HomeMy WebLinkAboutORD NO 41314131
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO.
101-35 BY CHANGING THE ZONING FROM R-S 2.5A
(RESIDENTIAL SUBURBAN - 2.5 ACRES MINIMUM), E
(ESTATE), C-2 (REGIONAL COMMERCIAL), M-2 (GENERAL
MANUFACTURING), AND A (AGRICULTURE) TO AN R-I
(ONE FAMILY DWELLING) ZONE ON 27.91 ACRES
LOCATED GENERALLY NORTH OF HOSKING AVENUE,
WEST OF SOUTH UNION AVENUE. (GPA 03-0002) (Ward 7).
WHEREAS, in accordance with the procedures as 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 being annexed to the City of
Bakersfield located generally north of Hosking Avenue, generally west of South Union Avenue.
WHEREAS, by Resolution No. 52-03 on March 20, 2003, the Planning Commission
recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to
approve an R-1 (One Family Dwelling) zone as delineated on attached map marked Exhibit"B", 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 headng, 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 RS-2.5A (Residential Suburban - 5 acres minimum),
E (Estate), C-2 (Regional Commercial), M-2 (General Manufacturing), and A (Agriculture) 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 for the proposal was advertised and posted on February
21,2003, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows single family residential
development; and
WHEREAS, the City Council has considered and hereby makes the following findings:
The above recitals and findings are true and correct and constitute the findings of the
Planning Commission in this matter.
2. All required notices have been given.
The provisions of the California Environmental Quality Act (CEQA) have been
followed.
Based on the initial study and comments received, staff has determined that the
proposed project could not have a significant effect on the environment. A Negative
Declaration was prepared and sent to responsible agencies and property owners
within 300 feet of the project site. A Negative Declaration was prepared for this
project in accordance with CEQA.
The public necessity, general welfare and good zoning practice justify the
recommended change of zone to an R-1 (One Family Dwelling)zone on 27.91 acres
located generally north of Hosking Avenue, west of South Union Avenue.
The project site, with prior approval of General Plan Amendment No. 03-0002, is
designated LR (Low Density Residential) on the Metropolitan Bakersfield General
Plan Land Use Plan.
The recommended zone change will reflect the previously adopted General Plan
Amendment No. 03-0002.
8. The recommended zone change is compatible with the surrounding uses.
The recommended zone change is consistent with the Metropolitan Bakersfield
General Plan, subject to prior approval of General Plan Amendment No. 03-0002.
10.
That the applicant by pdor agreement agreed to comply with all adopted mitigation
measures contained within the Negative Declaration for this project.
11.
That Zone Change No. 03-0002 is hereby approved as recommended by staff with
mitigation measures adopted in the Negative Declaration.
12.
That Section 17.06.020 (Zoning Map) of the Municipal Code of the City of
Bakersfield be amended by changing the land use zoning R-1 (One Family Dwelling)
zone on 27.91 acres on Map No. 124-30, of that certain property being annexed to
the City of Bakersfield as described in Exhibit "C" herein attached.
13.
That Zone Change No. 03-0002, as outlined above, is hereby recommended for
approval with mitigation and conditions of approval shown on Exhibit "A', subject to
prior approval of General Plan Amendment No. 03-0002.
SECTION 1.
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.
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 the City, the boundaries of which property is shown on the map marked
Exhibit "B" attached hereto and made a part hereof, and are more specifically
described in attached Exhibit "C".
Such zone change is hereby made subject to the conditions of approval listed in
attached Exhibit "A", and subject to pdor approval of General Plan Amendment No.
03-0002.
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.
......... 000 ........
I HEREBY CERTIFY that the foregoing Ordinance wa,sJ3lla~sie~ and adopted by the Council
of the City of Bakersfield at a regular meeting thereof held on ?[~03, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER COUCH, CARSON,-I~e~INAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER J"J
COUNClLMEMBER hJ O~J~.
COUNCILMEMBER
PAMELA A. McCARTHY, CMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
JUN 1 1 2003
I~ARV~'Y ~.. H~,[.L! ·
MAYOR of the City of' Bakersfield
APPROVED as to form:
BART THILTGEN
City Attomey -- ?
