HomeMy WebLinkAboutORD NO 4238ORDINANCE NO. 4 e~ ~ 8
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION
AND APPROVING THE PROPOSED AMENDMENT TO
SECTION 17.06.020 (ZONE MAP NOS. 104-17, 104-18, 104-19,
and 104-20) OF TITLE SEVENTEEN OF THE BAKERSFIELD
MUNICIPAL CODE TO CHANGE THE ZONING OF CERTAIN
PROPERTY IN THE CITY OF BAKERSFIELD FROM C-2
(REGIONAL COMMERCIAL) TO R-1 (ONE FAMILY DWELLING)
ON 16.02 ACRES, C-2 TO R-3 (LIMITED MULTIPLE-FAMILY
DWELLING) ON 6.01 ACRES, R-2 TO C-2 ON 11.81 ACRES, R-
I TO C-2 ON 7.20 ACRES, AND R-1 TO R-3 ON 0.26 ACRES,
WEST OF MASTERSON STREET, BETWEEN PALADINO
DRIVE AND HWY 178 (FILE# ZC 03-0746).
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 for certain property in the City of Bakersfield located
west of Masterson Street, between Paladino Drive and Hwy 178 (Exhibits "A(1)", "A(2)", "A(3)",
& "A(4)"), and more specifically described in Exhibit "B"; and
WHEREAS, for the above-described proposal, an Initial Study was conducted and it was
determined that the proposed project would not have a significant effect on the environment,
and, therefore, a Negative Declaration was prepared and posted on November 17, 2004, in
accordance with CEQA; and
WHEREAS, the law and regulations relating to the preparation and adoption of Negative
Declarations, as set forth in CEQA and the City of Bakersfield's CEQA Implementation
Procedures, have been duly followed by city staff, the Planning Commission, and this Council;
and
WHEREAS. by Resolution No. 194-04 on December 16, 2004, the Planning
Commission approved the adoption of an ordinance amending Title 17 of the Municipal Code to
approve Zone Change No. 03-0746 as delineated on attached Zoning Map Nos. 104-17, 104-
18, 104-19, and 104-20, marked Exhibits "A(1 )", "A(2)", "A(3)", & "A(4)", respectively, and this
Council has fully considered the Planning Commission's recommendation as set forth in that
Resolution; and
WHEREAS, the City Council has considered and hereby makes the following
findings:
1. All above recitals are true and correct.
2. The provisions of the California Environmental Quality Act have been met.
The proposed project would not have a significant effect on the
environment.
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 711.4 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 Declaration for this project.
SECTION 1.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as
follows:
The above recitals and findings are true and correct and constitute the Findings
of the Council, incorporated herein.
The Negative Declaration for Zone Change No. 03-0746 is hereby adopted.
The proposed amendment to Section 17.06.020 (Zoning Map) of the Municipal
Code of the City of Bakersfield be and the same to change the land use zoning
from C-2 (Regional Commercial) to R-1 (One Family Dwelling) on 16.02 acres,
C-2 to R-3 (Limited Multiple-Family Dwelling) on 6.01 acres, R-2 to C-2 on
11.81 acres, R-1 to C-2 on 7.20 acres, R-1 to R-3 on 0.26 acres (File# ZC 03-
0746) of that certain property in said City, the boundaries of which property is
shown on Zoning Map Nos. 104-17, 104-18, 104-19, and 104-20, marked
Exhibits "A(1 )", "A(2)", "A(3)", & "A(4)", respectively, attached hereto and made
a part hereof, and more specifically described in attached Exhibit "B", with
conditions of approval as proposed in Exhibit "C" is hereby approved and
adopted.
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 .........
