HomeMy WebLinkAboutORD NO 3542ORDINANCE NO. 3 ~_~ 2
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND ZONING
MAP NO. 102-30 BY CHANGING THE ZONING OF
SOUTH OF PALM AVENUE APPROXIMATELY 660 FEET
EAST OF JEWETTA AVENUE FROM AN RS-2.SA
(RESIDENTIAL SUBURBAN-2.5 ACRES MINIMUM)
ZONE TO AN E (ESTATE-ONE FAMILY DWELLING,
MINIMUM LOT SIZE 10,000 SQUARE FEET) ZONE ON
4.97 _+ ACRES.
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 Palm Avenue approximately 660
feet east of Jewetta Avenue; and
WHEREAS, by Resolution No. 26-93 on February 4, 1993, 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 an RS-2.5A
(Residential Suburban-2.5 Acres Minimum) zone to an E (Estate-One Family Dwelling,
minimum lot size 10,000 square feet) zone as delineated on attached Zoning Map No.
102-30 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 an RS-2.5A
(Residential Suburban-2.5 Acres Minimum) zone to an E (Estate-One Family Dwelling,
minimum lot size 10,000 square feet) zone 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 June 9,
1993, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows Suburban
Residential 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. 5341 is consistent with the
Metropolitan Bakersfield 2010 General Plan.
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 No. 102-30) of the Municipal Code of
the City of Bakersfield be and the same is hereby amended by changing the land use
zoning subject to the conditions of approval shown in Exhibit "C" 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".
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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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
JUN 0 9 ~93 , by the following vote:
AYES: COUNCiLMEMBERS: EDWARDS, DeMOND, SMITH, BRUNNI, KANE,,MB~II~T SALVAC~--dO
NOES: COUNCILMEMBERS .....
ABSENT COUNCILM~MBERS: ~ ~ ~ ¢
ABSTAIN COUNCILMEMBERS'
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
MAYOR of the City of Bakersfield
APPROVED as to form:
AI~
CITY ATTORNEY of the City of Bakersfield
MO:pjt
May 13, 1993
res\o5341.cc
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CITY OF BAKERSFIELD
ZONING MAP IO2-30
LEGEND
EXHIBIT "B"
Legal Description
Zone Change No. 5341
FROM AN RS-2.5A (RESIDENTIAL SUBURBAN-2.5 ACRES MINIMUM) ZONE
TO AN E (ESTATE - ONE FAMILY DWELLING, MINIMUM LOT SIZE 10,000
SQUARE FEET) ZONE:
The east half, southeast quarter, northwest quarter, southwest quarter, Section 30, T.29
south, Range 27 east, M.D.B.&M., Kern County, California.
Containing 4.97 ± acres.
p:5341.1d
OF~I~i~AL
EXHIBIT "C"
Conditions of Approval
Zone Change No. 5341
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 R-1 18,000 zone shall have an 18,000 square foot minnnum lot size.
The applicant shall enter into an agreement with the city to indemnify and defend
it against a challenge to any action of the city upon application.
4. School mitigation shall consist of the following:
Payment to the Kern High School District of $1.35 per square foot of
assessable space (as that term is defined in Government Code Section
65995).
That this amount will be amount is subject to periodic adjustment for
inflation in the same manner and amount as for fees levied under
Government Code Section 53080, will also be adjusted if state law is
changed to expressly permit or require higher school facilities fees, but will
not be otherwise adjusted upward or downward regardless of the
continuing efficacy of the amendment of Government Sections 65995 and
65996 by SB 1287.
o
Payment of this amount for each residential structure at the time of
building permit issuance, unless appropriate arrangements as set forth in
the agreement have been are made to permit payment as late as close of
escrow.
Recordation of the agreement as a covenant running with the land to pay
this amount as specified.
Annexation of the property covered by the zone change into the RNR
Community Facilities District No. 1 ("CFD") or payment of those amounts
established by the CFD to prepay the taxes which would otherwise be
levied if it were annexed into the CFD.
p:5341.ea
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 14th day of June,
1993 she posted on the Bulletin Board at City Hall, a full, true
and correct copy of the following: Ordinance No. 3542,
the Bakersfield City Council at a meeting held on the
June, 1993, and entitled:
passed by
9th day of
By:
/s/ CAROL WILLIAMS
City Clerk of the City of Bakersfield
C'~y C~e~k