HomeMy WebLinkAboutORD NO 4174ORDINANCE NO. Z~ ~, 7 L~
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND
APPROVING THE PROPOSED AMENDMENT TO SECTION
17.06.020 (ZONE MAP NO. 104-20) OF TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE TO CHANGE THE
ZONING OF CERTAIN PROPERTY IN THE CITY OF
BAKERSFIELD FROM: 1.) R-H (RESIDENTIAL HOLDING) TO
R-1 (ONE FAMILY DWELLING) ON 2.67 ACRES, 2.) R-H TO OS
(OPEN SPACE) ON 1.63 ACRES, AND 3.) R-H TO R-S-lA
(RESIDENTIAL SUBURBAN - ONE ACRE MINIMUM) ON 5.65
ACRES LOCATED GENERALLY SOUTH OF CHASE AVENUE
AND EAST OF KERN CANYON ROAD (STATE ROUTE 184), IN
THE SE QUARTER OF THE SE QUARTER OF SECTION 20,
T.29S., R.29E., M.D.B.M. (FILE# ZC 03-1189).
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 for certain property in the City of Bakersfield located
generally south of Chase Avenue and east of Kern Canyon Road (State Route 184), in the SE
Quarter of the SE Quarter of Section 20, T.29S., R.29E., M.D.B.M. (Exhibit "A"), and more
specifically described in Exhibit "B"; and
WHEREAS, for the above-described proposal, an Initial Study was conducted and it was
determined that the proposed project would not have a significant effect on the environment,
and, therefore, a Negative Declaration was prepared and posted on November 28, 2003, in
accordance with CEQA; and
WHEREAS, the law and regulations relating to the preparation and adoption of Negative
Declarations, as set forth in CEQA and the City of Bakersfield's CEQA Implementation
Procedures, have been duly followed by city staff, the Planning Commission, and this Council;
and
WHEREAS, by Resolution No. 188-03 on December 18, 2003, the Planning
Commission approved the adoption of an ordinance amending Title 17 of the Municipal Code to
approve Zone Change No. 03-1189 as delineated on attached Zoning Map No. 104-20, marked
Exhibit "A", respectively, and this Council has fully considered the Planning Commission's
recommendation as set forth in that Resolution; and
WHEREAS, on December 23, 2003, the applicant submitted an appeal to the conditions
of approval adopted by the Planning Commission; and
WHEREAS, the City Council has considered and hereby makes the following findings:
1, All above recitals are true and correct.
2. The provisions of the California Environmental Quality Act have been met.
The proposed project would not have a significant effect on the
environment.
ORtGINA[
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 711.4 of the State of California
Department of 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, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as
follows:
The above recitals and findings are true and correct and constitute the Findings
of the Council, incorporated herein.
2. The Negative Declaration for Zone Change No. 03-1189 is hereby adopted.
3. The applicant's appeal is hereby upheld.
The proposed amendment to Section 17.06.020 (Zoning Map) of the Municipal
Code of the City of Bakersfield be and the same to change the land use zoning
from: 1.) R-H (Residential Holding) to R-1 (One Family Dwelling) on 2.67 acres,
2.) R-H to OS (Open Space) on 1.63 acres, and 3.) R-H to R-S-lA (Residential
Suburban - One Acre Minimum) on 5.65 acres located generally south of Chase
Avenue and east of Kern Canyon Road (State Route 184), in the SE Quarter of
the SE Quarter of Section 20, T.29S., R.29E., M.D.B.M. (File~ ZC 03-1189) of
that certain property in said City, the boundaries of which property is shown on
Zoning Map No. 104-20, marked Exhibit "A", respectively, attached hereto and
made a part hereof, and more specifically described in attached Exhibit "B", with
conditions of approval as provided in Exhibit "C", is hereby approved and
adopted.
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 .........
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 February 25, 2004, by the
following vote:
YE · COUNCIL MEMBER BENHAM, CARSON, COUCH, HANSON, MAGGARD, SALVAGGIO, SULLIVAN
~ COUNCIL MEMBER
ABSTAIN: COUNCIL MEMBER
ABSENT: COUNCIL MEMBER
OF~IGINAI
APPROVED FE~B 25 Z004
HARVEY L. HALL
Mayor
PAMELA A. McCARTI~, CMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
Exhibits Attached:
Exhibit A - Zone Change Map
Exhibit B - Legal Description
Exhibit C - Conditions of Approval
OFUGINAL
0
ZONE CHANGE 03-1189
R-H
TO
R-1
6,,
R-H TO OS
R-H TO R-S-l^
EX"I ,I~IT A
ZONING MAP ~o4-z~ORIGIN.~
EXHIBIT B
LEGAL DESCRIPTIONS
FOR
ZONE CttANGE 03-1189
BEING A PORTION OF rFItE EAST ItALF OF THE EAST ttALF OF THE SOUTIIEAST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 29 SOUTH.
RANGE 29 EAST, MOUNT DIABLO BASE AND MERIDIAN, LOCATED IN THE CITY OF
BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA.