2
ORiGINAl
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 MAR ~ 0 200~, 2005, by
the fo~towing vote:
AYES: COUNCIL MEMBER BENHAM, CARSON, COUCH, HANSON, MAGGARD, SALVAGGIO, SULLIVAN
NQES: COUNCIL MEMBER
ABSTAIN: COUNCIL MEMBER
ABSENT: COUNCIL MEMBER
PAMELA A. McCARTHY, ~IC
CiTY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
xhibits Attached:
Exhibits A(1), A(2), A(3), & A(4) - Zone Change Maps
Exhibit B - Legal Description
Exhibit C - Conditions of Approval
S:\GPA 4th 2004\03-0746\OZC-CC. 03-0746.DOC
ORIGINAL
EXHIBIT A(1)
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EXHIBIT A(2)
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EXHIBIT A(3)
EXHIBIT A(4)
EXHIBIT B
LEGAL DESCRIPTION FOR ZC 03-0746
PROPOSED R-3 (FROM C-2)
ALL THAT PORTION OF SECTIONS 18 AND 19, TOWNSHIP 29 SOUTH, RANGE 29 EAST, M.D.M.,
CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, BEING DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 19; THENCE SOUTH 00:'22'46"
WEST, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION, A
DISTANCE OF 281.18 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE
NORTHERLY, HAVING A RADIUS OF 4,875~00 FEET, FROM WHICH POINT A RADIAL LINE
BEARS NORTH 04°21'56" WEST, SAID POINT ALSO BEING ON THE NORTHERLY RIGHT-OF-
WAY LINE OF STATE ROUTE 178; THENCE WESTERLY ALONG SAID CURVE AND SAID
NORTHERLY RIGHT-OF-WAY LINE, THROUGH A CENTRAL ANGLE OF 04009'03'', AN ARC
DISTANCE OF 353.17 FEET; THENCE SOUTH 89°47'42" WEST, CONTINUING ALONG SAID
NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 30.94 FEET; THENCE DEPARTING SAID
NORTHERLY LINE, NORTH 00028'22" EAST, A DISTANCE OF 403.07 FEET; THENCE NORTH
25°40'11" EAST, A DISTANCE OF 409.99 FEET; THENCE SOUTH 89039'39'' EAST, A DISTANCE
OF 208.58 FEET TO A POINT ON THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID
SECTION 18; THENCE SOUTH 00°28'09" WEST, ALONG THE EAST LINE OF SAID SOUTHEAST
QUARTER, A DISTANCE OF 475.96 FEET TO THE POINT OF BEGINNING.
CONTAINING 601 ACRES, MORE OR LESS.
PROPOSED R-1 (FROM C-2)
ALL THAT PORTION OF SECTION 18, TOWNSHIP 29 SOUTH, RANGE 29 EAST, M.D.M., CITY OF
BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 18; THENCE NORTH 00o28'09"
EAST, ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION, A
DISTANCE OF 475.96 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID EAST
LINE, NORTH 89"39'39" WEST, A DISTANCE OF 208.58 FEET; THENCE NORTH 25°40'11" EAST,
A DISTANCE OF 405.21 FEET; THENCE SOUTH 57°06'01" EAST, A DISTANCE OF 42.71 FEET TO
A POINT ON THE EAST LINE OF SAID SOUTHEAST QUARTER; THENCE SOUTH 00028'09.'
WEST, ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 343.27 FEET
TO THE POINT OF BEGINNING.
CONTAINING 1.02 ACRES, MORE OR LESS.
PROPOSED R-3 {FROM R-l)
ALL THAT PORTION OF SECTION 18, TOWNSHIP 29 SOUTH, RANGE 29 EAST, MD.M, CITY OF
BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 18; THENCE NORTH 00°28'09"
EAST, ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION, A
DISTANCE OF 475.96 FEET; THENCE DEPARTING SAID EAST LINE, NORTH 89°39'39'' WEST, A
DISTANCE OF 208.58 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 25°40'11" WEST, A
DISTANCE OF 103.96 FEET; THENCE NORTH 64°19'49" WEST, A DISTANCE OF 219.63 FEET;
THENCE SOUTH 89"'39'39" EAST, A DISTANCE OF 242.99 FEET TO THE POINT OF BEGINNING.
CONTAINING 0.26 ACRES, MORE OR LESS.
p:kPROJECTS\00112~LEGALS\0112ZC21 .DOC JLM 10/21/04.
