HomeMy WebLinkAboutORD NO 4208ORDINANCE NO. ~ ~ 0 8
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION
AND AMENDING SECTION 17.06.020 (ZONE MAP NO. 103-'13)
OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL
CODE BY CHANGING THE ZONING FROM FROM AN R-2
(LIMITED MULTIPLE FAMILY DWELLING) ZONE TO AN R-I (ONE
FAMILY DWELLING) ON 8.96 ACRES; LOCATED ON THE
SOUTH SIDE OF PALADINO DRIVE, BETWEEN FAIRFAX
ROAD AND MORNING DRIVE. (FILE #04-0650)
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 Paladino Road, between Fairfax Road and
Morning Drive (as shown on attached Exhibit "B").
WHEREAS, by Resolution No. 97-04 on July 15, 2004 the Planning Commission
recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code
to approve Zone Change 04-0650 as delineated on attached Zoning Map No. 103-13 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 an R-2 (Limited Multiple Family Dwelling) zone to an R-1 (One Family Dwelling) zone
on 8.96 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 VTM 6202, of which this zone change is a part, by the Planning Commission
on January 15, 2004; and
WHEREAS,in accordance with CEQA Section 15162, no further environmental
documentation is necessary because no changes to the proposed project ara proposed, the
subject project is a portion of VTM 6202 and there are no substantial changes in circumstances
under which the project will be undertaken and no new environmental impacts have been
identified; and
WHEREAS, the general plan designation for this area allows residential
development, with which the R-1 (One Family Dwelling) zone is consistent; and
WHEREAS, the City Council has considered and hereby makes the following
findings:
1. All required public notices have been given
2. 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 R-1 (One Family
Dwelling) 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.
Such zone change shall be subject to the conditions of approval attached as
"Exhibit A".
4.
5.
Such zone change is shown on the vicinity map attached as "Exhibit B".
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. 103-13 marked Exhibit
"C" attached hereto and made a part hereof, and are more specifically described in attached
Exhibit "D"
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.
......... 000 .........
the
I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by
C~O~pnCil of the City of Bakersfield at a regular meeting thereof held on
2 2 2004 by the following vote:
ABSTAIN:
ABSENT:
COUNCiLMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO
COUNClLMEMBER
COUNCILMEMBER
COUNCILMEMBER
PAMELA A. McCARTHY, CI~
CITY CLERK and Ex Officio Olerk of the
Council of the City of Bakersfield
APPROVED SEP 2 ~. 2004
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
LP/S:~ZoneChange\04-0324\CC~Ord-CC.OOC
3
EXHIBIT "A"
ZONE CHANGE 04-0650
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
amheologist. (Recommendation of archaeological study prepared by Hudlow Cultural Resources
dated November 2003).
S:~ZoneChangetO4-O650tE. X1.DOC
September 6 2004
0
0
I
0
B
EXHIBIT C
ZONE CHANGE 04-0650
ZONING MAP I0:~"~ 3 ; ;
}
EXHIBIT D
A portion of the South 55 acres of the East one-half of the Northwest one-quaAer of Section 13,
Township 29 South, Range 28 East, M.D.B. & M., more particularly described as follows:
Beginning at the northeast corner of said 55-acre parcel which point lies 1,823.79 feet noah of
the center of said Section 13;
Thence South 00°01'53" East, 1,378.27 feet more or less to a point on the east line of said
northwest one-quarter;
Thence North 64°27'49'' West, 229.69 feet more or less to the East dght of way of a proposed
future street Said intersection being a point on a curve concave to the northwest and having a
radius of 540.00 feet;
Thence along the arc of said curve through a central angle of 8°42'32'', 82.08 feet;
Thence North 70°28'50" West, 137.17 feet;
Thence North 00o01'53'' West, 156.59 feet more or less to the centedine of a proposed further
street;
Thence along said centedine South 89°58'07" West, 24.41 feet;
Thence North 00001'53'' West, 998.95 feet more or less to the noah line of said 55-acre parcel;
Thence along the noah line of said 55-acre parcel, NoAh 89042'34'' East, 330.57 feet more or
less to the Point of Beginning.
Containing +8.96 acres
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
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 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. 4208 , passed by
the Bakersfield City Council at a meeting held on the 22nd day of September, 2004
and entitled:
AN ORDINANCE ADOPTING A NEGATIVE
DECLARATION AND AMENDING SECTION 17.06.020
(ZONE MAP NO. 103-13) OF TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE BY CHANGING THE
ZONING FROM AN R-2 (LIMITED MULTIPLE FAMILY
DWELLING) ZONE TO AN R-1 (ONE FAMILY
DWELLING) ON 8.96 ACRES; LOCATED ON THE
SOUTH SIDE OF PALADINO DRIVE, BETWEEN
FAIRFAX ROAD AND MORNING DRIVE. (FILE ft4)4-0650)
/si PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
0 DEPU'r~ City Clerk