HomeMy WebLinkAboutORD NO 3951ORDINANCe NO. 3 9 5 1.
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAPS NO.
104-11 and 104-14 BY CHANGING THE ZONING FROM A PUD
(PLANNED UNIT DEVELOPMENT) ZONE TO AN R-1 (ONE
FAMILY DWELLING) ZONE ON 4.6 ACRES GENERALLY
LOCATED ON THE SOUTH SIDE OF STATE ROUTE 178,
APPROXIMATELY 300 FEET EAST OF MIRAMONTE DRIVE
(FILE # P99-0743).
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 south side of State Route 178, approximately 300 feet east
of Miramonte Drive; being a portion of the northwest quarter of Section 14, T29S, R29e,
MDB&M, as shown on attached Exhibit "B"; and
WHEREAS, by Resolution No. 206-99 on December 2, 1999, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve Zone Change P99-0743 as delineated on attached Zoning Maps No.
104-11 and 104-14 marked Exhibit "C", 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 a PUD (Planned Unit
Development) zone to an R-1 (One Family Dwelling) 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 was advertised and posted on October 27,
1999, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows Iow medium density
development; and
WHEREAS, the City Council has considered and hereby makes the following
findings:
1. All required notices have been given.
2. The provisions of CEQA have been followed.
3. Based on an initial study, staff determined the proposed project will not
have a significant affect on the physical environment in the area and issuing a Negative
Declaration is adequate.
4. The proposed zone change is consistent with the Metropolitan Bakersfield
2010 General Plan.
5. The requirement for an easement on the subject properly to provide future
connection between the east and west sides of Section 14, T29S, R29E is necessary for the
public safety.
6. Based on the Noise Study (Walker, Celano & Associates, 1993), a wall
along the northern property line is not required if the outdoor activity area and residential unit are
located at least 30 feet from the north property line. The study identifies that the northern 30
feet of the subject property to be within the 65dB noise contour line. The Metropolitan
Bakersfield 2010 General Plan requires that outdoor activity areas have 65dB or less.
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 properly is shown on Zoning Maps No. 104-11
and 104-14 marked Exhibit "C" attached hereto and made a part hereof, and are more
specifically described in attached Exhibit "D ".
4. Such zone change is hereby made subject to the conditions 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.
..... O00 ......
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 JAN 2 6 2000
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, RC',','L~-~, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNClLMEMBER
COUNCILMEMBER
APPROVED
JAN ~6 2~nn
Council of the City of Bakersfield
MAYOR of the City of Bakersfield
APPROVED as to form:
BART THILTGEN
City Attorney
Exhibits:
A. Conditions.
B. Location Map.
C. Zone Map
D. Legal Description
S:~oneCha ng e\743~cc-ord.wpd
December 9, 1999
3
EXHIBIT "A"
ZONE CHANGE P99-0743
CONDITIONS OF APPROVAL
PUBLIC WORKS
Sewer service shall be provided to the site. The applicant may be required to install a line of
sufficient size and in a location so adjacent area may be served.
Prior to issuance of a building permit
a. a grading plan for the site shall be submitted to and reviewed by the City Engineer.
Drainage from this site shall be dealt with in accordance with the Rio Bravo master
drainage plan. If runoff from this site ultimately discharges into the Kern River, then
treatment measures to ensure discharge flows conform to the requirements of the Clean
Water Act shall be implemented. No runoff from this site shall be permitted to enter
the reservoir,
b. submit a preliminary soil report, with R values, and engineering calculations to justify the
paving structural sections proposed.
c. submit a preliminary engineer's estimate with plan check fees based on the preliminary
engineer's estimate.
d. pay, In accordance with Section 13.04.075 of the Municipal Code, all costs for inclusion
of the subdivision into the existing consolidated maintenance district.
e. provide verification from Olcese Water District that the District's requirements as listed in
their June 23, 1993, letter to the Planning Department for water service have been met
(see attached).
f. provide evidence that access to the site is assured, whether through inclusion of the site
into the adjacent Homeowner's Association By-Laws and accompanying C. C. & R.'s or
other approve means, and with inclusion or annexation into the overall association, to be
submitted to and approved by the City.
Upon issuance of a building permit, fees (based upon the charges or rates in effect at the time of
issuance of the building permit) shall be paid to the City for the following:
a. sewer connection fee.
b. regional traffic impact fee
All required improvements shall be completed prior to the obtaining a Certificate of Occupancy
on the site.
