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HomeMy WebLinkAboutORD NO 3561ORDINANCE NO. 3 5 6 1 AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 104-11 BY CHANGING THE ZONING OF 23.03 ACRES GENERALLY LOCATED NORTH OF HIGHWAY 178 AND EAST OF THE NORTHERLY EXTENSION OF MIRAMONTE DRIVE FROM AN A (AGRICULTURE) ZONE TO AN R-1 (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 north of Highway 178 and east of the northerly extension of Miramonte Drive; and WHEREAS, by Resoiution No. 41-93 on June 3, 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 A (Agriculture) zone to an R-1 (One Family Dwelling) zone on 23.03 -+ acres as delineated on attached Zoning Map No. 104-11 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 A (Agriculture) 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 was advertised and posted on May 11, 1993, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows low density residential development; and WHEREAS, upon appeal, the City Council has upheld the Planning Commission's recommendation; and WHEREAS, the City Council has considered and hereby makes the following findings: All required public notices have been given. ORIGINAL 2. The provisions of CEQA have been followed. 3. That proposed Zone Change No. 5415 is consistent with the Metropolitan Bakersfield 2010 General Plan. 4. The proposed zoning will not have a significant adverse effect on the environment. 5. Conditions of approval attached to the project as Exhibit "C" 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: 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 Zoning Map No. 104-11 marked Exhibit "A" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "B". 4. Such zone change is hereby made subject to the conditions of approval listed in attached Exhibit "C". 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. .......... O00 ......... OAIGINAL 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 $Fp Z Z Lq~3 , by the following vote: ,'ES' COUNCILME"~ 'L I ~ ~' :; ;V~,\RDS, D.:MOND, SMITH, BRUNNI, ROWLES, SALVAGG/O '~DES: COUNCILk'!Li: :';'~ : A,.) FJ F'7 .~. ~BSTAIN: COUNCIL~EN,~.:I:';~, ~ (P/'3 ~ ~,BSENT: COUNCILMEMBERS-- F-T'~E_ ~ t~O ~,...~ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED SFP Z Z 1~ BOB MAYOR of the City of Bakersfield APPROVED as to form: LAWRENCE M. LUNARDINI CITY ATTORNEY of the City of Bakersfield DR:pjt August 27, 1993 res\o5415.cc ORIGINAL ZONING MAP I©q -ii SEC II EXHIBIT "B" Legal Description Zone Change No. 5415 FROM AN A (AGRICULTURE) ZONE TO AN R-1 (ONE FAMILY DWELLING) ZONE: All that portion of Section 11, Township 29 South, Range 29 East, M.D.B.&M., in the City of Bakersfield, County of Kern, State of California, as per the Official Plat thereof on file in the Office of the Surveyor General, lying northerly of Highway 178, described as follows: Commencing at the southwest corner of Section 11, Township 29 south, Ranch 29 east, M.D.B.&M., in the County of Kern, State of California; THENCE north 00025'38" west on and along the westerly line of said Section 11, a distance of 55.22 feet to the northerly line of State Highway 178 and the True Point of Beginning; THENCE continuing north 00025'38" west on and along said westerly line of Section 11, a distance of 1,454.58 feet; THENCE south 70°14'40" east, 21.47 feet; THENCE south 62°19'09" east, 164.94 feet; THENCE south 41o33'37" east, 559.95 feet; THENCE south 35038'06" east, 154 feet: THENCE north 69°17'25" east, 355.70 feet; THENCE south 77o52'34" east, 282.20 feet; THENCE south 40o59'53" east, 338.01 feet; THENCE south 69o17'25" west, 716.88 feet; THENCE south 20042'35" east, 85.00 feet; THENCE south 69017'25" west, 862.20 feet, more or less to the True Point of Beginning. Contains 23.03 acres. p:5415.ec ORIGINAL (Prepared- DR) EXHIBIT "C" Conditions of Approval Zone Change No. 5415 Recommended Mitigation Measures o o o o 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 applicant must, prior to ground disturbance, follow the Advisory Notice, detailing the Interim Mitigation Measures established for the Metropolitan Bakersfield Habitat Conservation Plan. Potential kit fox dens on the project site shall be identified by a kit fox clearance survey and be carefully excavated under the supervision of a qualified biologist prior to grading and construction operations, in accordance with the provisions of the Metropolitan Bakersfield Habitat Conservation Plan and the state and federal guidelines. Surveys for the Blunt-Nosed Leopard Lizard shall be conducted prior to ground disturbance according to the California Depa, tment of Fish and Game guidelines in order to determine if the lizard is present. If the lizard is found, the applicant shall provide authorization to proceed from CDFG to the City Planning Depa~ tment. All material excavated or graded shall be sufficiently watered to prevent excessive amount of dust. Watering will occur at least twice a day with complete coverage, preferably in the late morning and after work is done for the day. All material transported off-site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. The applicant shah enter into an agreement with the city to indemnify and defend it against a challenge to any action of the city upon the application. Prior to the issuance of a building permit within the project area, $3.366 per square foot of assessable space shall be paid for the purpose of providing school facilities. p:5415.ea ORIGINAL (Prepared- DR) 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 24th day of September, 1993 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3561, passed by the Bakersfield City Council at a meeting held on the 22nd day of September, 1993, and entitled: AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 104-11 BY CHANGING THE ZONING OF 23.03 ACRES GENERALLY LOCATED NORTH OF HIGHWAY 178 AND EAST OF THE NORTHERLY EXTENSION OF MIRAMONTE DRIVE FROM AN A (AGRICULTURE) ZONE TO AN R-1 (ONE FAMILY DWELLING) ZONE. By: /s/ CAROL WILLIAMS City Clerk of the City of Bakersfield