ONE FAMILY DWELLING (R-l):
BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 20, THENCE
NORTHERLY ON AND ALONG THE EAST LINE OF SAID SECTION 20, N 00°40'11" E
1034.58 FEET TO THE TRUE POINT OF BEGINNING;
THENCE S 67044'55'' W 356.77 FEET, TO A POINT ON THE WEST LINE OF THE EAST
HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF SAID SECTION 20;
THENCE N 00039'06'' E 423.10 FEEl', ON AND ALONG SAID WEST LINE TO A POINT
ON THE NORTH LINE OF THE SOUTHEAST QUARTER OF TttE SOUTHEAST
QUARTER OF SAID SECTION 20;
TttENCE S 89031'37'' E 328.74 FEET, ON AND ALONG SAID NORTH LINE TO THE
NORTHEAST CORNER OF THE EAST HALF OF THE EAST HALF OF THE SOUTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 20;
THENCE S 00°40'11'' W 285.28 FEET, ON AND ALONG SAID EAST LINE OF SECTION
20 TO THE TRUE POINT OF BEGINNING.
ENCOMPASSING AN AREA OF 2.67 ACRES, MORE OR LESS.
lof2
ORIGINAL
OPEN SPACE (OS):
BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 20, THENCE
NORTHERLY ON AND ALONG THE EAST LINE OF SAID SECTION 20, N 00°40'11' E
890.70 FEET TO THE TRUE POINT OF BEGINNING;
THENCE S 49o50'05" W 434.20 FEET, TO A POINT ON THE WEST LINE OF THE EAST
HALF OF THE EAST HALF OF TItE SOUTItEAST QUARTER OF THE SOUTHEAST
QUARTER OF SAID SECTlON 20;
THENCEN 00o39'06'' E 288.85 FEET, ON AND ALONG SA1D WEST LINE;
THENCE N 67044'55" E 356.77 FEET ON AND AI,ONG THE SOUTH LINE OF THE
FORMERLY DESCRIBED "R-I" PARCEL, TO A POINT ON THE EAST LINE OF SAID
SECTION 20;
THENCE S 00°40'11'' W 143.88 FEET, ON AND ALONG SAID EAST LINE OF SECTION
20 TO THE TRUE POINT OF BEGINNING.
ENCOMPASSING AN AREA OF 1.63 ACRES, MORE OR LESS.
RESIDENTIAL SUBURBAN (R-S-1 A):
BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 20, THENCE
WESTERLY ON AND ALONG THE SOUTH LINE OF SAID SECTION 20, S 89032'33,' E
328.32 FEET TO A POINT ON THE WEST LINE OF SAID EAST HALF OF THE EAST
HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID
SECTION 20;
THENCE N 00039'06" E 608.00 FEET, ON AND ALONG SAID WEST LINE;
THENCE N 49050'05'' E 434.20 FEET ON AND ALONG THE SOUTH LINE OF THE
FORMERLY DESCRIBED "OS" PARCEL, TO A POINT ON THE EAST LINE OF SAID
SECTION 20;
THENCE S 00°40'11" W 890.70 FEET ON AND ALONG THE EAST LINE OF SAID
SECTION 20, FEET TO THE POINT OF BEGINNING.
ENCOMPASSING AN AREA OF 5.65 ACRES, MORE OR LESS.
2 of 2 ORiGiNAL~
EXHIBIT C
ZONE CHANGE NO. 03-1 '189
CONDITIONS OF APPROVAL
1. With development on or subdivision of the project site, municipal sewer service
shall be provided to the proposed development.
2. A 24" sewer trunk line is available west of the project site. A sewer lift station is
permitted for the project site.
3. Include the following with submittal of any application for a land division, lot line
adjustment, or development plan:
a. Fully executed offer of dedication for Shalane Avenue to collector
standards along the south line of the section. Submit a current title report
with the offer of dedication documents.
b. A sewer study to show how municipal service will be provided.
c. A circulation plan showing how a connection can be made through the site
from Shalane Avenue to existing McKenna Court.
4. This area is within the boundaries of the Breckenridge Hills Specific Plan.
Development and construction shall be in conformance with the approved Specific
Plan.
5. This area is within the boundaries of the Breckenridge Planned Drainage Area
(PDA). Development and construction of drainage facilities shall be in
conformance with the approved PDA.
6. The entire area covered by this zone change shall be included in the Consolidated
Maintenance District. Fees for inclusion in the Consolidated Maintenance District
were paid with the submittal of Tentative Tract Map No. 6251.
ORIGINAl.
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
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 26th day of February , 2004 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4171 , passed by the
Bakersfield City Council at a meeting held on the 25th day of February, 2004 and
entitled:
AN ORDINANCE ADOPTING A NEGATIVE
DECLARATION AND APPROVING THE PROPOSED
AMENDMENT TO SECTION 17.06.020 (ZONE MAP NO.
104-20) OF TITLE SEVENTEEN OF THE BAKERSFIELD
MUNICIPAL CODE TO CHANGE THE ZONING OF
CERTAIN PROPERTY IN THE CITY OF BAKERSFIELD
FROM: 1.) R-H (RESIDENTIAL HOLDING) TO R-1 (ONE
FAMILY DWELLING ) ON 2.67 ACRES, 2.) R-H TO OS
(OPEN SPACE) ON 1.63 ACRES, AND 3.) R-H TO R-S-lA
(RESIDENTIAL SUBURBAN - ONE ACRE MINIMUM) ON
5.65 ACRES LOCATED GENERALLY SOUTH OF CHASE
AVENUE AND EAST OF KERN CANYON ROAD (STATE
ROUTE 184), IN THE SE QUARTER OF THE SE
QAUARTER OF SECTION 20, T.29S., R.293., M.D.B.M.
(FILE# ZC 03-1189)
/si PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
ORIGINAL