PLANNING
Prior to issuance of a building permit, developer/property owner shall dedicate and record an
easement for emergency vehicular access across the subject site from the current terminus of
the private drive aisle of the condominiums located on the west side of the site to the eastern
boundary of the site. Said easement shall be a minimum 20 foot wide and in an alignment
approved by the City Engineer. Said easement may contain the applicant's residential driveway
and shall contain wording to the satisfaction of the City Attorney regarding access and use of the
easement for emergency purposes and address the need to minimize disruptions to driveway
operations and shall grant to the City the right to enter upon said easement to further improve
the emergency access to City standards as may be necessary upon future development on the
east side of the subdivision subject site. (Mitigation)
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Deccmbcr 9, 1999 (1:09pm)
Exhibit"A"
ZC P99-0743
page 2
Prior to issuance of a building permit, developedproperty owner shall record a non-build
covenants stating that no residential dwelling unit shall be located within 60 feet of the north
boundary line. Accessory buildings, such as garages and carpods, may be constructed within
the 60 feet area.
7
If during construction activities or ground disturbance, cultural resources are uncovered, the
subdivider shall stop work and retain a qualified archeologist for fudher study. Subdivider shall
notify the proper authorities and be subject to any mitigation measures required of the
archeologist. (Mitigation)
S:\ZoneChange\743'xcc- ExA.wpd
December 9, 1999 (1:09pm)
EXHIBIT "B"
ZONE CHANGE
P99-0743
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T29S, R29E
69321
CITY OF BAKERSFIELD
ZONING MAP 104-11
SEC II '~ 29S R 29£
LEGEND
CITY OF BAKERSFIELD
ZONING MAP 104-14
SEC 14 12~ R 29F-
LEGENO
EXHIBIT "D"
ZC P99-0743
Page lof3
ALL THAT PORTION OF PARCEL 4
OF PARCEL MAP NO. 6317,
OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, AS SHOWN
UPON THE MAP FILED SEPTEMBER 28, 1981 IN BOOK 27, PAGE 16 OF
PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
AS CORRECTED BY A CERTIFICATE OF CORRECTION RECORDED OCTOBER 23,
1981 IN BOOK 5413, PAGE 788 AND JUNE 30, 1982 IN BOOK 5469, PAGE
2158; TOGETHER WITH A PORTION OF THE NORTH HALF SECTION 15,
TOWNSHIP 29 SOUTH, RANGE 29 EAST, MOUNT DIABLO MERIDIAN, BOTH OF
WHICH ARE SHOWN BY CERTIFICATE OF COMPLIANCE RECORDED JANUARY 25,
1985 IN BOOK 5728, PAGE 2071, ALL OF OFFICIAL RECORDS OF SAID
COUNTY, MORE FULLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF PARCEL MAP NO. 6317, AS
SHOWN ON MAP FILED IN BOOK 27 OF PARCEL MAPS, AT PAGE 16, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF KERN, SAID POINT
OF COMMENCEMENT BEING ALSO A POINT ON THE WESTERLY LINE OF
SECTION 14, DISTANT THEREON SOUTH 00 DEGREES 03' 20" WEST, 46.21
FEET FROM THE NORTHWEST CORNER THEREOF, THENCE SOUTH 00 DEGREES
03' 20" WEST, ON AND ALONG SAID WESTERLY SECTION LINE 47.48 FEET
TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 47 DEGREES 13' 29"
WEST, 51.28 FEET; THENCE SOUTH 14 DEGREES 34' 36" WEST, 93.63
FEET; THENCE SOUTH 01 DEGREES 07' 29" WEST, 86.34 FEET; THENCE
SOUTH 08 DEGREES 29' 40" EAST, 85.43 FEET; THENCE SOUTH 18
DEGREES 10' 48" EAST, 246.55 FEET THENCE SOUTH 10 DEGREES 57' 20"
EAST, 145.12 FEET; THENCE SOUTH 03 DEGREES 53' 41" EAST 136.68
FEET; THENCE SOUTH 00 DEGREES 23' 57" EAST, 88.20 FEET; THENCE
SOUTH 00 DEGREES 13' 08" WEST, 62.49 FEET; THENCE SOUTH 10
DEGREES 38' 14" EAST, 49.74 FEET; THENCE NORTH 89 DEGREES 56' 40"