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EXHIBIT "A"
Conditions of Approval
General Plan Amendment/Zone Change No. 03-0002
Cultural Resources:
If human remains are discovered at any time on the project site, work shall halt and the Kern
County Coroner shall be notified immediately (Section 7050.5 of the Health and Safety Code).
In the absence of an archaeological monitor, a qualified archaeologist and the local Native
American community, shall be notified. If any other archaeological artifacts are discovered
during site development, all work shall stop until the find has been evaluated by a qualified
archaeologist or historian. (Mitigation Measure).
PlanninR Department:
The applicantJdeveloper of the project site shall construct a six foot high masonry block wall
between the project site and the M-2 (General Manufacturing) zoned property, which is located
at the northwest corner of Hosking Avenue and South Union Avenue. (Condition).
Public Works Department:
Along with submittal of any development plan, tentative subdivision map, or application for a lot
line adjustment, the following shall occur:
Provide fully executed dedication for Union Avenue and Hosking Avenue to artedal
standards for the full frontages of the area within the GPA and AC request. Dedications
shall include sufficient widths for expanded intersections and additional areas for
landscaping as directed by the City Engineer. Submit a current title report with the
dedication documents.
Submit a comprehensive drainage study to be submitted to and approved by the City
Engineer. Site any drainage retention facility on the periphery of the GPA area to
facilitate future expansion or consolidation of drainage
Submit verification to the City Engineer of the existing sewer system capability to accept
the additional flows to be generated through development under the new land use and
zoning.
d. Payment of median fees for the frontage of the property within the GPA request. These fees
may be paid prior to recordation of any map or approval of improvement plans.
(Condition).
Access to the arterial and collector streets will be limited and determined at time of division or
development. Determination of whether a right turn lane is require at the access streets(s) will
also be made at the time of division or development. A full access opening will only be
considered if the developer funds and installs a traffic signal at the site entrance. Said signal will
only be permitted if a signal synchronization study is submitted and approved, which shows
progression is not adversely affected.
Conditions of Approval
GPNZC 03-0002
Page 2
Developer on site shall be subject to the Phase II Regional Traffic Impact Fee. (Condition).
The entire area covered by this GPA and ZC request shall be included in the Consolidated
Maintenance District. The applicant shall pay all fees for inclusion 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 and ZC ama.
(Condition).
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EXHIBIT "B"
LOCATION MAP
ZONE CHANGE 03-0002
T
EXHIBIT
ZONING MAP
EXHIBIT "C"
LEGAL DESCRIPTION
LEGAL DESCRiPTiONS
FOR ZONE CHANGE 03-0002
C-2 to R-1
All that portion of Parcel 1 of Parcel Map No. 3401 recorded in Book 18 of Parcel Maps
at Page 58 in the office of the Kern County Recorder, also being a portion of the
Southeast quarter of Section 30, Township 30 South, Range 28 East, Mount Diablo
Meridian, in the County of Kern, State of California, more particularly described as
follows:
Commencing at the Southeast corner of said Section 30, also being the centerline
intersection of Hosking Road and South Union Avenue; Thence North 00°01'45'' East
along the centerline of said South Union Avenue, a distance of 1103.40 feet to t~e
centerline intersection of said South Union Avenue and Archer Avenue; Thence South
89058"05'' West along said centerline of Archer Avenue, a distance of 57.75 feet to a
point on the West Right-of-Way line of said South Union Avenue and the point of
beginning;
Thence (1)
continuing South 89°58'05" West along said centerline, a distance of
125.00 feet to an angle point in the boundary line of said Parcel 1;
Thence (2)
North 00001'45" East along the boundary line of said Parcel 1, a distance
of 20.00 feet to the North line of said Parcel 1;
Thence (3)
North 89°58'05' East along said North line, a distance of 125.00 feet to
the Northeast corner of said Parcel 1, also being a point on the West
Right-of-Way line of said South Union Avenue;
Thence (4)
South 00°01'45" West along said West Right-of-Way line, a distance of
20.00 feet to the point of beginning.
