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HomeMy WebLinkAboutORD NO 3955ORDINANCE NO. 3 9 5 5 AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 101-34 BY CHANGING THE ZONING OF CERTAIN PROPERTY IN THE CITY OF BAKERSFIELD GENERALLY LOCATED ON THE WEST SIDE OF RENFRO ROAD, SOUTH OF JOHNSON ROAD, ON THE NORTH SIDE OF THE FUTURE KERN RIVER FREEWAY ALIGNMENT FROM A (AGRICULTURE) TO R-I (12,000), R-1-(10,000) AND R-1 (8,500) - (ONE FAMILY DWELLING) 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 west side of Renfro Road, south of Johnson Road, on the north side of the future Kern River Freeway alignment; and WHEREAS, by Resolution No. 208-99 on December 16, 1999, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve a change from A (Agriculture) to R-1 (12,000), R-1-(10,000) and R-1 (8,500) - (One Family Dwelling) as delineated on attached Zoning Map No. 101-13 marked Exhibit "2", 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 (Agriculture) to R-1 (12,000), R-1-(10,000) and R-1 (8,500) - (One Family Dwelling) Dwelling), the Council has considered said findings and all appear to be true and correct; and WHEREAS, for the above-described project, it was determined that the proposed project is exempt from CEQA pursuant to Section 15061 (b)(3) of the CEQA Guidelines (General Rule), as this project represents a minor extension of existing zoning districts; and WHEREAS, there is no possibility that the proposal could have a significant on the environment; therefore, an Notice of Exemption has been prepared by staff; and WHEREAS, the general plan designation for this area allows Low Density Residential development, subject to approval of General Plan Amendment P99-0867, and the requested R-1 zoning is consistent with this land use designation; and WHEREAS, the City Council has considered and hereby makes the following findings: 1. All required notices have been given. 2. The project has been found to be exempt from the requirements of CEQA pursuant to the General Rule. 3. The proposed zone change constitutes a minor extension of an existing residential zoning districts onto a "remnant" land parcel no longer required for future public right-of-way needs. 4. Approval of the zone change would allow for the logical and consistent development of the adjoining property in a manner consistent with surrounding and projected land uses in the vicinity. 5. There is an adequate level of circulation access and public facilities available in the project vicinity to support the proposed land uses and lot sizes. 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. 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. 101-34 marked Exhibit "2" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "3". 3. Such zone change is hereby made subject to the conditions of approval listed in attached Exhibit "1". SECTION 2. This ordinance shall be posted in accordance with provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. ......... 000 ......... 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 FEB 23 ;~000 , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, F, OWL~S-, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNClLMEMBER P~ COUNCILMEMBER ~)g,~..~,._ .