HomeMy WebLinkAboutORD NO 4152ORDINANCE NO. ~ ~ 5 ~
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION
AND AMENDING SECTION 17.06.020 (ZONE MAP NO.
102-30) OF TITLE SEVENTEEN OF THE BAKERSFIELD
MUNICIPAL CODE BY CHANGING THE ZONING FROM
AN R-S 10 ACRE (RESIDENTIAL SUBURBAN - 10 ACRE
MINIMUM LOT) TO AN E (ESTATE) ZONE ON 9.93
ACRES GENERALLY LOCATED ON THE EAST SIDE OF
JEWETTA, APPROXIMATELY 600 FEET NORTH OF
BRIMAHLL ROAD (FILE # 03-0805).
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 on the east side of Jewetta Avenue,
approximately 660 feet north of Brimhall Road, and as hereinafter described and as set
forth and designated upon Zoning Map No.102-30 (Exhibit "B") incorporated within and
made part of Title Seventeen of the Bakersfield Municipal Code, more thoroughly
described in the legal description attached Exhibit "C"; and
WHEREAS, by Resolution No. 125-03 on September 4, 2003, the
Planning Commission recommended approval and adoption of an ordinance amending
Title 17 of the Municipal Code to approve Zone Change No. 03-0805, as delineated on
attached Zoning Map No. 102-30 marked Exhibit "B", 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 an
R-S-10A (Residential Suburban-10-acre minimum lot size) to an E (Estate) zone on
9.93 acres, 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 August
13, 2003, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows residential
development; and
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ORIGINAL
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 (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 an E (Estate) zone.
The overall design of the project, as conditioned, is consistent with
the goals and policies of all elements of the general plan.
The conditions of approval, attached hereto as Exhibit "A" are
needed to provide for orderly development, and the public health,
welfare and safety; and
The surrounding area is proposed for urban residential
development.
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.
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. 102-30 marked Exhibit "B" attached hereto and made a part hereof, and are
more specifically described in attached Exhibit "C."
4. Such zone change is hereby made subject to the condition of
approval listed in attached Exhibit "A."
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.
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ORIGINAL
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
OCT ~. 2 2003 by the following vote:
ABSTAIN:
ABSENT:
COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
OC"l- 2 2
HARVEY L. HALL
Mayor of the City of Bakersfield
APPROVED as to form
BART J. THILTGEN
City Attorney
Exhibits:
A. Conditions.
B. Zone Map 102-30.
C. Legal Description.
Jeng/ S:ITRACTSi6220tz805iCCiOZC-CC. DOC //September 30, 2003
ORIGINAL
EXHIBIT "A"
ZONE CHANGE NO. 03-0805
CONDITIONS OF APPROVAL
Public Works
This area is within the Brimhall Road Planned Drainage Area (PDA). Upon development or
division of the area, construct curb & gutter and street paving from the north boundary northerly to
tie into existing improvements. Excavate the existing basin in Tract 5597 as required to accept
drainage from this area. The cited improvements are PDA improvements, and credit will be given
towards the required fee for their construction
The area covered by this zone change shall be included in the Consolidated Maintenance District.
With submittal of any application for a development plan, proposed subdivision, Site Plan Review,
or lot line adjustment for any portion of this area, the applicant shall pay all fees for inclusion in
the Consolidated Maintenance District
Planning
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.
Mitigation measure as recommended by Southern San Jcaquin Valley Information Center at
CSUB April 9, 2003 letter.
S:[ZoneChange[z805[CCtExhA.doc
September 30, 2003
Page 1 of 1
ORIGINAl.
EXHIBIT "B"
ZONE CHANGE 03-0805
EXHIBIT "C"
ZONE CHANGE NO. 03-0805
LEGAL DESCRIPTION
The South Half of the North Half of the Southwest Quarter of the Southwest Quarter of
Section 30, Township 29 South, Range 27 East, MD.M, in the City of Bakersfield,
County of Kern, State of California, according to the official Plat thereof.
DELMARTER AND DEIFEL
17564
ORIGINAL
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 28th day of October , 2003 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4152 , passed by the
Bakersfield City Council at a meeting held on the 22nd day of October 2003 and
entitled:
AN ORDINANCE AMENDING SECTION 15.84 OF THE
BAKERSFIELD MUNICIPAL CODE RELATING TO
TRANSPORTATION IMPACT FEE
/s/PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
-- DE-PU~' City Clerk
OR~G N4L