EXHIBIT B
LEGAL DESCRIPTION FOR ZC 03-0746
(CONTINUED)
PROPOSED C-2 (FROM R-l)
ALL THAT PORTION OF sEcTiON 17, TOWNSHIP 29 SOUTH, RANGE 29 EAST, M.D.M., CiTY OF
BAKERSFIELD, cOUNTY OF KERN, STATE OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 17; THENCE NORTH
00°28'09" EAST, ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION, A
DISTANCE OF 819.23 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH
00°28'09" EAST, ALONG SAID WEST LINE, A DISTANCE OF 502.61 FEET; THENCE DEPARTING
SAID WEST LINE, SOUTH 89031'51" EAST, A DISTANCE OF 460.08 FEET TO THE BEGINNING
OF A CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 2,000.00 FEET; THENCE
EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 06°16'59"; AN ARC
DISTANCE OF 219.32 FEET; THENCE SOUTH 07°27'40" EAST, A DISTANCE OF 187.51 FEET;
THENCE SOUTH 52°33'10" WEST, A DISTANCE OF 160.46 FEET TO THE BEGINNING OF A
CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1,500.00 FEET; THENCE
SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 19°39'11"; AN ARC
DISTANCE OF 514.52 FEET; THENCE NORTH 57"06'01" WEST, A DISTANCE OF 277.18 FEET TO
THE POINT OF BEGINNING.
CONTAINING 7.20 ACRES, MORE OR LESS.
pROPOSED C-2 (FROM R-2)
ALL THAT PORTION OF SEL;TIONS 17 AND 20, TOWNSHIP 29 SOUTH, RANGE 29 EAST, M.D.M.,
CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, BEING DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 17; THENCE NORTH
00028'09" EAST, ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SAiD SECTION, A
DISTANCE OF 819.23 FEET; THENCE DEPARTING SAID WEST LINE, SOUTH 57°06'01" EAST, A
DISTANCE OF 277.18 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE
SOUTHEASTERLY, HAVING A RADIUS OF 1,500.00 FEET FROM WHICH POINT A RADIAL LINE
BEARS SOUTH 57006TM" EAST; THENCE NORTHEASTERLY ALONG SAID CURVE, THROUGH A
CENTRAL ANGLE OF 14043'15", AN ARC DISTANCE OF 385.39 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUING NORTHEASTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 04055'56", AN ARC DISTANCE OF 129.13 FEET; THENCE NORTH 52°33'10"
EAST, A DISTANCE OF 160.46 FEET; THENCE SOUTH 37026'50" EAST, A DISTANCE OF 1,328.10
FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHERLY, HAVING A
RADIUS OF 4,875.00 FEET FROM WHICH POINT A RADIAL LINE BEARS NORTH 22052'15''
WEST, SAID POINT ALSO BEING ON THE NORTHERLY RIGHT-OF-WAY LINE OF STATE ROUTE
178; THENCE WESTERLY ALONG SAiD CURVE AND SAID NORTHERLY LINE, THROUGH A
CENTRAL ANGLE OF 09032'32", AN ARC DISTANCE OF 811.89 FEET; THENCE DEPARTING
SAID NORTHERLY LINE, NORTH 00028'22" EAST, A DISTANCE OF 121.48 FEET TO A POINT
THE BEGINNING OF A CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 500.00
FEET; THENCE NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF
52°04'48"; AN ARC DISTANCE OF 454.48 FEET; THENCE NORTH 52033'10'' EAST, A DISTANCE
OF 6.63 FEET; THENCE NORTH 37°26'50" WEST, A DISTANCE OF 765.33 FEET TO THE POINT
OF BEGINNING.
