HomeMy WebLinkAboutORD NO 4209ORDINANCE NO. 4 2 0 9
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION
AND AMENDING SECTION 17.06.020 (ZONE MAP NO. 102-06)
OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL
CODE BY CHANGING THE ZONING FROM FROM DI (DRILLING
ISLAND) ZONE TO AN E (ESTATE) ON 2.5 ACRES; GENERALLY
LOCATED NORTH OF SNOW ROAD, EAST OF THE FRIANT-
KERN CANAL, WEST OF CALLOWAY DRIVE. (FILE #04-0710)
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 north of Snow Road, east of the Friant-Kern Canal, west of
Calloway Drive (as shown on attached Exhibit "B~).
WHEREAS, by Resolution No. 106-04 on August 19, 2004 the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve Zone Change 04-0710 as delineated on attached Zoning Map No.
102-06 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 changes in zoning of the subject
property from a DI (Drilling island) zone to an E (Estate) zone on 2.5 acres 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, an environment analysis was conducted and a Negative Declaration
was adopted for Zone Change 03-1279, of which this zone change is a part, by the City Council
on February 25, 2004; and
WHEREAS,in accordance with CEQA Section 15162, no further environmental
documentation is necessary because no changes to the proposed project are proposed, the
subject project is a portion of the land subject to Zone Change 03-1279 and there are no
substantial changes in cimumstances under which the project will be undertaken and no new
environmental impacts have been identified; and
WHEREAS, the SR (Suburban Residential) general plan designation for this
area allows residential development, with which the E (Estate) zone is consistent; and
WHEREAS, the City Council has considered and hereby makes the following
findings:
All required public notices have been given
The provisions of the California Environmental Quality Act (CEQA) have been
followed.
The public necessity, general welfare and good zoning practice justify the
requested change of zone from the existing zoning district to an E (Estate) zone.
SECTION 1.
as follows:
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield
1. All of the foregoing recitals are hereby found to be true and correct.
2. In accordance with CEQA Section 15162, no further environmental
documentation is necessary.
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 property is shown on Zoning Map. No. 102-06 marked Exhibit
"C" attached hereto and made a part hereof, and are more specifically described in attached
Exhibit "D ".
4. Such zone change is shown on the vicinity map attached as "Exhibit B."
"Exhibit A".
Such zone change shall be subject to the conditions of approval attached as
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.
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
SEP 2 2 2004 by the following vote:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO
COUNClLMEMBER
COUNCILMEMBER
COUNClLMEMBER
SEP 2 2 2004
APPROVED
PAMELA A. McCARTHY, CI~'
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
LP/S:~.oneChange\04-O324\CC\Ord-CC.DOC
3
EXHIBIT "A"
ZONE CHANGE 04-0710
CONDITIONS OF APPROVAL
PLANNING
If during construction activities or ground disturbance, cultural resources are uncovered, the
subdivider shall stop work and retain a qualified archeologist for further study. Subdivider shall
notify the proper authorities and be subject to any mitigation measures required of the
archeologist. (Recommendation of archaeological study prepared by Robert A. Schiffman dated
November 1995).
If human remains are discovered at any time on the project site, work shall halt and the Kern
County Coroner shall be notified immediately (Section 7050.5 of the Health and Safety Code) and
the local Native American community, shall be notified. (Recommendation of archaeological study
prepared by Robert A. Schiffman dated November 1995).
S:~ZoneChange~O4-O 710~EX1.DOC
September 6, 2004
ILl
Z
!XHIBIT B
uJ
LIJ
..
ZONE CHANGE 04-0710
ZONING MAP 102-06
EXHIBIT D
ZONE CHANGE LEGAL DESCRIPTION
PROPOSED E ZONE (FROM DI ZONE)
ALL THAT PROTION OF SECTION 6, TONWSHIP 29 SOUTH, RANGE 27 EAST,
M.D.M. COUNTY OF KERN STATE OF CALIFORNIA BEING DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 6, MARKED
BY A KERN COUNTY SURVEYORS CONCRETE MOUNUMENT IN A
LAMPHOLE, MAKRED FOR THE SECTION CORNER, AS SHOWN ON RECORD
OF SURVEY BOOK 15 AT PAGE 84 1N THE OFFICE OF THE KERN COUNTY
RECORDER. THENCE S 50°15'40" E, 2072.70 FEET TO THE NORTHWEST
CORNER OF PARCEL 5 OF PARCEL MAP WAIVER NO. 10-95 AS EVIDENCED
BY CERTIFICATE OF COMPLIANCE RECORDED NOVEMBER 21, 1996 AS
DOCUMENT NO 096151074, OFFICIAL RECORDS OF KERN COUNTY AND THE
TRUE POINT OF BEGINNING;
THENCE
S 89°50'50"E ALONG THE NORTH LINE OF SAID PARCEL 5,
329.11 FEET
THENCE S 00009' 10' W, 329.00 FEET
THENCE
N 89o50'50'' W, TO THE EASTERLY BOUNDARY OF THE FR1ANT-
KERN CANAL, 340.07 FEET;
THENCE N 04"23'15" E, ALONG SAID EASTERLY BOUNDARY, 195.82 FEET
THENCE
CONTINUING ALONG SAID EASTERLY BOUNDARY,
N01 °20'45"W, 133.76 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINS 2.50 ACRES
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SS,
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 22nd day of September, 2004 she posted on the Bulletin Board at
City Hall, a full, true and correct copy of the following: Ordinance No. 4209 , passed by
day of September, 2004
the Bakersfield City Council at a meeting held on the 22nd
and entitled:
AN ORDINANCE ADOPTING A NEGATIVE
DECLARATION AND AMENDING SECTION '17.06.020
(ZONE MAP NO. 102-06) OF TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE BY CHANGING THE
ZONING FROM DI (DRILLING ISLAND) ZONE TO AN E
(ESTATE) ON 2.5 ACRES; GENERALLY LOCATED
NORTH OF SNOW ROAD, EAST OF THE FRIANT-KERN
CANAL, WEST OF CALLOWAY DRIVE. (FILE ft04.0710)
/si PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
/,DEPUTY ~ity Clerk