~ CITY CLERK and Ex Officio Clerk ~f the Council of the City of Bakersfield V APPROVED FEB ~3 2000 BO~'PRICE MAYOR of the City of Bakersfield APPROVED AS TO FORM: BART J. THILTGEN City Attorney MJM: S:\OZC-0867.CC EXHIBIT "1" Concurrent General Plan Amendment/Zone Change P99-0867 Mitigation Measures/Conditions of Approval Prior to submittal of a tentative map on the site, a qualified amhaeologist shall complete an archaeological study in compliance with the California Environmental Quality Act. All measures recommended by such study shall be completed prior to recordation of the tract map. In the event that human remains are discovered, the County Coroner shall be contacted. Within 30 days of completion of such field work a technical report should be submitted to the Archaeological Information Center. Proof of compliance with any recommendations resulting from such evaluation, if required, shall be submitted to the Southern San Joaquin Valley Archaeological Information Center (AIC) at California State University, Bakersfield, and to the City of Bakersfield Development Services Department. Future development on the site shall be subject to the Phase II Regional Impact Fee program for traffic facilities mitigation, as determined by the Traffic Engineer. Future development on the site shall provide for installation of minimum six foot high masonry wall screening with an adequate landscaped buffer strip along the northerly (Johnson Road) and easterly (Renfro Road) boundaries. Wall and landscape design shall be subject to review and approval in accordance with the provisions of Section 16.28 of Title 16, Bakersfield Municipal Code (Subdivisions). S:\P99-0867-cond-! R*$ E A TO R-1(8,600).~F--~ N o3: ITl CITY OF BAKERSFIELD ZONING MAP 101-:54 SEC 34 · 29s. R.Z6E. LEGEN0 ........ 7~( CNST~ICT ~O&~r EXHIBIT 3 ZONE CHANGE CASE P99-0867 A TO R-1-12,000, R-1-10,000 AND R-1..8,500 LEGAL DESCRIPTION ALL THAT PORT[ON OI= THE NORTHEAST 1,& OF THE SOUTHEAST ¥,~ OF SECT'[OI~ 34t TOWNSHIP 29 SOLrrHt RANGE 2.6 EAST~ M.D.M., [N THE CITY OF BAKERS~ELD, CZ)UNTY OF KT:RN, STATE OF CALI~P-~ AI~I~NG 'TO THE OFFZCLaJ_ PLAT THET-,EOf:~ LYING NORTHERLY OF THE NORTHERLY BOUNDARY Il'NE OF THE KERN R_rVER FREEWAY AIEGNNENT DESCRZBED IN THE DEED RECORDED NOVEMBER 25, 1992 IN BOOK 6768 AT PAGE 1488 IN THE OFF[CE OF THE KERN (XXINTY REC~RDr~ SMD LAND ALSO BEZNG A PORT[ON OF PARCEL"A# OF LOT I.~IE AD.1USTHENT No. 353 PER THE CER'I'ffICATE OF COHPt.IANCE RECORDED HAY 26, ~.gg4 IN BOOK 7039 AT PAGE :t~.38 AND REGORDED .1ULY 2~., ~.994 [N 6OOK 7063 AT PAGE 672 BOTH OF OFF'JCLa, L ~ IN THE OFF[CE OF THE KERN COUNTY RECORDER, HORE PART[CULARLY DESCRZBED AS FOLLOWS: COMMENCZNG AT THE FAST 1/4 CORNER OF SA[D SECT[ON :34; THENCE SOUTHERLY ALONG THE EAST ItNE OF SA~D SOUTHEAST 1/4 (MORE (DOMMONLY K~IOWN AS THE CENTERL[NE OF RENFRO ROAD)~. 65.00 FEET TO THE TRUE POINT OF BEGINNING; THERCE NORTH 89e36'47'"WEST, A DISTANCE OF 55.00 FEEl*TO THE BE*'G~NNING OF A CURVE, CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 4iX).00 FEET; (2) THENCE SOUTHWESTERLY ALONG SA.ID CURVE, THROUGH A CENTRAL ANGLE OF 5201b"57'', AN ARC DtS'TANCE OF 365.00 FEET; THENCE SOUTH 38~06'16" WEST, A DL,~I'ANCE OF 657.04 FEETTO THE NORTHERLY BOUNDARY I-[NE OF SA/,D KERN RIVER FREEWAY (4) THENCE NORTH 73e48'2S' EAST ALONG SA_1D NOl~,! HERLY BOUNDARY L1NE, A D~STANCE OF 70Z.57 FEET; (S) THENCE NORTH 05~28q-3'' EAST ALONG SMD NORTHERLY BOUNDARY ~NE, A DISTANCE OF 45L.6! FEET; (7) THENCE NORTH 00eZ1,Z3,, EAST ALONG SAZD EAST LZNF.,. A DZST-ANCE OF 2q.72 FEET MORE OR LESS TO THE 'TRUE POINT OF BEG~NNZNG. 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 24th day of February , 2000 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3955 , passed by the Bakersfield City Council at a meeting held on the 23rd day of February 2000 and entitled: AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 101-34 BY CHANGING THE ZONING OF CERTAIN PROPERTY IN THE CITY OF BAKERSFIELD GENERALLY LOCATED ON THE WEST SIDE OF RENFRO ROAD, SOUTH OF JOHNSON ROAD, ON THE NORTH SIDE OF THE FUTURE KERN RIVER FREEWAY ALIGNMENT FROM A (AGRICULTURE) TO R-1 (12,000), R-1 (10,000) AND R-1 (8,500)-(ONE FAMILY DWELLING). /si PAMELA A. McCARTHY City Clerk of the City of Bakersfield DEPUTY City Clerk ~ ~ S:\DOCU ME NT~AOPOSTING February 24, 2000