HomeMy WebLinkAboutORD NO 3501ORDINANCE NO.
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND ZONING
MAP NO. 123-07 BY CHANGING THE ZONING OF 14.1
ACRES GENERALLY LOCATED ALONG THE
NORTHWEST CORNER OF OLD RIVER ROAD AND
WHITE LANE FROM A C-2 (REGIONAL COMMERCIAL)
ZONE TO A R-1 (ONE FAMILY DWELLING) ZONE.
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 along the northwest corner of Old River
Road and White Lane; and
WHEREAS, by Resolution No. 54-92 on OCTOBER 1, 1992, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of
the Municipal Code to approve a zone change from C-2 (Regional Commercial) to a
R-1 (One Family Dwelling, minimum lot area 6,000 sq.ft. per dwelling unit) as
delineated on attached Zoning Map No. 123-07 marked Exhibit "B", 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 a C-2
(Regional Commercial) to a R-1 (One Family Dwelling, minimum lot area 6,000 sq.ft.)
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
WHEREAS, a Negative Declaration with mitigation was advertised and
posted on August 3, 1992, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows residential,
commercial and residential development; and
WHEREAS, the City Council has considered and hereby makes the
following findings:
1. All required public notices have been given.
3. That the proposed Zone Change No. 5329 is consistent with the
Metropolitan Bakersfield 2010 General Plan.
4. The proposed zoning, as mitigated, will not have a significant adverse
effect on the environment.
5. Conditions of approval attached to the project as Exhibit "A" 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.
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 "B" attached hereto and made a part hereof, and are more specifically
described in attached Exhibit "C".
4. Such zone change is hereby made subject to the conditions of approval
listed in Exhibit "A".
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.
-2-
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
~.g_C .q ~91~ , by the following vote:
AYES; COUNCILMEMRERS: EOWARDS, DeMONB, ~$!R~h, BRUNNI, PETERSON, McDERMOIT, SALVAGGIO
NOES: COUNCILMEMBERS: ,~/~ .,.,.~
ABSENT COUNCILMEMBERS
ABSTAIN: COUNCILMEMBERS
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
~£C 9 1992
APPROVED
MAYOR of the City of Bakersfield
APPROVED as to form:
~ I~AWRENCE M. LU~ARDINI
CITY ATTORNEY of the City of Bakersfield
res\o382s6.cc
-3-
EXHIBIT "A"
Conditions of Approval
General Plan Amendment 3-92, Segment VI
Zone Change No. 5329
Planning Department:
In order to mitigate the impacts of any development of the site 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 losses to kit
fox habitat resulting from on-going construction activities. (Mitigation)
The approval and issuance of each building permit for the project are expressly
conditioned on full compliance with the terms and conditions of a Memorandum
of Understanding (MOU) entered into between the applicant and the Panama-
Buena Vista Union School District dated October 1, 1992.
The approval and issuance of each building permit for the project are expressly
conditioned on full compliance with the terms and conditions of a Memorandum
of Understanding (MOU) entered into between the applicant and the Kern High
School District dated October 1, 1992.
Public Works Department:
Access shall be integrated with the adjacent gated community containing large
lots.
Stop signs shall be installed within the site at exit points to control traffic.
Internal traffic signing/striping should be implemented in conjunction with
detailed construction plans for the project.
GPA 2-88, Segment V, shall be complied with concerning traffic related fees.
However, upon approval by the city engineer of the supporting traffic study, a
revision to the improvement agreement reflecting the effects of reduced traffic
generation from the project may be reduced.
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OR
I11
CITY OF BAKERSFIELD
ZONING MAP 123-07
SEC. 07 ~ .30s R 27~
LEGEND
""
CiTY OF BAKERSFIELD
ZONINO MAP 123-08
SEC. 08 T 3Os R 27E
LEGEND
EXHIBIT "C"
Zone Change ~5329
AI.!, THOSE PORTIONS OF SECTIONS 7 AND 8, T. 30S., R.2TE, M.D.M., C1TY
OF BAI~.RSF~.LD, COUNTY OF KERN, STATE OF CALr~ORNIA, B~r~G
DESCRIBED AS FOI.LOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAn3 SECTION 8; THENCE S.
89* 17' 55' E. ALONG THE SOUTH ~ OF SAID SECTION 8 A DISTANCE
OF 155.26 FEET TO THE CF_~rl~I.r~E OF OLD RIVER ROAD; THENCE
ALONG SAID CENTERr JNE THE FOLLOWING THR~.~. (3) COURSES:
(1)
N. 00° 21' 34" E. , 74.02 FEET TO THE BEGINNING OF A
CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF
2000.00 FEET; THENCE
(2)
NORTI-m'n.LY ALONG SAID CURVE THROUGH A CENTRAL
ANGI.~. OF 19° 57' 26" AN ARC DISTANCE OF 696.64 FEET;
(3) N. 19° 35' 52' W. , 152.99 FEET; THF_~CE
S. 70° 24' 0B' W. , 197.07 FEET TO THE BEGINNING OF A CURVE CONCAVE
TO THE NORTH, HAVING A RADIUS OF 1200.00 Fr:.]~r; Tlm:~NCE WESTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19° 20' 16' AN
ARC DISTANCE OF 405.01 l-'l=l~r; TI~-NCE S. 89° 44' 24' W., 145.89 FEET;
TF~NCE N. 74° 14' 41' W., 45.00 ~ TO THE BEGINNING OF A NON-
TANGENT CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 800.00
FEET AND TO WHICH BEGINNING A RADIAL LINE BEARS S. 74° 14' 41' E.,
TI-II=NCE SOnY ALONG SAID CURVE THROUGH A CE2qTRAL ANGLE
OF 01° 59' 58" AN ARC DISTANCE OF 27.92 FEET; T]~.NCE S. 17° 45' 17"
W., 278.74 FEE~ TO THE BEGINNING OF A CURVE CONCAVE TO THE EAST
HAVING A RADIUS OF 1000.00 FEET; THENCE SOUTI-IERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 17° 01' 42" AN ARC DISTANCE
OF 297.20 FEET; THENCE S. 00° 43' 35" W., 179.10 FEET TO THE SOUTH
LINE OF SAID SECTION 7; THF~NCE S. 89° 15' 23" E. ALONG SAID SOUTH
LINE A DISTANCE OF 926.27 FEET TO THE SOUTHEAST CORNER OF SAID
SECTION 7 AND POINT OF BEGINNING.
EXCF. PTING THEREFROM ALL PUBLIC RIGlIT-OF-WAYS AND' STREET
DEDICATIONS FOR WHITE LANE.
CONTAINING 18.22 ACRES GROSS, 14.1 ACRES NET.
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
of Bakersfield; and that on the 16th day of Dece~nber
posted on the Bulletin Board at City Hall, a
the following: Ordinance No. 3501
City Council at a meeting held on the 9th
and entitled:
the City
, 1992 she
full, true and correct copy of
, passed by the Bakersfield
day of D~,~h~ , 19 9~ ,
NSAOPD
/s/ CAROL WILLIAMS
CITY CLERK of the City of Bakersfield