and Brimhall Road. Containing 13.00 Acres TO CITY OS (OPEN SPACE) ZONE A portion of the Southeast 1/4 of said Section 29 more particularly described as follows: Beginning at a point on tb~ south line of said Section 29, distant North 89" 47' 46" West, 732.00 feet frc~ the Southeast corner thereof; THENCE continuing North 89" 47' 46" West, alomg said South line, 330.00 feet; THENCE North 00" 11' 56" East, 2155.30 feet; THENCE South 89° 45' 30" East, 330.00 feet; THENCE South 00" 11' 56" West, 2155.08 feet to the point of beginning. EXCEPTING the public road right of way for Brimhall Road. Containing 16.10 Acres ORIGINAL 35:FCGPA. 2 R~Y:lh Exhibit "B" Zone Change #5233 Page 3 TO CITY M-1 (LIGHT MANUFACII3RING) ZONE A parcel of land in the East half of Section 29, Township 29 South, Range 27 East, M.D. M., City of Bakersfield, County of Kern, State of California, more parti- cularly described as follows: Cc~nencing at the East 1/4 corner of said Section 29; THENCE N 89° 45' 30" West, along the North line of the Southeast 1/4 of sald section, 728.10 feet to the TRUE POINT OF BEGIB~ING; THENCE South 01° 04' 34" West, 300.13 feet; THENCE South 00° 11' 56" West, 187.09 feet; THENCE North 89° 45' 30" West, 330.00 feet; THENCE North 00° 11' 56" East, 57.19 feet; THENCE North 89" 45' 30" West, 1581.74 feet to a point on the West line of the East half of said Section 29; ~ North 00° 13' 20" East, along said West line, 465.10 feet to a point on the South Right of Way line of the A. T. & S. F. Railroad; THENCE South 89" 45' 48" East, along said south line, 1916.15 feet; THENCE South 00~ 14' 30" West, 35.24 feet to the TRUE POINT OF BEGINNING. Containing 20.87 Acres (+) ORI(~iINAL 36:LMZ RTY:lh EXHIBIT "C" Zone Change #5233 Conditions of Approval The developer shall provide a minimum of 10 feet of landscaping outside the road right-of-way on the north and south sides of Brimhall Road, between Coffee Road and Calloway Drive. All development within the zone change area shall comply with the mitigation measures specified in the Mcintosh General Plan Amendment. ORIOINAL AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) $$o County of Kern) CAROL WILLIAMS, That she is the of Bakersfield; Being duly sworn, duly appointed, and that on the posted on the the following: City Council at and entitled: Bulletin Board at Ord±nance a meeting held on deposes and says: acting and qualified City Clerk of the C:ity 17th day of January , 1992 she City Hall, a full, true and correct copy of No. 3427 , passed by the Bakersfie][d the 15th day of January , 199__z.~, NSAOPD /s/ CAROL WILLIAMS CITY CLERK of the City of Bakersfield By: c~-~ ~ DEPUTY City Clerk