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*$
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A TO R-1(8,600).~F--~
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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