HomeMy WebLinkAboutORD NO 3509ORDINANCE NO. 3509
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND ZONING
MAP NO. 102-31 BY CHANGING THE ZONING OF 37
ACRES GENERALLY LOCATED SOUTH OF BRIMHALL
ROAD, NORTH OF THE KERN RIVER AND BETWEEN
THE EXISTING AND PROPOSED ALIGNMENTS OF
CALLOWAY DRIVE.
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 south of Brimhall Road and between the
existing and proposed alignments of Calloway Drive and north of the Kern River; and
WHEREAS, by Resolution No. 66-92 on December 17, 1992, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of
the Municipal Code to approve R-1 (One Family Dwelling, minimum lot area not less
than 6,000 square feet) on 37 + acres as delineated on attached Zoning Map # 102-31
marked Exhibit "B", by this Council which 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-20A
(Agriculture-20 acre minimum lot size) and R-S (Residential Suburban, minimum lot
area not less than 24,000 square feet) to R-1 (one family dwelling, minimum lot area not
less than 6,000 square feet) on 37 _ acres 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 was advertised and posted on
November 2, 1992, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows low density
residential development; and
ORIGII~AL
WHEREAS, the City Council has considered and hereby makes the
following findings:
1. All required public notices have been given.
2. The provisions of California Environmental Quality Act (CEQA) have
been met through the preparation of an initial study and a negative declaration which
indicate no significant environmental impact will occur as a result of the proposed zone
change.
3. That the proposed Zone Change No. 5388 is consistent with the
Metropolitan Bakersfield 2010 General Plan.
4. The proposed zoning 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.
6. Impacts to school districts has been mitigated through Memoranda of
Understanding between Castle and Cooke Development Corporation and Rosedale
Union School District, and Castle and Cooke Development Corporation and Kern High
School District.
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".
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ORIGINAL
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.
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ORIGINAL
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
~gt~ I q ~ , by the following vote:
AYES: COUNCILMEMbERS: EDWARDS, De. MO;~D, SMITH SRU,qN ,V~.NE, McDERMO'TT SALVAGGIO
NOES: COUNCILMEMBEI::IS ~tO.~
ABSENT COUNCILMt=MBERS:
ABSTAIN COUNCiLMEMBERS' K[t~C~ ~' ~
~(xCITY CLERK and Ex Officio Cie~l~of the
[I Council of the City of Bakersfield
APPROVED FF.B ~. 1 I~
BOB PR1CE
MAYOR of the City of Bakersfield
APPROVED as to form:
LAWRENCE M. LUNARDINI
CITY ATTORNEY of the City of Bakersfield
res\o5388.cc
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ORIGINAL
EXHIBIT "A"
Conditions of Approval
General Plan Amendment 4-92, Segment V
Zone Change No. 5388
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 Rosedale
Union School District dated August 6, 1992, and letter from Stephen L. Hartsell
of Schools Legal Service 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, and letter from Dr. Neal Olsen, Associate
Superintendent, Kern High School District, and Philip Turner, Vice President,
Castle and Cooke Development Corporation dated October 1, 1992.
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ORIGINAL
C'O
FPP
CO
CITY OF BAKERSFIELD
ZONING MAP 102-31
LEGENO
EXHIBIT "C"
Zone Change No. 5388
A parcel of land located in Section 31, Township 29 South, Range 27 East, M.D.M., in
the county of Keru, State of Califoruia and more particulary described as follows:
Commencing at the Northeast coruer of said Section 31, thence South 0°43'01" West,
1320.00 to a point on the East line of Section 31 which is also the true point of beginning;
7.
8.
9.
10.
11.
thence North 89o06'43" West, 660.36 feet:
thence North 0°43'01" East, 573.12 feet:
thence South 50o44'14" West, 181.83 feet to the beginning of a tangent curve
concave to the Southeast whose radius is 2645.00 feet;
thence along said curve a distance of 1113.72 feet and through a central angle
of 24°07'31 u to the point of compound curvature of a curve concave to the
Southeast whose radius is 200.00 feet;
thence along said curve a distance of 120.13 feet and through a cental angle of
34°24'56" to the point oftangency of a line;
thence along said' tangent line South 7°48'13" East, 306.47 feet;
thence along said tangent line South 44°34'08" East, 249.38 feet;
thence along said tangent line South 82027'26" East, 816.82 feet;
thence along said tangent line South 89°08'31" East, 179.95 feet to the beginning
of a curve concave to the northwest whose radius is 1400 feet;
thence along said curve a distance of 906.95 feet through a central angle of
37o07'02" to a point on the East line of Section 3 l;
thence along said East line North 0°43'01" East, 261.71 feet to the true point of
beginning.
Said parcel contains 37.00 acres more or less.
ORIGINAL
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SSo
County of Kern )
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 19th day of February,
1993, she posted on the Bulletin Board at City Hall, a full, true
and correct copy of the following: Ordinance No. 3509, passed by
the Bakersfield City Council at a meeting held on the 17th day of
February, 1993, and entitled:
By:
/s / CAROL WILLIAMS
City Clerk of the City of Bakersfield