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Home My WebLink AboutORD NO 4237ORDINANCE NO. AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO. 123-26) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM FROM AN RS-10A (RURAL SUBURBAN - 10 ACRE MINIMUM) ZONE TO AN R-1 (ONE FAMILY DWELLING) ON 20:1: ACRES; LOCATED ON THE EAST SIDE OF STINE ROAD, BETWEEN BERKSHIRE ROAD AND HOSKING AVENUE. (FILE #~4-1621) 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 east side of Stine Road, between Berkshire Road and Hosking Road (as shown on attached Exhibit "B"). WHEREAS, by Resolution No. 10-05 on February 3, 2005 the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change 04-1621 as delineated on attached Zoning Map No. 123-26 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 RS-10A (Rural Suburban - 10 acre minimum) zone to an R-1 (One Family Dwelling) zone on 20_+ 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, 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, a Negative Declaration was advertised and posted on January 14, 2005, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows for Iow density residential uses, 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 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. The Negative Declaration is hereby adopted. "Exhibit A". Such zone change shall be subject to the conditions of approval attached as 4. Such zone change is shown on the vicinity map attached as "Exhibit B". 5. 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. 123-26 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. 2 ......... 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 .......... by the following vote: mHl~ 0 u /UU3 ABSTAIN: ABSENT: COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER COUNClLMEMBER COUNCILMEMBER COUNCILMEMBER PAMELA A. McCARTHY, CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED HARVEY L. HALL Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney LP/S:~.oneChange\04-162 I\CC\Ord-CC.DOC ORIGiNAl EXHIBIT "A" CONDITIONS OF APPROVAL ZONE CHANGE #04-1621 PUBLIC WORKS With the submittal of any development plan, tentative subdivision map, or application for a lot line adjustment, the following shall occur: a. Provide fully executed dedication for Stine Road to arterial standards for the full frontages of the area within the zone change request. Dedications shall include sufficient widths for expanded intersections and additional areas for landscaping as directed by the City Engineer. Submit a current title report with the dedication documents. b. Submit verification to the City Engineer of the existing sewer system's capability to accept the additional flows to be generated through development under the new land use and zoning. c. Submit a comprehensive drainage study. Site any drainage retention facility on the periphery of the zone change area to facilitate future expansion or consolidation of drainage facilities as adjacent areas develops. The study shall be approved and any retention sites and piping systems shall be dedicated to the City Access to Stine Road shall be limited. Access to Stine Road shall be determined at time of division or development. Determination of whether a right turn lane is required at the access street(s) will also be made at the time of division or development. The entire area covered by this zone change shall be included in the Consolidated Maintenance District. The applicant shall pay all fees for inclusion in the Consolidate Maintenance District with submittal of any development plan, tentative subdivision map, Site Plan Review, or application for a lot line adjustment for any portion of this zone change. PLANNING Prior to further subdivision, construction activities or ground disturbance, the applicant shall submit a Cultural Resources field survey to the Planning Department. Mitigation measure as recommended by California Historical Resources Center at Cai State Bakersfield in a letter dated December 1 O, 2004. Wails/fences along Stine Road in front of the existing single family residences may exceed the allowable four foot height for front yard fencing. Wall/fence height shall not exceed six feet from highest adjacent grade. City site line criteria for driveways shall be observed. To provide for the public health, welfare and safety. LP / S3ZoneChange~O4-1621'~XH 1.doc March 9, 2005 T 0 LLI N ZONE CHANGE 04-1621 ZONING MAP 123-26 EXHIBIT D LEGAL DESCRI'PTZON PARCEL 2 OF PARCEL MAP NO. 2665 RECORDED iN PARCEL MAP BOOK 11 AT PAGE 184 AND PARCEL i OF PARCEL MAP NO. 466 RECORDED 1N PARCEL MAP BOOK 4 AT PAGE 199, BOTH ON F~'LE IN THE OFFICE OF THE KERN COUNTY RECORDER, STATE OF CALI'FORNIA. DELMARTER AND DEIFEL ]ames K. Delmanter R/.C.E. 17564 Expires: 6-30-2005 No, 17564 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 31st day of March ,2005 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4237 , passed by the Bakersfield City Council at a meeting held on the 30th day of March, 2005 and entitled: AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO. 123-26) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM AN RS-10A (RURAL SUBURBAN - 10 ACRE MINIMUM) ZONE TO AN R-1 (ONE FAMILY DWELLING) ON 20+ ACRES; LOCATED ON THE EAST SIDE OF STINE ROAD, BETWEEN BERKSHIRE ROAD AND HOSKING AVENUE (FILE fK)4-1621) PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield By: ~ "~'~"~ DEPUTY City"Clerk S:\DOCUMEN~FORMS~OP.ORD.wpd