Contains 2,500 square feet more or less.
M-2 to R-1
All those portions of Parcels I and 4 of Parcel Map No. 3401 recorded in Book 18 of
Parcel Maps at Page 58 in the office of the Kern County Recorder, also being a portion
of the Southeast quarter of Section 30, Township 30 South, Range 28 East, Mount
Diablo Meridian, in the County of Kern, State of California, more particularly described as
follows:
Commencing at the Southeast corner of said Section 30, also being the centerline
intersection of Hosking Road and South Union Avenue; Thence North 00°01'45" East
along the centerline of said South Union Avenue, a distance of 1103.40 feet to the
centerline intersection of said South Union Avenue and Archer Avenue; Thence South
89°58"05'' West along said centerline of Archer Avenue, a distance of 57.75 feet to a
Page i of 3
point on the West Right-of-Way line of said South Union Avenue and the point of
beginning;
Thence (1)
South 00001'45" West along said West Right-of-Way line, a distance of
441.57 feet to the Southeast corner of said Parcel 1;
Thence (2)
South 89058'35" West along the South line of said Parcels 1 and 4, a
distance of 280.00 feet;
Thence (3)
North 00001'45" East parallel to the centerline of said South Union
Avenue, a distance of 441.53 feet to the centerline of said Archer Avenue,
also being the North lines of said Parcels 1 and 4;
Thence (4)
North 89058'05" East along said centerline and said North lines, a
distance of 280.00 feet to the point of beginning.
Contains 2.84 (123,634 square feet) acres more or less.
RS-2.5A and E to R-1
All those portions of Parcels 2, 3 and 4 of Parcel Map No. 3401 recorded in Book 18 of
Parcel Maps at Page 58 in the office of the Kern County Recorder, also being a portion
of the Southeast quarter of Section 30, Township 30 South, Range 28 East, Mount
Diablo Meridian, in the County of Kern, State of California, more particularly described as
follows:
Commencing at the Southeast corner of said Section 30, also being the centerline
intersection of Hosking Road and South Union Avenue; Thence North 00001'45'' East
along the centedine of said South Union Avenue, a distance of 1103.40 feet to the
centerline intersection of said South Union Avenue and Archer Avenue; Thence South
89058"05'' West along said centerline of Archer Avenue, a distance of 182.75 feet to the
point of beginning;
Thence (1)
continuing South 89058'05'' West along said centerline, a distance of
155.00 feet;
Thence (2)
South 00001'45" West parallel to said centerline of South Union Avenue, a
distance of 441.53 feet to the South line of said Parcel 4;
Thence (3)
South 89058'35" West along the South lines of said Parcels 3 and 4, a
distance of 981.37 feet to the Southwest corner of said Parcel 3;
Thence (4)
North 00°01'55'' East along the West lines of said Parcels 3 and 2, a
distance of 661.39 feet to the Northwest corner of said Parcel 2;
Thence (5)
North 89058'05" along the North line of said Parcel 2, a distance of
990.00 feet to an angle point in the boundary line of said Parcel 2;
Page 2 of 3
Thence (6) South 00001'55" West along the boundary line of said Parcel 2, a distance
of 200.00 feet;
Thence (7)
North 89058'05'' East continuing along the boundary line of said Parcel 2,
a distance of 146.35 feet;
Thence (8)
South 00001'45" West parallel to the centerline of said South Union
Avenue, a distance of 20.00 feet to the point of beginning.
Contains 15.01 acres (653,956 square feet) more or less.
