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Home My WebLink AboutORD NO 3558ORDINANCE NO. ~ 5 5 8 AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP 102-30 BY CHANGING THE ZONING FROM AN R-S (RESIDENTIAL SUBURBAN, MINIMUM LOT AREA SHALL NOT BE LESS THAN 24,000 SQUARE FEET) TO C-1 (NEIGHBORHOOD COMMERCIAL) ON 7 GROSS ACRES; FROM E (ESTATE, ONE FAMILY DWELLING, MINIMUM LOT SIZE SHALL NOT BE LESS THAN 10,000 SQUARE FEET) AND R- S (RESIDENTIAL SUBURBAN) TO R-2 (LIMITED MULTIPLE FAMILY DWELLING, MINIMUM LOT SIZE SHALL NOT BE LESS THAN 6,000 SQUARE FEET AND THE MINIMUM LOT AREA SHALL NOT BE LESS THAN 2,500 SQUARE FEET PER DWELLING UNIT) ON 3.49 GROSS ACRES; AND FROM R-S (RESIDENTIAL SUBURBAN) TO E (ESTATE) ON 1.36 GROSS 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 along the northeast corner of Brimhall Road and Jewetta Avenue; and WHEREAS, by Resolution No. 37-93 on June 17, 1993, the Planning Commission by a split vote failed to take any action on an ordinance amending Title 17 of the Municipal Code to approval a zone change to C-l, R-2 and E; 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, Planning Commission and this Council; and WHEREAS, a Negative Declaration with mitigation was advertised and posted on May 11, 1993, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows 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 CEQA have been followed. 3. That proposed Zone Change No. 5458 is consistent with the Metropolitan Bakersfield 2010 General Plan. 4. The proposed zoning with mitigation 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. Additional school facility fees are necessary to offset impacts to the Kern High School District and Rosedale Union School District. 7. Park land dedication or in-lieu fees are necessary to offset impacts to the North Bakersfield Recreation and Park District. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: 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 Zoning Map No. 102-30 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 attached 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 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 Atl6 2 5 ~ , by the following vote: AYES: COUNCILMEMBERS McDERMOTT, EDWARDS, OeMOND, ~11H, BRUNNI, ROWLES, ~ NOES: COUNCILMEMBERS /~.~ ~ 4o ABSTAIN: COUNCILMEMBERS I'.~ f'VP~ ABSENT: COUNCILMEMBERS ,~'w. ~"~,.,. ,~ .'~:~:[ ~A~,,.~,~ I/~ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED A~J6 g 5 1~$ MAYOR of the City of Bakersfield APPROVED as to form: LAWRENCE M. LUNARDINI CITY ATTORNEY of the City of Bakersfield RD:pjt July 14, 1993 res\o293s3zc.cc ORIGINAL EXHIBIT "A" General Plan Amendment 2-93, Segment III Zone Change No. 5458 Conditions of Approval Plannin~ Department: In order to mitigate the impacts of any development of the site on the kit fox (a Federaliy-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) If cultural resources (archaeological or historical) should be discovered on the site during any construction activity, construction shall cease and the Cultural Resource Facility at California State University Bakersfield shall be notified of such discovery. At such time the applicant shall contract with the Cultural Resource Facility or other qualified archaeologist to conduct a survey of the site and recommend disposition of resource finds. (Mitigation). Prior to the issuance of a building permit within the project area, $3.48 per square foot of assessable space, as defined in Section 65995 of the Government Code, shall be paid for the purpose of providing school facilities. (Mitigation) Applicant/developer shall dedicate .48 acres of park land to North Bakersfield Recreation and Park District or contribute in-lieu fees to said "district." Public Works: Upon further development or subdivision within the GPA or zone change area, a traffic study shall be submitted identifying impacts from the development and the proposed mitigation of these impacts including the percentage share of the cost of specific improvements required as a part of the proposed mitigation. Access to Brimhall Road is restricted