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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. -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 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 -3- oqlG;~,~L 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