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HomeMy WebLinkAboutORD NO 4116ORDINANCE NO. 4 ~ 1_ 6 AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO. 123-14) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM R-1 (ONE FAMILY DWELL- lNG) TO R-2-CH (LIMITED MULTIPLE FAMILY-CHURCH) ON 3.41 ACRES, R-I-CH (ONE FAMILY DWELLING-CHURCH) TO R-2 (LIMITED MULTIPLE FAMILY) ON 2.05 ACRES, AND R-1 TO R-2 ON .16 ACRES, LOCATED ADJACENT ON THE EAST SIDE OF AKERS ROAD, JUST NORTH OF WHITE LANE. (FILE# ZC 02-0837). 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 for certain property in the City of Bakersfield located adjacent on the east side of Akers Road, just north of White Lane (Exhibit "1"), and more specifically described in Exhibit "2"; and WHEREAS, for the above-described proposal, an Initial Study was conducted and it was determined that the proposed project would not have a significant effect on the environment, and, therefore, a Negative Declaration was prepared and posted on November 29, 2002, in accordance with CEQA; and WHEREAS, by Resolution No. 27-03 on Janaury 16, 2003, the Planning Commission recommended the adoption of an ordinance amending Title 17 of the Municipal Code to approve ZC 02-0837 as delineated on attached Zoning Map No. 123-14, marked Exhibit "1", and this Council has fully considered the Planning Commission's recommendation as set forth in that Resolution; and WHEREAS, the law and regulations relating to the preparation and adoption of Negative Declarations, as set forth in CEQA and the City of Bakersfield's CEQA Implementation Procedures, have been duly followed by city staff, the Planning Commission, and this Council; and WHEREAS, the general plan designation for the project site allows R-2-CH (Limited Multiple Family-Church ) and R-2 (Limited Multiple Family) development; and WHEREAS, the City Council has considered and hereby makes the following findings: 1. All above recitals are true and correct. The provisions of the California Environmental Quality Act have been met. The proposed project would not have a significant effect on the environment. The proposed project is consistent with the surrounding land uses. The proposed project is consistent with the Metropolitan Bakersfield 2010 General Plan. 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 711.4 of the State of California Department of Fish and Game Code. Additionally, the assumption of adverse effect is rebutted by the above-reference absence of evidence in the record and the Lead Agency's decision to prepare a Negative Declaration for this project. The Conditions of Approval, attached hereto as Exhibit "3", are necessary to provide for orderly development, and the public health, welfare and safety. SECTION 1. NOW, follows: THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as The above recitals and findings are true and correct and constitute the Findings of the Council, incorporated herein. The Negative Declaration for Zone Change No. 02-0837 is hereby adopted. 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 from R-1 (One Family Dwelling) to R-2-CH (Limited Multiple Family-Church) on 3.41 acres, R-l-CH (One Family Dwelling-Church) to R-2 (Limited Multiple Family) on 2.05 acres, and R-1 to R-2 on .16 acres of that certain property in said City, the boundaries of which property is shown on Zoning Map No. 123-14, marked Exhibit "1" attached hereto and made a part hereof, and more specifically described in attached Exhibit "2". That Zone Change No. 02-0837, as outlined above, is hereby subject to the Conditions of Approval as provided in Exhibit "3". The Planning Division of the Development Services Department is hereby directed to file a Notice of Determination with the County Clerk of Kern County, pursuant to the provisions of Section 21152 of the Public Resources Code and Section 15094 of the CEQA Guidelines adopted pursuant thereto and a Certificate of Fee Exemption pursuant to Section 711.4 (c)(2)(B) of the State of California Department of Fish and Game Code. 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 ......... 000 ......... ~ 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 March 12, 2003, by the following vote: AYES: COUNCIL MEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO NOES: COUNCIL MEMBER I ABSTAIN: COUNCIL MEMBER ABSENT: COUNCIL MEMBER APPROVED MAR lg Mayor PAMELA A. McCARTHY, C~IC CITY CLERK and Ex Officio Cl~fk of the Council of the City of Bakersfield APPROVED AS TO FORM: BART J. THILT, GEN ,, City Attorney , 3 ZONE CHANGE 02-0837 EXHIBIT 1 ZONING MAP IZ3-14 EXHIBIT 2 LEGAL DESCRZPTZON$ FOR ZONE CHANGE No, 02-083X All those portions of the Southwest quarmr of the Northeast quarter of said Sectto~ :[4, Township 30 ~:~th, P. ange 27 East, IVlount Diablo IVleddlan, In the OW of Bakersfield, County of Kern, Sta~e of California, more particularly described as follows: R-.