HomeMy WebLinkAboutORD NO 4178ORDINANCE NO.
41"/'8
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) TO E
(ESTATE) ZONE ON 4.77 ACRES LOCATED WEST OF
JEWETTA AVENUE, GENERALLY 700 FEET SOUTH OF
BIRCHHAVEN DRIVE. (GPA 03-1155). (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 cedain properties being annexed to the City of
Bakersfield located west of Jewetta Avenue, generally 700 feet south of Birchhaven Drive; and
WHEREAS, by Resolution No. 169-03 on December 18, 2003, the Planning Commission
recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to
approve E (Estate) zone on 4.77 acres 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, the Planning Commission, as a result of said headng, 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 (Estate) 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 October
30, 2003, in accordance with CEQA; and
WHEREAS, the general plan designation for this area, subject to prior approval of General
Plan Amendment No. 03-1155, 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,o-
project in accordance with CEQA.
ORIGINAL
8.
9.
10.
11.
12.
13.
NOW,
1.
2.
3.
The public necessity, general welfare and good zoning practice justify the
recommended change of zone to E (Estate) zone on 4.77 acres located west of
Jewetta Avenue, approximately 700 feet south of Birchhaven Drive.
The project site, with prior approval of General Plan Amendment No. 03-1155, is
designated SR (Suburban Residential), subject to prior approval of General Plan
Amendment No. 03-1155, on the Metropolitan Bakersfield General Plan Land Use
Plan.
The recommended zone change will reflect the previously adopted General Plan
Amendment No. 03-1155.
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. 03-1155.
That the applicant by prior agreement agreed to comply with all adopted mitigation
measures contained within the Negative Declaration for this project.
That Zone Change No. 03-1155 is hereby approved as recommended by staffwith
mitigation measures adopted in the Negative Declaration.
That Section 17.06.020 (Zoning Map) of the Municipal Code of the City of
Bakersfield be amended by changing the land use zoning E (Estate) zone on 4.77
acres on Map No. 101-25, of that certain property being annexed to the City of
Bakersfield as described in Exhibit "C" herein attached.
That Zone Change No. 03-1155, 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. 03-1155.
SECTION 1.
THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows:
All of the foregoing recitals are hereby found to be true and correct.
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 being annexed to the City, the boundaries of which property is shown on
the map marked Exhibit "B" attached hereto and made a part hereof.
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.
03-1155.
2
ORIGINAL
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.
......... 000 ........
I HEREBY CERTIFY that the foregoing Ordinance was passed andadppted by the Council
of the City of Bakersfield at a regular meeting thereof held on MAR 1 O20~4 , by the following
vote:
ABSTAIN:
ASSENT:
COUNCILMEMBER COUCH, CARSON, BENHAMi MAGGARD, HANSON, SULLIVAN, SALVAGGIO
COUNC LMEMBER.
COUNCILMEMBER
COUNCILMEMBER
APPROVED MAR ! 0 2004
MAYOR of the City of Bakersfie~'d
CITY CLERK and Ex Officio ~)erk of the
Council of the City of Bakersfield
APPROVED as to~rm:
VIRGINIA G E NN~'RO
City Attorney
Attachments: EXHIBIT "A" - Conditions of Approval.
EXHIBIT "B" - Map.
EXHIBIT "C" - Legal Description.
MO:djl
S:\GPA 401 Qb' 2003~03-1155~Resolufions~ozc-cc.doc
3
ORIGINA~
ZONE CHANGE 03-1155
EXHIBIT B
zo.~.~ ~a~ ~o,-~
ORIGINAL
EXHIBIT "C"
ZONE CHANGE NO. 03-1155
LEGAL DESCRIPTION
That parcel of land being a portion of the southeast 1/4 of Section 25, T. 29 S., R. 26 E.,
M.D.M., in the County of Kern, State of California, more particularly described as
follows:
Commencing at the southeast comer (monumented) of said Section 25, also being the
point of intersection of the center lines of Brimhall Road and Jewetta Avenue;
Thence N 00° 48' 2 I" E, along the east line of said Section 25, a distance of 659.94 feet
to meet the southeast comer of Parcel 2 of Parcel Map No. 4244 filed for record in Book
19 of Parcel Maps, Page 130 in the Office of the Kern County Recorder;
Thence N 89° 12' 51" W, along the south line of said Parcel 4, a distance of 30.00 feet to
meet the west right of way line of Jewetta Avenue (Co. Rd. No. 589), said point being on
the existing corporate boundary of the City of Bakersfield and is the TRUE POINT OF
BEGINNING;
Thence ( 1 ) departing from said corporate boundary line, N 89° 12' 51" W, along the
south line of said Parcel 2, a distance of 629.86 feet to the southwest comer thereof, said
point also being on said existing corporate boundary line
Thence (2) N 00° 48' 35" E, along the west line of said Parcel 2 and said corporate
boundary line, a distance of 330.23 feet to the northwest comer of said Parcel 2;
Thence (3) S 89° 11' 30" E, along the north line of said Parcel 2, a distance of 629.83 feet
to intersect the west right of way line of said Jewetta Avenue;
Thence (4) S 00° 48' 21" W, along said right of way line, 329.98' feet to the TRUE
POINT OF BEGINNING.
Containing 4.77 acres (more or less)
G:'~GROUPDAT~Ron~2003'~EXHIBIT A - Annex 454.doc - I -
ORIGINAL
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SS.
County of Kern )
PAMELA A. McCARTHY, being duty sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the II ~ day of March , 2004 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4178, passed by the
Bakersfield City Council at a meeting held on the /0~ day of March, 2004 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) TO E (ESTATE) ZONE ON 4.77 ACRES
LOCATED WEST OF JEWETTA AVENUE, GENERALLY
700 FEET SOUTH OF BIRCHHAVEN DRIVE. (GPA 03-
1155). (WARD 4).
/si PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
DEPI~'I'Y City Clerk