HomeMy WebLinkAboutORD NO 3510ORDINANCE NO. 3510
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND ZONING
MAP NO. 103-13 BY CHANGING THE ZONING OF 18.2
ACRES GENERALLY LOCATED EAST OF ROYAL OAK
DRIVE, NORTH OF AUBURN STREET AND SOUTH OF
PANORAMA DRIVE FROM A PUD (PLANNED UNIT
DEVELOPMENT) ZONE TO R-1 (ONE FAMILY
DWELLING), R-2 (LIMITED MULTIPLE FAMILY
DWELLING) AND R-3 (LIMITED MULTIPLE FAMILY
DWELLING) 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 at 6200 Auburn Street (east of Royal Oak
Drive, north of Auburn Street and south of Panorama Drive); and
WHEREAS, by Resolution No. 63-92 on December 17, 1992, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of
the Municipal Code to approve amending the zoning from PUD (Planned Unit
Development) zone to R-1 (One Family Dwelling) on 13.6 acres, R-2 (Limited Multiple
Family Dwelling) on 1.8 acres and R-3 (Limited Multiple Family Dwelling) on 2.8 acres
as delineated on attached Zoning Map No. 103-13 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 PUD
(Planned Unit Development) zone to R-1 (One Family Dwelling) on 13.6 acres, R-2
(Limited Multiple Family Dwelling) on 1.8 acres and R-3 (Limited Multiple Family
Dwelling) on 2.8 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 with mitigation was advertised and
posted on October 30, 1992, in accordance with CEQA; and
ORIGINAL
WHEREAS, the general plan designation for this area allows
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 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. 5392 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. Mitigation measures attached to the project as Exhibit "A" are included
in the project to minimize and/or mitigate impacts.
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
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.
.......... 000 .........
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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
Ir£[~ ! ? ~ , by the following vote:
AYES: COUNCiLMEMBERS: EDWARDS, DeMOND,.SMITH, BRUNNI, KANE, MCDI=RMOTT
NOES: COUNCILMEMBER~S ........
A~ENT ~NCIL~MBE~S: __ --
A~TAIN c~NCILMEM~RS'
and Ex Officio ~!erk of the
City of Bakersfield
APPROVED
BOB PRICE
MAYOR of the City of Bakersfield
APPROVED as to form:
LAWRENCE M. LUNARDINI
CITY ATTORNEY of the City of Bakersfield
res\o5392.cc
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ORIGINAL
Exhibit A
Recommended Mitigation Measures
1. In order to mitigate the impacts of any natural to urban land conversion on the San
Joaquin kit fox (a State and Federally-listed Endangered Species), the property owner must.
prior to ground disturbance, follow the Advisoqt Notice, detailing the Interim Mitigation
Measures established for the Metropolitan Bakersfield Habitat Conservation Plan.
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ORIOINAL
CITY OF BAKERSFIELD
ZONING MAP 103-13
SEC. I$
LEGEND
EXHIBIT C
CITY P,U,D, (PI ANNED UNIT DEYELOpMI~%~I~ ZONE TO CITY R-I (ONE-FAMILY DWEI.~,~G) ZONE
Be~nning at the northeast corner of Parcel 4 per Parcel Map 5774 filed for record in Book 24 of Parcel Maps,
Page 147 in the office of the Kern County Recorder, said parcel being in the southwest quarter of Section 13,
T. 29 S., R. 28 E., M.D.M., City of Bakersfield, Kern County, California;
Ttu~CE South 00o02'34' East, along the east line of said parcel, a distance of 900.52 feet;
Tm,:NCE South 89o29'05" West, 371.02 feet to a point on the northerly right of way line of Auburn Oaks
Drive, also being the bemoan nlng Of a 90.00 foot radius, non-tangent curve concave southwesterly, having a radial
of South 51o48'53' West from said point;
Ti:II~NCE Northwesterly along said right of way crave through a central angle of 69o17'15' an arc distance
of 108.84' feet to the beginning of a 25.00 foot radius reverse curve, concave northerly;,
TitKNCE westerly along said right of way curve through a central angle of 16057'27" an arc distance of 7.40
feet;
'rxe:NCE South 89~29'05" West, 169.82 fee to the be~nnlng of a 380.00 foot radius curve, concave southerly;,
TInONCE Westerly along said right of way curve through a central angle of 03o14'$7" an arc distance of 21.55
feet to a point on west boundary line of said Parcel Map No. 5774;
-r-s:NCE North 00o02'13" West along said boundary line, 872.11 feet to the Northwest comer of said Parcel
4;
TroUNCE North 89o34'08~ East, along the north line of said parcel 667.30 feet to the point of be~nning.