CONTAINING 11.81 ACRES, MORE OR LESS.
p :~RO.IECTS\00112~LEGALS\0112ZC21.DOC .ILM 10/21/04
,G,NA
EXHIBIT B
LEGAL DESCRIPTION FOR ZC 03.0746
(CONTINUED)
PROPOSED R-1 (FROM C-2)
ALL THAT PORTION OF SECTION 17, TOWNSHIP 29 SOUTH, RANGE 29 EAST, M.DM., CITY OF
BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 17; THENCE NORTH
00°21'53" EAST, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION, A
DISTANCE OF 725.67 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID EAST
LINE, SOUTH 39°45'39" WEST, A DISTANCE OF 200.19 FEET; THENCE NORTH 89°38'16" WEST,
A DISTANCE OF 712.85 FEET; THENCE NORTH 00°21'44" EAST, A DISTANCE OF 660.00 FEET;
THENCE SOUTH 89°38'16'' EAST, A DISTANCE OF 839.93 FEET TO THE EAST LINE OF THE
NORTHEAST QUARTER OF SAID SECTION; THENCE SOUTH 00°21'53'' WEST, ALONG SAID
EAST LINE, A DISTANCE OF 505.31 FEET TO THE POINT OF BEGINNING.
CONTAINING 12.50 ACRES, MORE OR LESS.
PROPOSED R-1 (FROM C-2)
ALL THAT PORTION OF SECTION 17, TOWNSHIP 29 SOUTH, RANGE 29 EAST, M.D.M., CITY OF
BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 17; THENCE NORTH
00°21'53" EAST, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION, A
DISTANCE OF 1,320.98 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID EAST
LINE, NORTH 89°38'16" WEST, A DISTANCE OF 329.76 FEET; THENCE NORTH 00°21'44" EAST,
A DISTANCE OF 330.00 FEET; THENCE SOUTH 89°38'16" EAST, A DISTANCE OF 329.77 FEET
TO THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION; THENCE SOUTH
00021'53" WEST, ALONG SAID EAST LINE, A DISTANCE OF 330.00 FEET TO THE POINT OF
BEGINNING.
CONTAINING 2.50 ACRES, MORE OR LESS.
p:~PROJECTS',00112~L. EGALS\0112ZC21.DOC JLM 10/21/04
EXHIBIT C
ZONE CHANGE 03-0746
CONDITIONS OF APPROVAL
PUBLIC WORKS
1.)
All conditions of approval/mitigation measures adopted for GPA/ZC P99-0647
shall apply to GPNZC 03-0746.
2.)
The developer shall pay the standard residential fees for the Regional
Transportation Impact Fee, as adopted at time of vesting of the development.
The developer shall pay the local mitigation fees adopted under GPNZC P99-
0647.
4.)
The previously adopted Phasing Plan required by GPA/ZC P99-0647, coupled with
the adopted Circulation Element Amendment under GPA 03-0008, shall be
modified.
PLANNING
5.)
6.)
7.)
The number of single family residential lots shall not exceed 2,070 for the entire
City in the Hills project area as adopted under GPNZC P99-0647.
The number of multi-family residential units shall not exceed 735 for the entire City
in the Hills project area as adopted under GPNZC P99-0647.
The commercial GLFA (Gross Leaseable Floor Area) shall not exceed 1,015,706
square feet for the entire City in the Hills project area as adopted under GPA/ZC
P99-0647.
8.)
All conditions of approval adopted for GPA 04-0878 shall apply to GPNZC 03-
0746.
S:\GPA 4th 2004~03-0746~Conditions of Approval.doc
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 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. 4238 , 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 APPROVING THE PROPOSED AMENDMENT TO
SECTION 17.06.020 (ZONE MAP NOS. 104-17, 104-18, 104-19,
AND 104-20) OF TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE TO CHANGE THE ZONING
OF CERTAIN PROPERTY IN THE CITY OF BAKERSFIELD
FROM C-2 (REGIONAL COMMERCIAL) TO R-1 (ONE FAMILY
DWELLING) ON 16.02 ACRES, C-2 TO R-3 (LIMITED MULTIPLE
-FAMILY DWELLING) ON 6.01 ACRES, R-2 TO C-2 ON 11.81
ACRES, R-1 TO C-2 ON 7.20 ACRES, AND R-1 TO R-3 ON 0.26
ACRES, WEST OF MASTERSON STREET, BETWEEN PALADINO
DRIVE AND HWY 178 (FILE #ZC 03-0746)
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By: Y-~.~ ~
DEPUTY Ci~ Clerk
S:\DOCUMENT~FORMS~AOP.ORD.wpd