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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. p:392s6.ea 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