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Home My WebLink AboutORD NO 4139ORDINANCE NO. 4 1_ 3 9 AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO. 102-08) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM OS (OPEN SPACE) TO R- 2 (LIMITED MULTIPLE-FAMILY DWELLING)ON 9,941 SQUARE FEET AND FROM R-2 TO OS ON 2,695 SQUARE FEET GENERALLY LOCATED APPROXIMATELY 200 FEET SOUTH OF THE OLIVE DRIVE - VIA TEVERE STREET INTERSECTION (FILE # 03-0339) 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 approximately 200 feet south of the Olive Drive - Via Tevere Street intersection; and WHEREAS, by Resolution No.99-03 on June 19, 2003 the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve R-2 and OS zoning as delineated on attached Zoning Map No. 102-08 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 Notice Of Exemption from the California Environmental Quality Act of environmental impact and changes in zoning of the subject property from OS to R-2 and from R-2 to OS 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 a Notice Of Exemption, 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 Notice Of Exemption was advertised and posted on May 26, 2003, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows residential and open-space development; and WHEREAS, the City Council has considered and hereby makes the following findings: 1. All required public notices have been given. The provisions of the California Environmental Quality Act have been followed. The proposed project will not have a significant effect on the environment and subsequent to CEQA, General Rule, Section 15061. (b)(3)"Where it can be seen with certainty that there is no possibility that the activity ir~ ~A~. question may have a significant effect on the environment, the activity is not subject to CEQA." A Notice Of Exemption from the California Environmental Quality Act has been prepared. The proposed project is consistent with the surrounding land uses. The proposed project is consistent with the Riverlakes Ranch Specific Plan, 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 Notice Of Exemption for this project. 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 Notice Of Exemption 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. 102-08 marked Exhibit "1" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "2". 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. ~: ~ ~'~ ~"~6~ 2 ~ ORiGINAl- ......... 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 AUG 9. ? 2003 by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER COUCH, CARSON, BENHAM,~,HANSON, SULLIVAN, SALVAGGIO COUNClLMEMBER COUNCILMEMBER COUNCILMEMBER HARVEY L. HAL-L~ Mayor of the City of Bakersfield PAMELA A. McCARTHY, Cl~ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED a~p form BART J. THILT/GEN City Attorney .it P:\03-0339\CC OZC.DOC Attachments: Exhibit 1-Map Exhibit 2-Legal Description 3 OFIlGINAL Exhibit 1 ZONE CHANGE 03-0339 T ZONING ~AP 1~-08 ~ q~iGINA~ Exhibit 2 Legal Description ZONE CHANGE 03-0339 OS To R-2 All that portion of Parcel 2 of Lot Line Adjustment No. P01-0348 per Certificate of Compliance reoorded as document no. 0202057926 in the office of the Kern County Recorder, also being a portion of the Southwest quarter of Section 8, Township 29 South, Range 27 East, Mount Diablo Meridian, in the City of Bakersfield, County of Kern, State of California, more particularly de~.ribed as follows: Commenting at the centerline intersection of Olive Drive and Rivedakes Drive; Thence North 89'25'19" West along the centefline of said Olive Ddve, a distance of 390.00 feet to the beginning of a curve concave southeasterly and having a radius of 2000.00 feet; Thence westerly along said curve and said centedine through a central angle of 14016'50~, an arc distance of 498.48 feet to ~ Northeast comer of Parcel 1 of said Lot Une Adjustment No. P01-0348; Thence along the boundary line of said Parcel I the following 5 courses; (1) South 13042'09" East, a distance of 55.00 feet; (2) South 29°58'19" West, a distance of 41.77 feet; (3) South 15°54'43" East, a distance of 121.O4 feet to the beginning