HomeMy WebLinkAboutORD NO 3976ORDINANCE NO. ~ 9 7 6
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 123-
18 BY CHANGING THE ZONING FROM PUn TO R-1 ON 65,44
ACRES GENERALLY LOCATED SOUTH OF CAMPUS PARK
DRIVE AND WEST OF OLD RIVER ROAD (FILE# ZC P00-
0235).
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 south of Campus Park Drive and west of Old River Road; and
WHEREAS, by Resolution No. 61-00 on June 15, 2000, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve ZC P00-0235 as delineated on attached Zoning Map No. 123-18,
marked Exhibit "A", 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 PUn to R-1 and the
Council has considered said findings and all appear te be true and correct; and
WHEREAS, the law and reguaations 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 May 2, 2000,
in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows R-1 (One Family
Dwelling) development; and
WHEREAS, the City Council has considered and hereby makes the following
findings:
1. All required public notices have been provided.
The provisions of the California Environmental Quality Act have been
met.
The proposed project would not have a significant effect on the
environment.
4. The proposed project is consistent with the surrounding land uses.
The proposed project is consistent with the Metropolitan Bakersfield
2010 General Plan.
The requirement for fencing Buena Vista Canal is necessary~,9~Rcm/,tect
the public health, safety, and welfare. q~ 4,,~
ORi(~!~NAL
The requirement for a second lane to be improved in front of that portion
of land at the southeast corner of Campus Park Drive and Mountain
Vista Drive (i.e., the 10.03 acre proposed school site) is necessary to
protect the public health, safety, and welfare.
The requirement for building setback and disclosure to future property
owners regarding the existing high pressure gas pipeline and the
disclosure regarding proximity to agricultural activities are necessary for
the public health, safety, and welfare.
Based on the absence of evidence in the record as required by Section
21082.2 of the State of California Public Resources Code (CEQA) for
the purpose of documenting significant effects, it is the conclusion of the
Lead Agency that this project will result in impacts that fall below the
threshold of significance with regard to wildlife resources and, therefore,
must be granted a "de minimis" exemption in accordance with Section
711 of the State of California Department of Fish and Game Code.
Additionally, the assumption of adverse effect is rebutted by the above-
reference absence of evidence in the record and the Lead Agency's
decision to prepare a Negative I:::)eclaration for this project.
10. The conditions of approval was appealed by the app~icant.
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.
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The Negative Declaration for ZC P00-0235 is hereby approved and
adopted.
3. The appeal by the applicant is hereby denied.
4. 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.
123-18, marked Exhibit "A" attached hereto and made a part hereof, and are more specifically
described in attached Exhibit "B ".
5. Such zone change is hereby made subject to the conditions of approval
listed in attached Exhibit "C", subject to approval of General Plan Amendment P00-0235.
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.
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2
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 August 30, 2000, by
the following vote:
AYES: COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, GREEN, SULLIVAN, SALVAGGIO
NOES: COUNCILMEMBER .-~.
ABSTAIN: COUNCILMEMBER ~
ABSENT: COUNCILMEMBER ~
APPROVED AUG 3 0
BOB !~IC~E~/~''
MAYOR of the City of Bakersfield
APPROVED as to form:
BART THILTGEN
City Attorney
By: ~
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CITY OF BAKERSFIELD
ZONING MAP 125-18
SEC IB T 30s RZTE
LEGEND
EXHIBIT 19 '
ZONE CHANGE
LEGAL DESCRIPTION
PROPOSED R-1 ZONE (FROM P.U.D.)
ALL THAT PORTION OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF
SECTION 18, TOWNSHIP 30 SOUTH, RANGE 27 EAST, M.D.M., CITY OF
BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, BEING DESCRIBED AS
FOLLOWS:
COMMENCING AT THE EAST QUARTER COPdNER OF SAID SECTION 18, THENCE
SOUTH 00°59'01'' WEST ALONG THE EAST LINE OF SAID NORTH HALF A DISTANCE
OF 159.59 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH
00°59'01"WEST ALONG SAID EAST LINE A ]DISTANCE OF 1161.56 FEET TO THE
SOUTHEAST CORNER OF SAID NORTH HALF; THENCE NORTH 89"13'11" WEST
ALONG THE SOUTH LINE OF SAID NORTH HALF A DISTANCE OF 2589.88 FEET TO A
POINT ON THE EASTERLY RIGFIT-OF~WAY LINE OF MOUNTAIN VISTA DRIVE, SAID
POINT ALSO BEING THE EAST LINE OF THE WEST 45.00 FEET OF SAID NORTH
HALF; THENCE NORTH 00°55'44"EAST ALONG SAID EAST LINE A DISTANCE OF
649.72 FEET; THENCE DEPARTING FROM SAID EAST LINE, SOUTH 89°05'29" EAST,
724.05 FEET; THENCE NORTH 00°46'17" EAST, 591.47 FEET TO A POINT ON THE
SOUTHERLY RIGHT-OF-WAY LINE OF CAMPUS PARK AND THE BEGGING OF A
NON-TANGENT CURVE CONCAVE NORTHEP-.LY, HAVING A RADIUS OF 2045.00
FEET, FROM WHICH POINT A RADIAL LINE BEARS NORTH 00046'32" WEST;
THENCE ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF CAMPUS PARK DRIVE,
THE FOLLOWING THREE (3) COURSES:
1) EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05°01'16"
AN ARC LENGTH OF 17921 FEET; THENCE
2) NORTH 84°12'12'' EAST, 404.91 FEET TO THE BEGgING OF A CURVE
CONCAVE SOUTHERLY, HAVING A RADIUS OF 1955.00 FEET; THENCE
3) EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 16°32'18"
AN ARC LENGTH OF 564.31 FEET; IITENCE SOUTH 77°58'42"EAST, 569.93
FEET
TO THE BEGgING OF A NON-TANGENT CURVE CONCAVE NORTHERLY, HAVING
A RADIUS OF 1571.65 FEET, FROM WHICH POINT A RADIAL LINE BEARS NORTH
07002'53" EAST; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 06°04'32" AN ARC DISTANCE OF 166.65 FEET TO THE POINT OF
BEGINNING.