~ to R-2 Commenting at the Southwest comer of said Southwest quarter; Said point also being the centerflne Intersection of Akers Road and Whlt~ Lane; Thence North 00°36'07" East along the West line of said Southwest quarter and the centedine of said Akers Road, a distance of 244.97 feet to the point of beginning; Thence (1) continuing North 00°36'07" East along said West line and said centedine, a distance of 30.04 feet to the North line of the, South 275.00 feet of said Southwest quarter; Thence (2) SotRh 89002'03" East along said North line and parallel to the South line of said Southwest quarter, a distance of 231.00 feet; Thence (3) South 00036'07" West parallel to the said West line, a distance of 30.06 feet to the South line of the North 417.00 feet of the West 231.00 feet of the Southwest quarter of the Southwest quarter of the Northeast quarter of said Saction 14; Thence (4) North 89°01'41" West along said South line, a distance of 231.00 feet to the point of beginning. Contains 6,942 square feet more or less. R-:I"CH bo R-2 The North 417.00 fee~ of the West 231.00 feet of the Southwest quarter of the Southwest quarmr of the Northeast quarter of said Section 14; Excepting therefrom the South 275.00 fee~ of t~e West 231.00 of the Southwest quarter of the Southwest quarter of the Northeast quarter of said Section 14. Contains 2.05 acres (89,387 square feet) more or less. R'.; to R-2-CH The Sou~h 225.00 feet of the Northwes~ quarter of the Southwest quarter of the No~heast quarter of said Section 14. Contains 3.41 acres (148,618 square feet) mom or less. L.S. 5332 EXHIBIT 3 ZONE CHANGE NO. 02-0837 CONDITIONS OF APPROVAL Along with submittal of any development plan, subdivision, or appliaction for a lot line adjustment, the following shall occur: 1.1. Completion of the full improvements for Akers Road, including sidewalk for the full frontage and a right turn lane at the project entrance, if required. Improvements shall be done in one segment. 1.2. Dedication of that portion of a City standard cul-de-sac bulb for Alum Avenue which would fall upon this property, or dedication and construction of Alum Avenue to connect with the existing portions of this street both east and west of the subject property. This is required based upon orderly development and the efficient provision of City services. Access to the collector street will be limited and determined at time of division or development. Development on the site shall be subject to the Traffic Impact Fee schedule in effect at the time of issuance of building permits. The entire area covered by the General Plan Amendment shall be included in the Consolidated Maintenance District. The developer shall pay all fees for inclusion of the entire area in the Consolidated Maintenance District with submittal of any development plan, tentative subdivision map, site plan review, or application for a lot line adjustment for any portion of this GPA area. Prior to issuance of a building permit, the developer shall construct a crash gate at the western end of Alum Avenue, just west of Real Road, from the north right-of-way line of Alum Avenue to the south right-of-way line of Alum Avenue. The design of the crash gate shall meet all City of Bakersfield standards and shall be approved by the City of Bakersfield Public Works Department. S:\GPA 4th Qtr 2002\02-083AEXHIBIT &DOC AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) SS. County of Kern ) PAMELA A. McCARTHY, 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 13th day of March , 2003 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4116 , passed by the Bakersfield City Council at a meeting held on the 12th day of March 2003 and entitled: AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO. 123-14) OF TITLE SEVENTEENOF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM R-1 (ONE FAMILY DWELLING) TO R-2 CH (LIMITED MULTIPLE FAMILY CHURCH) ON 3.41 ACRES, R-1 CH (ONE FAMILY DWELLING CHURCH) TO R-2 (LIMITED MULTIPLE FAMILY) ON 2.05 ACRES AND R-1 TO R-2 ON .16 ACRES, LOCATED ADJACENT ON THE EAST SIDE OF AKERS ROAD, JUST NORTH OF WHITE LANE (02-0837) /s/PAMELA A. McCARTHY City Clerk ofthe City of Bakersfield