WEST 29.04 FEET, MORE OR LESS TO THE EASTERLY RIGHT OF WAY LINE
OF MIRAMONTE DRIVE; THENCE SOUTH 00 DEGREES 03' 20" WEST, ON AND
ALONG SAID EASTERLY RIGHT OF WAY LINE, 50.00 FEET; THENCE LEAVING
SAID RIGHT OF WAY LINE, SOUTH 89 DEGREES 56' 40" EAST, 9.00 FEET
TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY HAVING
A RADIUS OF 300;.00 FEET THENCE NORTHEASTERLY, ON AND ALONG SAID
CURVE, THROUGH A CENTRAL ANGLE OF 22 DEGREES 03' 20", AN ARC
DISTANCE OF 115.48 FEET; THENCE NORTH 68 DEGREES 00' 00" EAST,
275.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
SOUTHEASTERLY, HAVING A RADIUS OF 300.00 FEET; THENCE
NORTHEASTERLY ON AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
90 DEGREES 14' 54" AN ARC DISTANCE OF 48.42 FEET; THENCE SOUTH 12
DEGREES 45' 06" EAST, 16.00 FEET TO A POINT ON A NON-TANGENT
CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 284.00 FEET,
FROM WHICH THE RADIAL POINT OF SAID CURVE BEARS SOUTH 12 DEGREES
45' 06" EAST; THENCE NORTHEASTERLY ON AND ALONG SAID CURVE
THROUGH A CENTRAL OF 12 DEGREES 48' 26" AN ARC DISTANCE OF 63.48
FEET; THENCE SOUTH 89 DEGREES 56' 40" EAST, 49.84 FEET; THENCE~
EXHIBIT "D"
ZC P99-0743
Page 2 of 3
NORTH O0 DEGREES 03' 20" EAST, 38.00 FEET TO A POINT ON A NON-
TANGENT CURVE, CONCAVE NORTHEASTERLY HAVING A RADIUS OF 201.00
FEET, FROM WHICH THE RADIAL POINT OF SAID CURVE BEARS NORTH 20
DEGREES 06' 11" EAST; THENCE NORTHEASTERLY ON AND ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 05 DEGREES 13~ 55", AN ARC
DISTANCE OF 18.35 FEET; THENCE NORTH 64 DEGREES 39' 45" WEST,
323.97 FEET; THENCE NORTH 16 DEGREES 14' 35" WEST, 252.56 FEET TO
THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A
RADIUS OF 521.56 FEET TO THE BEGINNING OF A TANGENT CURVE,
CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 521.95 FEET; THENCE
NORTHWESTERLY, ON AND ALONG SAID CURVE, THROUGH A CENTRAL ANGLE
OF 11 DEGREES 20' 42" AN ARC DISTANCE OF 103.35 FEET TO A POINT
OF COMMON TANGENCY WITH A CURVE, CONCAVE SOUTHEASTERLY, HAVING A
RADIUS OF 228.00 FEET; THENCE NORTHEASTERLY, ON AND ALONG SAID
CURVE, THROUGH A CENTRAL ANGLE OF 87 DEGREES 25' 52" AN ARC
DISTANCE OF 347.92 FEET TO A POINT OF REVERSE, TANGENT CURVATURE,
WITH A CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 173.00
FEET; THENCE NORTHEASTERLY ON AND ALONG SAID CURVE, THROUGH A
CENTRAL ANGLE OF 50 DEGREES 28' 45" AN ARC DISTANCE OF 152.42
FEET TO A POINT OF REVERSE, TANGENT CURVATURE WITH A CURVE,
CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 157.00 FEET; THENCE
NORTHEASTERLY, ON AND ALONG SAID CURVE, THROUGH A CENTRAL ANGLE
OF 62 DEGREES 58' 16" AN ARC DISTANCE OF 172.55 FEET TO A POINT
OF REVERSE, TANGENT CURVATURE WITH A CURVE, CONCAVE
NORTHWESTERLY, HAVING A RADIUS OF 173.00 FEET; THENCE
NORTHEASTERLY, ON AND ALONG SAID CURVE, THROUGH A CENTRAL ANGLE
OF 41 DEGREES 25' 37" AN ARC DISTANCE OF 125.09 FEET; THENCE
NORTH 53 DEGREES 35' 53" EAST, 101.70 FEET TO THE BEGINNING OF A
TANGENT CURVE, CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 157.00
FEET; THENCE NORTHEASTERLY, ON AND ALONG SAID CURVE, THROUGH A
CENTRAL ANGLE OF 29 DEGREES 27' 50" AN ARC DISTANCE OF 80.74
FEET; THENCE NORTH 20 DEGREES 42' 35" WEST, 230.41 FEET; THENCE
SOUTH 69 DEGREES 18' 48" WEST, 657.69 FEET; THENCE SOUTH 66
DEGREES 54' 53" WEST, 168.30 FEET; THENCE SOUTH 63 DEGREES 47'
07" WEST, 80.39 FEET; THENCE SOUTH 47 DEGREES 13' 29" WEST, 3.44
FEET, MORE OR LESS, TO THE WESTERLY LINE OF SECTION 14, AND THE
TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION OF SAID LAND DESCRIBED AS TRACT
4786 PHASE A FILED AUGUST 29, 1985 IN BOOK 34, PAGES 142 AND 143
OF MAPS.
ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LAND DESCRIBED AS
TRACT 4786 PHASE B FILED JUNE 25, 1990 IN BOOK 38, PAGES 13 AND
14 OF MAPS.
EXHIBIT "D"
ZC P99-0743
Page 3 of 3
ALSO EXCEPTING THEREFROM ALL THAT PORTION BOUNDED ON THE NORTH
AMD WEST BY THE SOUTH AND EAST LINES OF TRACT 4786, PHASE B,
FILED JUNE 25, 1990 IN BOOK 38, PAGES 13 AMD 14 OF MAPS; BOUNDED
ON THE SOUTH BY THE NORTH LINES OF TRACT 4786, PHASE A, FILED
JUNE 25, 1990 IN BOOK 34, PAGES 142 AMD 153 OF MAPS; BOUNDED ON
THE EAST BY THE WEST LINE OF P~RCEL 3 OF PARCEL MAP 6317, FILED
SEPTEMBER 28, 1981 IN BOOK 27, PAGE 16 OF PARCEL MAPS.
ALSO EXCEPTING FROM THAT PORTION OF SAID LAND LYING WITHIN
SECTION 14, TOWNSHIP 29 SOUTH, RANGE 29 EAST, MOUNT DIABLO
MERIDIAN, ALL MINERALS AND MINERAL RIGHTS AND GAS IN SAID LAND,
AS EXCEPTED AND RESERVED UNTO THE UNITED STATES OF AMERICA, IN
THE PATENT FROM THE STATE OF CALIFORNIA, TO H. A. MYHEW, RECORDED
OCTOBER 11, 1918 IN BOOK 17, PAGE 175 OF PATENTS, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY.
ALSO EXCEPTING FROM THAT PORTION OF LAND LYING WITHIN THE NORTH
HALF OF SECTION 15 ALL MINERALS AND MINERAL ORES, INCLUDING, BUT
NOT LIMITED TO, ALL OIL, NATURAL GAS, AND HYDROCARBON SUBSTANCES,
GEOTHERMAL STEAM, BRINES AND MINERALS, IN SOLUTION, GRAVEL AND
AGGREGATES, AND PRODUCTS DERIVED THEREFROM, LYING BELOW A DEPTH
OF 500 FEET FROM THE SURFACE, AS SEVERED IN PRIOR DEEDS OF
RECORD.
ALSO EXCEPTING FROM THAT PORTION OF SAID LAND LYING WITHIN
SECTION 11, TOWNSHIP 29 SOUTH, RANGE 29 EAST, MOUNT DIABLO
MERIDIAN, ALL MINERALS AND MINERAL RIGHTS, INCLUDING OIL, GAS,
ASPHALTUM, AND OTHER HYDROCARBON SUBSTANCES, IN, ON, UNDER AND
ABOUT SAID PREMISES HEREINABOVE DESCRIBED, AS RESERVED
~CE~ INCORPORATED, A CALIFORNIA CORPORATION IN DEED RECORDED
~ER 18, 1913 IN BOOK 285, PAGE 231 OF DEEDS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY.
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 27th day of January , 2000 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 3951 , passed by the
January 2000 and
Bakersfield City Council at a meeting held on the 26th day of
entitled:
An ordinance amending title seventeen of the Bakersfield Municipal Code
and zoning maps No. 104-11 and 104-14 by changing the zoning from a
PUD (Planned Unit Development) zone to an R-1 (One Family Dwelling)
zone on 4.6 acres generally located on the South side of State Route 178,
approximately 300 feet East of Miramonte drive (File #P99-0743).
/s/PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
DEPUT'~ City Clerk ~ --
S:\DOCUMENT~AOPOSTING
January 27, 2000