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
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~ 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