The URL can be used to link to this page

Home My WebLink AboutORD NO 4120ORDINANCE NO. __ AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO. 123-20) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM A-20A (AGRICULTURE-20 ACRE LOT SIZE) TO R-1 (ONE FAMILY DWELLING) ON 40.88 ACRES GENERALLY LOCATED AT THE SOUTHEAST CORNER OF PACHECO ROAD AND OLD RIVER ROAD (FILE #03-0016) 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 southeast corner of Pacheco Road and Old River Road. WHEREAS, by Resolution No. 43-03 on March 6, 2003 the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change 03-0016 as delineated on attached Zoning Map No. 123-20 marked Exhibit "C", 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 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-20A (Agriculture-20 acre minimum lot size) to R-1 (One 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 was advertised and posted on February 12, 2003 in accordance with CEQA; and WHEREAS, the general plan designation for this area is Low Density Residential and allows residential development consistent with the proposed R-1 zone classification; and findings: WHEREAS, the City Council has considered and hereby makes the following All required public notices have been given The provisions of the California Environmental Quality Act (CEQA) have been followed. The public necessity, general welfare and good zoning practice justify the requested change of zone from the existing zoning district to R-1 (One Family Dwelling) zone. 1 4. Condition of approval Number 3, attached hereto in Exhibit "A" is needed to mitigate the potential impact to archaeological resources; and The surrounding area is proposed for urban residential development. as follows: 1. 2. SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield All of the foregoing recitals are hereby found to be true and correct. 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. 123-20 marked Exhibit "C" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "D ". 4. Such zone change is hereby made subject to the conditions of approval listed in attached Exhibit "A" and shown on the vicinity map attached as Exhibit B. 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 ......... the I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by Council of the City of Bakersfield at a regular meeting thereof held on APR $ 0 Z003 by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER ~ COUNC~LMEMBER ~ COUNCILMEMBER ~'~1'"-.~ PAMELA A. McCARTHY, C~C CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED APR 3 0 2003 HARVlSY~.. HALF - /' Mayor of the City of Bat~ersfield APPROVED as to form BART J, THILTGEN City Attorney/ LP/S:~Zone Change\03-0016\CC ord.WPD 3 EXHIBIT "A" ZONE CHANGE 03-0016 CONDITIONS OF APPROVAL PLANNING 1. Access to Old River Road will be limited and will be determined at time of development or division. For full access intersections, the subdivider/developer shall install a traffic signal. (Public Works Department) 2. Provide a retention basin for the site on the periphery of the zone change area, to be located as directed by the City Engineer to facilitate combining retention basins as adjacent areas are developed. (Public Works Department) 3. If during construction activities or ground disturbance, cultural resources are uncovered, the subdivider shall stop work and retain a qualified archeologist for further study. Subdivider shall notify the proper authorities and be subject to any mitigation measures required of the archeologist. (Recommendation of archaeological study prepared by Hudlow Cultural Resources, dated January 2003). S:t. ZoneChange~)3-OO16~sub-c~n. DOC March 20, 2003 OZ-£Zl d~ ONINOZ ; FXHIRIT C I EXHIBIT D LEGAL DESCRIPTION Zone Change from A 20Ato R-1: Lots 4 and 5 of Section 20, Township 30 South, Range 27 East, MDB & M, in the City of Bakersfield, County of Kern, State of California, as per the Sales Map of Lands of Kern County Land Company, recorded May 28, 1892, in the office of the County Recorder of said Contains approximately 40 acres. 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 1st day of May , 2003 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4120 , passed by the 30th day of April 2003 and Bakersfield City Council at a meeting held on the entitled: AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO. 123-20) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNCIIPAL CODE BY CHANGING THE ZONING FROM A-20A (AGRICULTURE-20 ACRES LOT SIZE ) TO R-1 (ONE FAMILY DWELLING) ON 40.88 ACRES GENERALLY LOCATED AT THE SOUTHEAST CORNER OF PACHECO ROAD AND OLD RIVER ROAD (FILE 03-0016). /s/PAMELA A. McCARTHY City Clerk of the City of Bakersfield PLANNING COMMISSION OF THE CITY OF BAKERSFIELD MINUTES OF MARCH 6~ 2003 - 5:30 p.m. Council Chambers, City Hall, 1501 Truxtun Avenue ROLL CALL ~ rs Blockle Ellison, Gay, McGinnis, Tragish, Tkac, Present: ~em ~ss~o~e Y, Absent: nyse nnaro, Stanley Grady, Marian Shaw, Jack Leonard Advisory Members: Gin Staff: Jim Mov~Pam Townsend PLEDGE OF ALLEGIANCE:\ '" FOR YOUR PUBLIC STATEMENTS: None INFORMATION CONSENT CALENDAR: 4.1 Non-Public Hearing Items 4.18 Approval of minutes 4.1 b Approval of correction to Plannin(. 4.1c Approval of General Plan C Drive in buffer area west of t (City of Bakersfield). Motion was made by Commissioner approve the non-public hearing portion of the vote. meetings of February 6, 2003. minutes of December 19, 2002. for vacation of Camino Grande ~ China Grade Sanitary land fill site. (Ward 3) seconded by Commissioner BIockley, to tsent Calendar. Motion carried by group 4.2 Public Hearing Items 4.28) Approval of Vestinq Tentative Tract Map 6152 (Porter-Robertson Eng) (Ward 6) Mlnutes~ PC~ March 6~ 2003 Page 2 4.2b) Approval of Vesflnq Tentativ~ Tract MaD 6168 (SmithTech USA, Inc) (Ward 2) 4.2c) Approval of Zone Chanqe 03-0016 (SmithTech USA, Inc) (Ward 6) 4.2d) Approval o~ Vestinq Tentative Tract 6167 (SmithTech USA, Inc) (Ward 6) 4.2e) Approval of'~one Chanqe 03-0017 (Dave Cross, Architect) (Ward 5) Public portion of the hearing opened. Commissioner Tragish requested that item 4.2d be removed from the Consent Agenda. Public portion of the hearing closed. There were no further comments from the public or Commission. Motion was made by Commissioner Tragish, seconded by Commissioner McGinnis, to approve the remaining items on the public hearing portion of the Consent Calendar. Motion carried by group vote. PUBLIC 5.1 ) Vestir Staff stated that there i: Public portion of the h< continuance. Motion made by Tentative Parcel Map 10948 AYES: Commissioner NOES: None ~ Tract Maps Tract I~ (Ward 6) request from the applicant to continue this item until April 3, 2003. opened. No one spoke either for or against the request for Gay, seconded by Commissioner Ellison, to continue item 5.1 April 3, 2003. Motion carried bythe following roll call vote: EIlison, Gay, McGinnis, Tragish, Tkac A~E~: None 5.2) Staff stated that there is a request Public portion of the hearing opened. continuance. Motion made by Commissioner McGinnis, 5.2 Tentative Parcel Map AYES: Commissioner Blockley, Ellison, ( NOES: None , Inc) (Ward 4) ~ continue this item until Apdl 3, 2003. one spoke either for or against the request for by Commissioner Tragish, to continue item Motion carried by the following roll call vote: McGinnis, Tragish, Tkac ABSENT: None