HomeMy WebLinkAboutORD NO 4132ORDINANCE NO. 4 I 3 2
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO.
101-25 BY CHANGING THE ZONING FROM RS-SA
(RESIDENTIAL SUBURBAN 5 ACRES MINIMUM)TO E-14,000
(ESTATE-14,000 SQUARE FEET MINIMUM) ZONE ON 4.77
ACRES LOCATED ALONG THE WEST SIDE OF JEWETrA
AVENUE, APPROXIMATELY 250 FEET SOUTH OF
BIRCHHAVEN AVENUE. (GPA 03-0047) (Ward 4).
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 being annexed to the City of
Bakersfield located along the west side of Jewetta Avenue, approximately 250 feet south of
Birchhaven Avenue.
WHEREAS, by Resolution No. 62-03 on March 20, 2003, the Planning Commission
recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to
approve an E (Estate) 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, at the Planning Commission hearing, several surrounding property owners
spoke in opposition to the proposal and expressed concerns regarding the size of the lots and the
two-story height of the single family homes along the north property line of the project site; and
WHEREAS, the Planning Commission restricted the lot size of the project site to 14,000
square feet and restricted the height of the new homes to single-story along the north property line
of the project site; and
WHEREAS, one of the Planning Commissioners voted against the motion for the height
restriction; 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 RS-5A (Residential Suburban 5 acres minimum) to
an E-14,000 (Estate-14,000 square feet minimum per lot) 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
18, 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 E-14,000 (Estate-14,000 square feet minimum)
zone on 4.77 acres located west of Jewetta Avenue, approximately 250 feet south of
Birchhaven Avenue.
The project site, with prior approval of General Plan Amendment No. 03-0047, is
designated SR (Suburban Residential) on the Metropolitan Bakersfield General Plan
Land Use Plan.
The recommended zone change will reflect the previously adopted General Plan
Amendment No. 03-0047.
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. 03-0047.
10.
That Zone Change No. 03-0047 is hereby approved as recommended by staff with
mitigation measures adopted in the Negative Declaration.
11.
That Section 17.06.020 (Zoning Map) of the Municipal Code of the City of
Bakersfield be amended by changing the land use zoning to E-14,000 (Estate-
14,000 square feet minimum) zone on 4.77 acres on Map No. 101-25, of that certain
property in the City of Bakersfield as described in Exhibit "C" herein attached.
12.
That Zone Change No. 03-0047 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. 03-0047.
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 prior approval of General Plan Amendment No.
03-0047.
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.
I 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 JUN 1_ 1_ Z003, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER COUCH, CARSON, 95,N: ',A,;,~, MAGGARD, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER ~Oi~--.
COUNCILMEMBER
COUNCILMEMBER
PAMELA A. McCARTHY, CM~' ~
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED J~ 1 1 2003.// .,,
HARVEY L. HALL 4
MAYOR of the City of Bakersfield
APPROVED as to form:
BART THILTGEN
City Attorney
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EXHIBIT "A"
Conditions of Approval
General Plan Amendment/Zone Change No. 03-0047
Cultural Resources:
1. 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).
Plannin§ Commission Conditions:
2. The minimum lot size shall be 14,000 square feet on the project site. (Condition).
3. There shall be a restriction to single-story for the homes developed along the north property line
of the project site. (Condition).
City Council Condition:
4. The development of the site shall not have an east-west street along the north property line of
the project site.
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S:\GPA 1st 2003\03-0047~Adrnin S~\EXHIBIT A.doc
EXHIBIT "B"
Location Map
ZONE CHANGE 03-0047
R-S-5^ TO E(14,000]
EXHIBIT "C"
Legal Description
Legal Description
THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 29
SOUTH, RANGE 26 EAST, M.D.M., 1N THE UNINCORPORATED AREA OF THE
COUNTY OF KERN, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEING PARCEL 1 OF PARCEL MAP NO. 4244 IN THE UNINCORPORATED COUNTY OF
KERN, STATE OF CALIFORNIA, AS EVIDENCED BY THAT CERTAIN CERTIFICATE
RECORDED NOVEMBER 2, 1977, IN BOOK 19 OF PARCEL MAPS AT PAGE 130.
CONTAINING 4.77 ACRES 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. 4132 , 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. 101-25 BY CHANGING THE ZONING FROM
RS-5A (RESIDENTIAL SUBURBAN - 5 ACRES
MINIMUM), E-14,000 (ESTATE-14,000 SQUARE FEET
MINIMUM), ZONE ON 4.77 ACRES LOCATED ALONG
THE WEST SIDE OF JEWETTA AVENUE,
APPROXIMATELY 250 FEET SOUTH OF BIRCHHAVEN
AVENUE. (03-0047)
/si PAMELA A. McCARTHY
City Clerk of the City of Bakersfield