HomeMy WebLinkAboutORD NO 3569ORDINANCE NO. ~ 5 6 0
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND ZONING
MAP 123-22 BY CHANGING THE ZONING OF 5.14
ACRES GENERALLY LOCATED AT THE NORTHEAST
CORNER OF ASHE AND HARRIS ROAD FROM A C-1
(NEIGHBORHOOD COMMERCIAL) ZONE TO AN R-I
(ONE FAMILY DWELLING) ZONE.
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 the northeast corner of Ashe and Harris
Roads; and
WHEREAS, by Resolution No. 59-93 on September 16, 1993, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of
the Municipal Code to approve a change of zoning from a Col (Neighborhood
Commercial) zone to an R-I (One Family Dwelling) zone on 5.14 acres, as delineated
on attached Zoning Map No. 123-22 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 a C-I
(Neighborhood Commercial) zone to an R-1 (One Family Dwelling) 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, Planning
Commission and this Council: and
WHEREAS, a Negative Declaration with mitigation was advertised on
August 18, 1993 and posted on July 26, 1993, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows single family
residential development; and
WHEREAS, the City Council has considered and hereby makes the
following findings:
1. All required public notices have been given.
The provisions of CEQA have been followed.
ORIGINAL
3. That proposed Zone Change No. 5498 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.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
Bakersfield as follows:
correct.
All of the foregoing recitals are hereby found to be true and
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. 123-22 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.
.......... 000 .........
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
BEt; 0 ! 199~) , by the following vote:
AS$/$tar~tCITY CLERK and Ex Officio ~2~erk
Council of the City of Bakersfield
of the
APPROVED
BOB P/C~l ~j"~
MAYOR of the City of Bakersfield
APPROVED as to form:
~L~ CITY ATFORNEY of the City of Bakersfield
DR:pjt
October 5, 1993
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ORIGINAL
EXHIBIT "A"
Recommended Mitigation Measures and
Conditions of Approval
General Plan Amendment 3-93, Segment VII
Zone Change 5498
Plannin~ De~aartment:
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)
Prior to issuance of a building permit for residential uses within the project site, $3.65 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)
Public Works:
Offers of dedication will be required to allow for the construction of the entire portion of Ashe
Road within the project area to arterial standards and of the entire portion of Harris Road within
the project area to collector standards. Such offers shall include sufficient widths for expanded
intersections and additional areas for landscaping as directed by the City Engineer. The offers of
dedication, fully executed, shall be submitted to the City prior to development or recordation of
any subdivision map or certificate of compliance within the GPA area or upon request of the City
Engineer, whichever occurs first.
The project area has been included in an approved drainage study performed for Tract 4957.
Development of the project area shall conform to the provisions of the approved drainage study.
Additional casements for slopes may be required along Harris Road and Ashe Road adjacent to
the project area depending upon the final design elevations of these streets and the adjacent
residential lots.
At the time of further subdivision or deveh)pment, the subdivider/developer shall perform a traffic
study to identify local traffic impacts and determine measures to mitigate these impacts.
Alternatively, the subdivider/developer may pay $750 per gross acre for his share of the traffic
signals in the area.
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ORIGINAL
Z
m
C)
m
CITY OF BAKERSFIELD
ZONING MAP 123-22
SEC. 2Z
LEGEND
EXHIBIT "C"
Legal Description
Zone Change No. 5498
%
l~eing a portion of the remainder of Parcel 2 of Lot Line Adjustment No. 220 per
Certificate of Compliance recorded in Book $947, Page 1690, O.R. as shown on Tract
No. 4957 - Unit 1 recorded in Book 38 of Maps at Page 84 in the Office of the Kern
County Recorder. Also a portion of the west half of the west half of Section 22, T.30 S.,
R.27 E., M.D.B.&M., City of Bakersfield, State of California described as follows:
Commencing at a concrete monument with brass disk, said point being the northwest
corner of Section 22, T.30 S., R.27 E., M.D.B.&M., as shown on Tract No. 4947 - Unit 1
filed for record in Book 38 of Maps at Page 84 in the Office of the Kern County
Recorder;
THENCE south 00°8'12" west along the west line of said Section 22 (center line Ashe
Road), 2,400.89 feet;
THENCE south 23048'23" east, 132.07 feet to the True Point of Beginning;
THENCE (1) north 00°48'12" east, 406.76 feet;
THENCE (2) south 89°02'33" east, 461.45 feet;
THENCE (3) south 00°$7'27" west, 473.00 feet;
THENCE (4) south 45°57'27" west, 28.28 feet;
THENCE (5) north 89°02'33" west, 400.47 feet;
THENCE (6) north 23°48'23" west, 94.98 feet to the True Point of Beginning.
Contains: 5.14 acres
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ORIGINAL
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
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 December, 1993
she posted on the Bulletin Board at City Hall, a full, true and
correct copy of the following: Ordinance No. 3569, passed by the
Bakersfield City Council at a meeting held on the 1st day of
December, 1993, and entitled:
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP 123-
22 BY CHANGING THE ZONING OF 5.14 ACRES
GENERALLY LOCATED AT THE NORTHEAST CORNER OF
ASHE AND HARRIS ROAD FROM A C-1 (NEIGHBORHOOD
COMMERCIAL) ZONE TO AN R-1 (ONE FAMILY
DWELLING) ZONE.
By:
/s/ CAROL WILLIAMS
City Clerk of the City of Bakersfield