Loading...
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 -1- 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. -2- 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