Loading...
HomeMy WebLinkAboutORD NO 4127ORDINANCE NO. 4 1 ~ ~ AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 AND ZONING MAP NO.104-15 OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM R-2 (LIMITED MULTIPLE-FAMILY DWELLING) TO R-I (ONE FAMILY DWELLING) ON 20.70 ACRES GENERALLY LOCATED ONE-HALF MILE SOUTH OF STATE ROUTE-178 ALONG THE EAST SIDE OF MIRAMONTE DRIVE (EXTENDED). (FILE #02-1144) 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 one-half mile south of State Route-178 along the east side of Miramonte Drive (extended); and WHEREAS, by Resolution No. 58-03 on March 20, 2003, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve R-1 zoning as delineated on attached Zoning Map No. 104-15 marked Exhibit "2", 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 R-2 to R-1 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 Mitigated Negative Declaration was advertised and posted on February 21,2003, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows urban development; and WHEREAS, the City Council has considered and hereby makes the following findings: 1. All required public notices have been given. 2. The provisions of the California Environmental Quality Act have been followed. Mitigation Measures shown on Exhibit No. "1" are included in the project to ameliorate impacts. The proposed project is consistent with the surrounding land uses. The proposed project is consistent with the Metropolitan Bakersfield General Plan. The public necessity, general welfare and good planning practices justify the amendment to Title Seventeen of the Municipal Code and Zoning Map No. 104- 15. 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 of the Sate of California 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. SECTION 1. NOW, follows: 1. 2. 3. THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as All of the foregoing recitals are hereby found to be true and correct. The Mitigated 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 said City, the boundaries of which property is shown on Zoning Map. No. 104-15 marked Exhibit "2" attached hereto and made a part hereof, and more specifically described in attached Exhibit "3 ". Such zone change is hereby made subject to the mitigation measures/conditions of approval listed in attached Exhibit "1", subject to approval of GPA 02-1144. 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. ......... o0o ......... 2 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 MAY P. 8 Z003 by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON. SULLiVAN, SALVAGGIO COUNCILMEMBERN'~4'.JL~ COUNCiLMEMBER /~[~..~ COUNCILMEMBER A./~ PAMELA A. McCARTHY, CM~ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED MAY ~. 8 2003 I~AayRoVr Eo~'t hL~ ~ oLof Bake rsf~eld/.~ APPROVED as to form BART J. THILTGEN City Attorney S:\Dole\02-1144\CC OZC.DOC 3 EXHIBIT "1" MITIGATION MEASURES General Plan AmendmentJZone Change 02-1144 Planning A qualified professional archaeologist shall conduct a field survey of the entire subject site prior to any ground disturbance activities. If any human remains are discovered, all work shall stop until the Kern County Coroner has been notified and has evaluated the remains. If any other archaeological artifacts are discovered during site development, ail work shall stop until the find has been evaluated by a qualified archaeologist or historian. CONDITIONS Planning Commission The applicant shall participate in the installation of a traffic signal at the intersection of Miramonte Drive and State Route-178 and that the applicant pay a pro-rata share of the traffic signal installation cost. P ann nR Conditions of approval of Vesting Tentative Tract No. 6160 are applicable to and in affect for GPA/ZC 02-1144. S:\Dole\02-1144~Mitigation doc CITY OF 8AKERSFI[[.O ZONING MAP SEC ~5 T 295 LEGEND Exhibit "3" ~ Legal Description Zone Change 02-1144 A portion of the Southeast Quarter of Section 15, Township 29 South, Range 29 East, Mount Diablo Meridian, being in the County of Kern, State of California, more particularly described as follows: Commencing at the East Quarter Corner of said section; Thence South 14°10' 00" West, 790.00 feet; Thence South 21° 30' 00" East, 160.00 feet; Thence South 02° 40' 00" West, 470.00 feet; Thence South 19° 40' 00" West, 320.00 feet; Thence South 12° 20' 00" East, 270.00 feet; Thence South 04© 15' 00" East, 330.00 feet; Thence South 29° 05' 00' East, 120.00 feet; Thence South 64° 00' 00' East, 135.12 feet to a point on the east line of said Section, said point being 2442.63 feet from said quarter corner; Thence South 00° 03' 20" West, 200.48 feet to the Southeast corner of said section; Thence South 89© 59' 20" West, along the south line of said section, 363.71 feet to a point on the future easterly right-of-way of Miramonte Drive, 90.00 feet in width, said point being on a curve concave to the east and the center of said curve bears North 65© 13' 15" East a radial distance of 1155.00. Thence Northerly along said curve through a central angle of 12© 22' 45" an arc length of 249.55 feet; Thence North 12° 24' 00" West, 641.04 feet to a tangent curve, concave to the East and having a radius of 1155.00 feet; Thence Northerly along said curve through a central angle of 38° 03' 30' an arc length of 767.20 feet;, Thence North 25° 39' 30' East, 967.62 feet to a tangent curve, concave to the West and having a radius of 1245.00 feet; Thence continuing Northerly through a central angle of 07° 87'49' an arc length of 173.04 feet to a point on the North line of said Southeast Quarter; Thence North 89° 58' 38" East, 13.54 feet to the Point of Beginning. Containing 16.882 Acres, more or less. s:~Dole~02-1144\Exhibit C.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 29th day of May , 2003 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4127 , passed by the Bakersfield City Council at a meeting held on the 28th day of May 2003 and entitled: AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 AND ZONING MAP NO 104-15 OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM R-2 (LIMITED MULTIPLE FAMILY DWELLING) TO R-1 (ONE FAMILY DWELLING) ON 20.70 ACRES GENERALLY LOCATED ONE HALF MILE SOUTH OF STATE ROUTE 178 ALONG THE EAST SIDE OF MIRAMONTE DRIVE (02-1144) ~si PAMELA A. McCARTHY City Clerk of the City of Bakersfield