HomeMy WebLinkAboutRES NO 41-97RESOLUTION NO. 4 1 - 9 7
A RESOLUTION MAKING FINDINGS, APPROVING
NEGATIVE DECLARATION AND DENYING AN APPEAL
BY THE APPLICANT, BERCAMP PARTNERS, OF
PLANNING COMMISSION DECISION DENYING AN
AMENDMENT TO TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP
122-03 BY CHANGING THE ZONING OF 12.38 ACRES
GENERALLY LOCATED AT THE SOUTHWEST CORNER
OF STOCKDALE HIGHWAY AND RENFRO ROAD.
WHEREAS, in accordance with the procedure set forth in the provisions of
Title 17 of the Municipal Code of the City of Bakersfield, the City Council held public
hearings on a petition to change the land use zoning of those certain properties in the City of
Bakersfield generally located at the southwest corner of Stockdale Highway and Renfro Road;
and
WHEREAS, by Resolution No. 2-97 on January 16, 1997, the City Council
recommended adoption of a Negative Declaration and disapproval of an ordinance amending
Title 17 of the Municipal Code to approve a change from One Family Dwelling - 6,000 square
feet per dwelling unit) to Multiple Family Dwelling - 2,500 square feet lot area per dwelling
unit (R-2) zoning as delineated on attached Zoning Map No. 122-03 marked Exhibit "B", by
this Council and this Council has fully considered the recommendations made by the Planning
Commission as set forth in that Resolution; and
WHEREAS, the City Council, as a result of said hearing, did make several
general and specific findings of fact which warranted a negative declaration of environmental
impact and disapproval of a change in zoning of the subject property from R-1 (One Family
Dwelling) to R-2 (Limited multiple Family Dwelling), 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 mitigations was advertised and posted
on July 26, 1996 in accordance with CEQA; and
WHEREAS, the decision of the Planning Commission was appealed by Mr.
John Sarad on behalf of the applicant, Bercamp Partners; and
findings:
WHEREAS, the City Council has considered and hereby makes the following
-2-
1. All required notices have been given.
2. The provisions of the California Environmental Quality Act (CEQA)
have been followed.
environment.
The proposed project will not have a significant effect on the
4. The proposed R-2 zoning classification permitting multiple family
residential development is inconsistent with the character and density of existing and projected
residential development in the surrounding vicinity,
5. The proposed zoning is inconsistent with the policies and standards of
the Metropolitan Bakersfield General Plan.
6. Based on the absence of evidence in the record as required by Section
21082.2 of the State of California Public Resources Code (CEQA) for the purpose of
documenting significant effects, it is the conclusion of the Lead Agency that this project will
result in impacts that fall below the threshold of significance with regard to wildlife resources
and, therefore, must be granted a "de minimis" exemption in accordance with Section 711 of
the State of California Fish and Game Code. Additionally, the assumption of adverse effect is
rebutted by the above-referenced absence of evidence in the record and the Lead Agency's
decision to prepare a Negative Declaration for this project.
7. The appeal of the Planning Commission decision by Bercamp Parmers
was duly considered.
NOW, THEREFORE, BE IT RESOLVED AND FOUND 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. That the requested amendment to Section 17.06.020 (Zoning Map) of the
Municipal Code of the City of Bakersfield changing the land use zoning of that certain
property in said City, the boundaries of which property are shown on Zoning Map No. 122-03
marked Exhibit "B" attached hereto, and more particularly described in attached Exhibit "C",
be denied.
3. The appeal by BERCAMP Partners is denied.
......... 000 ........
I HEREBY CERTIFY that the foregoing Resolution was passed and
adopted by the Council of the City of Bakersfield at a regular meeting thereof held on
~l~ ~ ! .1~7 , by the following vote:
AYES: COUNCILMEMBER DeMOND, CARSON, ~MI1N, ~ ROWrES, BULUVAN, SALVAGGIO
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
CITY CLERK and Ex Officio~lerk of the
Council of the City of Bakersfield
APPROVED
B~'B PRICE
MAYOR of the City of Bakersfield
APPROVEDasto~rm:
JUDYSKOUSEN
CITY ATI'ORNEY
MJM:pjt
February 25, 1997
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ZONING MAP 122-03
SEC 03 T ~Os R 26£.
LEGEND
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EXHIBIT "C"
Zone Change Case No. P96-0543
FROM R-1 (ONE FAMILY DWELLING) TO R-2 (LIMITED MULTIPLE FAMILY
DWELLING) ZONE:
All that portion of the northeast quarter of Section 3, Township 30 South, Range 26 East,
M.D.B.&M., Cify of Bakersfield, County of Kern, State of California, described as follows:
Beginning at the northeast comer of said Section 3;
THENCE, S 00°55'21" west, 656.03 feet along the easterly line of said Section 3, (also
known as the centerline of Renfro Road);
THENCE (1) N 89°04'39" west, 182.30 feet;
THENCE (2) N 00°55'21" east, 278.20 feet;
THENCE (3) N 89004'39" west, 971.94 feet;
THENCE (4) S 00°55'21" west, 139.10 feet;
THENCE (5) N 89004'39" west, 157.30 feet;
THENCE (6) N 00055'22" east, 507.33 feet to the northerly line of said Section 3, (also
known as the centerline of Stockdale Highway);
THENCE S 89°29'48" east, 1311.57 feet to the point of beginning for this description;
EXCEPTING that portion within the existing right-of-way of Stockdale Highway.
Contains 11.48 acres.
p:z0543-ec