of a non-tangent curve concave southeHy and having a radius of 1793.00 feet, from which beginning of curve the radius point bears South 13°59'04'' East; (4) easterly along said curve through a central angle of 00006'46'', an arc distance of 3.53 feet; (5) South 24°14'26'' East, a distance of 30.50 feet to the point of I:~inning; Thence (1) continuing South 24°[4'26'' East along the boundary line of said Parcel 2, a distance of 97.27 feet; Thence (2) North 89°0V02'' West, a distance of 84.26 feet; Thence (3) South 34°59'56"West, a distance of 42.35 feet to apeint on the boundaryline of said Parcel 2; Thence along the boundary line of said Parcel 2 the fo/lowing $ courses: Thence (4) Tl~ence (5) North 18040'25" West, a distance of 108.03 feet; North 83o05~25" East, a distance of 52.26 feet to the beginning of a non-tangent curve concave southeasterly and having a radius of 1763.00 feat, from which beginning of curve the radius point bears South 15024'46" East; Thence (6) Easterly along said curve through a central angle of 01°43'22", an arc distance of 53.01 feet more or less to the point of beginning, Contains 9,441 square feet more or less· Exhibit 2 ~ continued R-2 To OS Zone Change 03-0339 All that portion of Parcel 1 of Lot Une Adjustment No. P01-O348 per Certificate of Com¢iance recorded as document no. 0202057926 in U~ office of the Kern County Recorder, also being a portion of the Southwest quarter of Section 8, Township 29 South, Range 27 East, Hount Diablo ¢4eddian, in the C¢:y of Bakersfield, County of Kern, S~ate of Califomia, more particularly de~::ribed as follows: Cocnmencing at the centedine intersection of Olive Drive and Rivedakes Drive; Thence North 89°25'19" West along the centedine of said Olive Drive, a distance of 390.00 feet to the beginning of a curve concave southeasterly and having a Fadius of 2000.00 feet; Thence westerly along said curve and said centedine through a central angle of Z4°~,6'50'', an arc distance of 498.48 feet to the Northeast corner of Parcel ! of said Lot Line Adjustment No. P01-0348; Thence along the boundary line of said Parcel ! the following 8 courses; (1) South 13042'09'' East, a distance of 55.00 feet; (2) South 29°58'19'' West, a distance of 'H.77 feet; (3) South ~.5°54'43" East, a distance of 121.04 feet to the beginning of a non-tangent curve concave southerly and having a radius of 1793.00 feet, fi.om whic~ beginning of curve the radius point bears South 13059'04~ East; (4) easterly along said curve through a central angle of 00~06'4~", an arc distance of 3.53 feet; (5) South 24014~26" East, a dis~nce of 30.50 feet to the beginning of a non-tangent curve concave southeasterly and having a radius of 1763.00 feet, from which beginning of curve the radius bears South 13°41~4'' East; (6) Thence westedy along said curve through a central angle of 01043'22'', an arc distance of 53.01 feet; (7) Thence South 83005'25'' West, a distance of 52.26 feet; (8) Thence South 18°40'25'' East, a distance of 108.03 feet to the point of beginning; Thence cont/quing a/on~a the boundary of sa/d Parce/ ! the fo#owing 2 courses: Thence (1) South ]8°40'25'' East, a distance of 62.95 feet; Thence (2) South 71019'35'' West, a distance of 85.61 feet; Thence (3) North 34059'56" East, a distance of 106.27 feet more or less to the point of beginning. Contains 2,695 square feet more or less. EXP. 1 2,¢ i-O3 ~,", C}RIGINAL AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) SS. County of Kem ) 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 28th day of Au,qust , 2003 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4139 , passed by the Bakersfield City Council at a meeting held on the 27th day of Auqust 2003 and entitled: AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO. 102-08) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM OS (OPEN SPACE) TO R-2 ( LIMITED MULTIPLE FAMILY DWELLING) ON 9,941 SQUARE FEET AND FROM R-2 TO OS ON 2,695 SQUARE FEET GENERALLY LOCATED APPROXIMATELY 200 FEET SOUTH OF THE OLIVE DRIVE -- VIA TEVERE STREET INTERSECTION. /s/PAMELA A. McCARTHY City Clerk of the City of Bakersfield ~ ' DEPUTY[ Cl'itT~rk