CONTAINING 64.64 ACRES.
Q:~ROJECTS\6818.02~LEGALS'xR-IZONE.DOC/JLMJ3-2-00
EXHIBIT C
ZONE CHANGE P00-0235
CONDITIONS OF APPROVAL
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P.G.&E. shall be consulted concerning protectlion of their gas transmission line
regarding any grading or improvement plan approval. Written approval from P.G.&E.
shall be submitted with grading and improvement plan application. Grading plan
approval is required prior to grading.
The City desires to form a Planned Drainage Area (PDA) over Section 18. The
applicant shall cooperate in the formation of the PDA, which may include dedication of
drainage easements and retention basin sites and the submission of soils reports with
percolation tests to the City Engineer. In the event that neighboring property owners
are unwilling to participate in the PDA, the PDA may be reconfigured and approvals of
subdivision maps within the GPNZC will not be withheld. If the drainage study for the
north half of the southeast quarter of the section is proposed to be revised, then that
shall be accomplished also.
The construction of Campus Park Drive shall be done in no more than three segments,
and shall include a second lane in front of that portion of land at the southeast corner of
Campus Park Drive and Mountain Vista Drive (,proposed school site). Construction of
the parking lane, curb, gutter and sidewalk will not be required with this GPNZC, but
provisions for adequate drainage must be made. if the subject 10.03 acre school site,
located at the southeast corner of Campus Pa~rk Drive and Mountain Vista Drive, is sold
to a non-governmental agency, the applicant shall be reimbursed by the developer of
the site for improvements associated with construction of the second lane.
The following shall apply with the first division:
Construct Old River Road to arterial standards along the zone change frontage.
Construct Mountain Vista Drive from Earl Warren Junior High to Campus Park
Drive. Improvements shall include a second northbound lane in front of the
proposed school site. If the subject 10.03 acre school site, located at the
southeast corner of Campus Park Drive and Mountain Vista Drive, is sold to a
non-governmental agency or the City of Bakersfield, the applicant shall be
reimbursed by the developer of the site, for improvements associated with
construction of the second lane.
Traffic signal interconnect conduit shall be installed in Campus Park Drive. The joint
utility trench may be utilized if availabBe.
The P.G.&E. gas transmission pipeline shall be shown on any development plan or
10.
11.
subdivision map within which it is located, and necessary construction measures shall
be taken to preserve the integrity of the line.
No habitable portion of a structure shall be buiBt within 50 feet of the P.G.&E. gas
transmission pipeline.
Prior to or concurrently with filing of a final map, a covenant shall be recorded on all
lots, or portion thereof, which are within 250 feet of the P.G .&E. gas transmission line.
The covenant shall acknowledge the proximity of the pipeline and pipeline easement to
said property and describe the name, type, and dimension of the pipeline. Prior to
recordation, the subdivider shall submit and obtain approval of the covenant wording
with the City Attorney, Fire Safety Control Division, and City Engineer.
Prior to recordation of or concurrently with a final map located within 250 feet of an
agricultural zone, the subdivider shall record a covenant on said lots that discloses the
proximity of the agricultural zone, and possibility of noise, odor, and chemical activity as
a result of agricultural use.
Either the applicant shall provide a letter signed by the Panama-Buena Vista School
District permitting the City of Bakersfield to change the zone from A to R-1 on the 10.03
acre parcel located at the southeast corner of Campus Park Drive and Mountain Vista
Drive (APN: 394-010-39) or the standard setback between residential dwellings and the
agricultural zones must be applied per Section 17.08.150 of the Zoning Ordinance.
If there are homes within a 1/4 mile of Buena Vista Canal and no block wall has been
established, the canal shall be fenced with a 6' high chain link fence.
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 31 th day of August , 2000 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 3976 , passed by the
30th day of August 2000 and
Bakersfield City Council at a meeting held on the
entitled:
AN ORDINANCE AMENDING TITLE-'_ SEVENTEEN OF THE BAKERSFIELD
MUNICIPAL CODE AND ZONING MAP NO. 123-18 BY CHANGING THE
ZONING FROM PUD TO R-1 ON 65.44 ACRES GENERALLY LOCATED
SOUTH OF CAMPUS PARK DRIVE AND WEST OF OLD RIVER ROAD
(FILE # ZC P00-0235).
/s/PAMELA A. MCCARTHY
City Clerk of the City of Bakersfield
S:\Document\FORMS~AOP.ORD.wpd
August 31,2000