and shall meet City Standards for location and separation. The location of access point(s) shall be determined at the time of further subdivision or at the time of site plan review. Upon further development or subdivision within the GPA or zone change area, the subdivider/developer shall submit a comprehensive drainage study of the area bounded by Jewetta Avenue on the west, Brimhall Road on the south, the west line (or a projection thereof) of Tentative Tract 5417 on the east, and the south line (or a projection thereof) of Tentative Tract 5334 on the north. The drainage study should include, but not necessarily be limited to, drainage calculations, pipe sizes and locations, the drainage basin site and size, and construction phasing. The drainage study shall be submitted to and approved by the City Engineer and any required drainage basin site and necessary easements deeded to the City prior to recording of any subdivision map or certificate of compliance or submittal of any development plan within the GPA or zone change area. City Attorney: The applicant shali enter into an agreement with the city to indemnify and defend it against a challenge to any action of the city upon the application. p:293s3.ea ORIGINAL ZONE CHANGE 5458 .,,~ EXHIBIT ZONING MAP 102-50 EXHIBIT Zone Change 5458 ;-1 ~LiMITED COMMERCIAL) ZONE The West 923.97 feet of t~e South half of the South half of the Southwest auarter of the Southwest quarter of Section 30, Townsnio 29 South, Range 27 East, M.D.M., City of Bakersfield, Kern County, California. Containing 7.00 acres, more Or less. B{10,000) (ESTATE RESIDENTIAL-10,000 $.F. MINIMUM LOT SIZE) ZONE The East 180.00 feet of the South hal f of the South half ot the Southwest quarter of the Southwest quarter of Section 30, TownshiD 29 South, Range 27 East, M.D.M., City of Bakersfield, Kern County, California. Containing 1.36 acres, more or less. (LIMITED MULTIPLE FAMILY DWELLING) ZONE All that portion of the South Half of the Southwest Quarter of the Southwest Quarter of Section 30, Township 29 South, Range 27 East, M.D.M., Clty of Bakersfield, Kern County, California, being more particularly described as follows: Beginning at a point on the South line of said Southwest Quarter, from which point the Southwest corner of said Section bears Ssg°47'10"w, 923.97 feet; thence parallel with and 923.97 feet East of the West llne of said Southwest Quarter, NO0O17'42"W, 558.00 feet; thence parallel with and 102.00 feet South of the North line of said South half, S88o46,10,,W, 173.97 feet; thence parallel with and 750.00 feet East of the West line of said Southwest Quarter, N00oI7'42"W, 102.00 feet to the North line of said South half; thence along said North line, N88'46'10'°E, 374.86 feet; thence parallel with and 185.00 feet West of the East line of said Southwest Quarter of said Southwest Quarter, S00°14'06"E. 252.73 feet to the beginning of a 300.00 foot radius tangent curve, concave Easterly; thence Southerly along said curve through a central angie of 7°24'07", an arc length of 38.76 feet to the beginning of a 300.00 foot radius reverse curve, concave Westerly; thence Southerly along said curve throug~ a central angie of 7o24'07", an arc length of 38.76 feet; thence parallel with and 180.00 feet West of the East line of said Southwest Quarter of said Southwest Quarter, S00ola'O6',E, 330.03 feet to the South line of said Southwest Quarter; thence along said South line, SSg~a7'10"W, 205.20 feet to the Point of ~eg~nning. Containing 3.49 Acres, More or Less. AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) County of Kern ) S$. 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 26th day of August, 1993 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3558, passed by the Bakersfield City Council at a meeting held on the 25th day of August, 1993, and entitled: AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP 102- 30 BY CHANGING THE ZONING FROM AN R-S TO C-1 ON 7 GROSS ACRES; FROM E AND R-S TO R-2 ON 3.49 GROSS ACRES; AND FROM R-S TO E ON 1.36 GROSS ACRES By: /s/ CAROL WILLIAMS City Clerk of the City of Bakersfield