A to R-1
The West half of Lot 32 of the Berkshire Farm Tract recorded in Map Book 1 at Page 3,8
in the office of the Kern County Recorder, also being a portion of the Southeast quarter
of Section 30, Township 30 South, Range 28 East, Mount Diablo Meridian, in the County
of Kern, State of California, more particularly described as follows:
Commencing at the Southeast corner of said Section 30, also being the centerline
intersection of Hosking Road and South Union Avenue; Thence South 89°59'05'' West
along the centerline of said South Hosking Road, a distance of 659.57 feet to the
Southeast corner of the West half of said Lot 32 and the point of beginning;
Thence (1)
continuing South 89059'05" West along said centerline, a distance of
659.58 feet to the Southwest corner of the West half of said Lot 32;
Thence (2)
North 00001'55" East along the West line of said Lot 32, a distance of
661.63 feet to the Northwest corner of the West half of said Lot 32;
Thence (3)
North 89°58'35" East along the North line of the West half of said Lot 32,
a distance of 659.56 feet to the Northeast corner of the West half of said
Lot 32;
Thence (4)
South 00001'50' West along the East line of the West half of said Lot 32,
a distance of 661.72 feet to the point of beginning.
Contains 10.02 acres (436,422 square feet) more or less.
Page 3 of 3
LEGAL DESCR.TPTLON
Parcels 1, 2, 3 and 4 of Parcel klap No. 3401 recorded in Book 18 of Parcel ~laps at Page 58 in
the o~ce of the Kern County Recorder together with the West half of Lot 32 of the Berkshire
Farm Tract recorded in I~ap Book i at Page 38 in the ofl~ce of the Kern County Recorder. Also
being a portion of the Southeast quarter of Section 30, Township 30 South, Range 28 East,
f4ount Diablo I~leddian, in the City of 8ake~t~eld, County of Kern, State of California, more
particularly described as follows:
Commencing at the Southeast corner of said Section 30, also being the centerline intersection of
Hosking Road and South Union Avenue; Thence North 00°01'45" East along the centedine of said
South Union Avenue, a distance of 661.58 feet; Thence South 89°58"35" West along the easterly
prolongation of the South line of said Parcel 1, a distance of 57.75 feet to a point on the West
Right-of-Way line of said South Union Avenue, also being the Southeast comer of said Parcel. 1
and the point of beginning',
Thence (1) continuing South 89°58'35" West along the South lines of said Parcels 1 and 4, a
distance of 601.86 feet to the Northeast corner of the West half of Lot 32 of said
Berkshire Farm Tract.
Thence (2) South 00°01~34'' West along the East line of said West half of Lot 32, a distance
of 661.54 feet to the Southeast corner of said West half of Lot 32;
Thence (3) South 89059'05" West along the South line of said West half of Lot 32, a distance
of 659.58 feet to the Southwest corner of said West half of Lot 32. Said South
line also being the centerline of Hosking Avenue;
Thence (4) North 00001'55" East along the West lines of said West half of Lot 32 and Parcels
2 and 3 of said Parcel IVlap No. 3401, a distance of 1322.83 feet to the Northwest
corner of Parcel 2 of said Parcel I~ap No. 340].;
Thence along the poundar,/line of said Parcel 2 the following three courses;
(5) North 89°58'05'' East along the North line of said Parcel 2, a distance of 990.00
feet
(6)
(7)
Thence (8)
South 00°01'55" West, a distance of 200.00 feet;
North 89058'05'' East, a distance of 271.35 to a point on the West Right-of-Way
line of said South Union Avenue, also being the Northeast corner of said Parcel
2;
South 00001'45'' West along said West Right-of-Way line and the East lines of
said Parcels 1 and 2, a distance of 46]..57 feet to the point of beginning.
Contains 27.92
acres gross more or less.
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 12th day of June , 2003 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4131 , passed by the
Bakersfield City Council at a meeting held on the 11th day of June 2003 and
entitled:
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND ZONING
MAP NO. 101-35 BY CHANGING THE ZONING FROM R-
S 2.5A (RESIDENTIAL SUBURBAN - 2.5 ACRES
MINIMUM), E (ESTATE), C-2 (REGIONAL
COMMERCIAL), M-2 (GENERAL MANUFACTURING),
AND A (AGRICULTURE) TO AN R-1 (ONE FAMILY
DWELLING) ZONE ON 27.91 ACRES LOCATED
GENERALLY NORTH OF HOSKING AVENUE, WEST OF
SOUTH UNION AVENUE. (03-0002)
/s/PAMELA A. McCARTHY
City Clerk of the City of Bakersfield