Containing 13.606 acres
CITY P,U.D. ZONE TO crrY R-2 (I.IMITED MULTIPI,F.-F~,MILY DWELI,ING} ZONE.
Commencing at the Southwest corner of Parcel 1 of said Parcel Map No. 5774;
TtlI~NCE North 00o02'13" West along the West line of said parcel a distance of 90.00 feet to the true point
of be~nnlng;,
TH/&NCE continuing North 00o02'13" West, 310.49 feet to a point on the southerly right of way line of
Auburn Oaks Drive also being on a point on a 320.00 foot radius, non-tangent curve, concave southerly, having
a radial of South 04o27'53" East from said point;
THENCE Easterly along said curve through a central angle of 03056'58" an arc distance of 22.06 feet;
THENCE North 89029'05' East, 203.36 feet to the beginning of a 25.00 foot radius curve concave
southwesterly;,
Page I of 2
ORIGINAL
THENCE Southeasterly along said right o£ way curve through a central angle of ~0o00'00" an arc distance of
39.27 feet;
'rtl~cE South 00030'55" East along said fight of way line, 266.24 feet to the be~nnlng of a 20.00 foot radius
curve concave northwesterly;,
'I'H~':NCE Southwesterly along said carve through a central angle of 90o00'00" an arc distance of 31.42 feet
to a point on the northerly right of way line oi Auburn Street;
'r~It:NCE South 89o29'05* West, along said right of way line, 232.99 feet to the point of bo~pinning;,
conteining 1.793 aeres
CITY P.U,D. ZONE TO CITY R.3 fl.rMITED MUL'tlw .F,-FAMILy DWELI.~i'GI ZONE.
Commencing at the Southeast comer of Parcel 3 of said Pareel Map No. 5774;
TtiI~NCE North 00o02'34' West along the east line of said parcel, a distance of 90.00 feet to a point on the
north right of way line of Auburn Street and the true point of
'I'H~:NCE South 89o29'05' West, 334.44 feet to the be~nnlng of a 20.00 foot radius curve concave
northeasterly;,
TI~.NCE Northwesterly along said curve through a central angie of 90o00'00' an arc distance of 31.42 feet
to a point on the easterly right of way line of Auburn Oak~ Drive;
T!~ENCE North 00o30'5Y' West, along said right of way line, 232.70 feet to the be~nnln~ of a 25.00 root
radius curve concave easterly;
T!tl~CE Northerly, along said right of way carve, through a central angie of 16o57'2~' an arc distance of 7.40
feet to the be~nnlng of a 90.00 foot radius reverse curve concave southwesterly;,
'!'I~2NCE Northwesterly along said right of way carve through a central angle of 54o37'39~ an arc distance
of 85.81 feet:
TEI!~CE North 89o29'05" East, 371.02 feet to a point on the east boundary line of said Parcel Map No. 57'/4;
TItF, aNCE South 00o02'34' East along said bounda~ line, 341.25 feet of the point of be~nnlng.
Containing 2.785 acres
Page 2 of 2
ORIGINAL
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
)
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. 3510,
the Bakersfield City Council at a meeting held on the
February, 1993, and entitled:
passed by
17th day of
By:
/s/ CAROL WILLIAMS
City Clerk of the City of Bakersfield