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Home My WebLink AboutORD NO 4308 ORDINANCE NO. 4S08 AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO. 103-24) 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) ZONE ON 0.19 ACRES GENERALLY LOCATED ON THE NORTH SIDE OF HIGHLAND KNOLLS DRIVE, APPROXIMATLEY Y, MILE EAST OF FAIRFAX ROAD (FILE # 05-1283) 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 north side of Highland Knolls, approximately Y, mile east of Fairfax Road as shown on Exhibit "B"; and WHEREAS, by Resolution NO.177-05 on December 1, 2005, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 05-1283 as delineated on attached Zoning Map No. 103-24 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 a negative declaration of environmental impact and changes in zoning of the subject property from an R-2 (Limited Multiple Family Dwelling) zone to an R-1 (One Family Dwelling) zone 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, a Negative Declaration was advertised and posted on November 10, 2006, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows residential development; 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. 1 '< 'òÞ.K¿:?> o <!}. :;,.. - I- rn - ,... o c::. ORIGINAL 3. 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 Fish and Game Code. Additionally, the assumption of adverse effect is rebutted by the above-referenced absence of evidence in the record and the Lead Agency's decision to prepare a Negative Declaration for this project. 4. 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. 5. The overall design of the project, as conditioned, is consistent with the goals and policies of all elements of the general plan. 6. The conditions of approval, attached hereto as Exhibit "1" are needed to provide for orderly development, and the public health, welfare and safety. 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. 2. The Negative Declaration is hereby approved and adopted. 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. 103-24 marked Exhibit "C" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "D ". 4. Such zone change is hereby made subject to the conditions of approval listed in attached Exhibit "A". 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 x'òAKi:'-9 o ¡¿¡, >- - I- m - ,.... o () ORIGINAL the I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by Council of tilE¡ City of Bakersfield at a regular meeting thereof held on 'AN 2 5 20œ by the following vote: ,~ NOES: ABSTAIN: ABSENT: \./ V J./ \./ ./ V / COUNCILMEMBER COUCH, CARSON. BENHAM, MAGGARD, HANSON. SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER PAMELA A, McCARTHY, CM CITY CLERK and Ex Officio C rk of the Council of the City of Bakersfield APPROVED JAN 2 5 200'; HARVEY L. HALL Mayor of the City of Bakersfiel APPROVED as to form VIRGINIA GENNARO City Attorney ,7 By: !q(µ'Þz. ~ Exhibits: A. Conditions. B. Location Map. C. Zone Map 103-24 D. Legal Description Jeng I S:\ZoneChangeI05-1283ICCIOZC-CC.DOC December 9, 2005 3 ~I>./(<," ~'ôM.t~)" ~ '&RIGINA ORIGINA EXHIBIT "A" CONDITIONS OF APPROVAL ZONE CHANGE #05-1283 CITY ATTORNEY 1. In consideration by the City of Bakersfield for land use entitlements, including but not limited to related environmental approvals related to or arising from this project, the applicant, and/or property owner and/or subdivider ("Applicant" herein) agrees to indemnify, defend, and hold harmless the City of Bakersfield, its officers, agents, employees, departments, commissioners or boards ("City" herein) against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, in any way arising from, the terms and provisions of this application, including without limitation any CEQA approval or any related development approvals or conditions whether imposed by the City, or not, except for CITY's sole active negligence or willful misconduct This indemnification condition does not prevent the Applicant from challenging any decision by the City related to this project and the obligations of this condition apply regardless of whether any other permits or entitlements are issued. The City will promptly notify Applicant of any such claim, action or proceeding, falling under this condition within thirty (30) days of actually receiving such claim. The City, in its sole discretion, shall be allowed to choose the attorney or outside law firm to defend the City at the sole cost and expense of the Applicant and the City is not obligated to use any law firm or attorney chosen by another entity or party. BY leng! S:lZoneChangeI05-1283ICClExhAdoc December 9, 2005 ~ 'óÄKê-9 o ¡¿¡, :;,.. - I- m - ,.... o c::, OR!GINAI ..----- - -------_..._--_._-"--_.~.,- ;t 3/IRIQ Nt ('f) 00 N or- :t I iO 0 N :J ó =w N - Ó ~ ;t !Pc> ) ~ :t g t:Z ?,¡ '" ~ ~ ~<C) 52 ~ :I: ) ~ ~ w ! Z Ii: .. ~ 0 Ii: - Ii: I N .. Ii: '1' a: ~ :J - J ;t Ii: :t ~ ;¡; I FTI 1.7 ~--lc~0û ;¡, -.J I Ii: I l ,----, I \ \ ~ z ... J ~ C! c ~ ;t c l~ ~t ¡ ()RIGINAI I <:t... N~ I a: r0 o 90. uO ~«'" ~~~ w '" ~(!) Z ~Zg; >0 . '::N:.J <.> '" !ll ~i.~ lji. , ~I N Ù z·o . ~ ! ... t " a i -pr,-; . . . .1<.-_ ... .. L-=- ... .. .... I . " -- N 1 I 1 1 I 1 I 1 ----------------"1 1-------1' I I I I :::;: : : . i ¡ : ~ ¡ : li! : : ~ ~. I I ¡ .. ",I 1__ _ _....1 ! , . I a:: \ 1 . '---- '\ I _______________~____________~________________________~______.__J ¿; ,11Ø1 ,-øJ..,.... ~I .,-,., : _ _____..,._________ ___..; "-______ __ ____________'-______ -- - ---------4 I .: ~ : ;¡ I - - - - - - .,.. - - - - - - - - - - - - - -- _..:.- - - - - --- -~ ' ¡ ./Kr I_I ~ ~.ø~ I - - - - - - - - - - -- - ---1------------------......-------------------¡ ,¡ .1 1 íi : N ~ ¡. . æ· . I =-=-;-=-==--=-":.":::..-=. -=..--;: :~.=-.===--=: J-i:':':: ~~..::-= =~!i!.~:-"~f~--'"":-=-~~~-=: =-:.':.:::-=.--.1 r . 1 i I " t ~ 1 ;'~,~ I !] ~ 1:1 .11: ~ ______,~_ t 1 \ ~------------------ I! : .~ ~ ~¡... - ~. .....~~ b~ ~ i ~ ¡;¡ = i II.... : 5 9: ,.. '3 ... H Ii ¡ ~ ~ ~ ~ ",W i 0 ~ - ~ ~ ~ ~ ~ j ! l! -i ..~ ".. i .... . - III -..... .~ · ~ ~ . ~ i ~ I W ." i! ¡ h!l~r~.q!Hlal ~¡ "I"~ I; ; 11-1-11"~f:(J.~l~.~. f";¡( h HI¡;i"t.. o ~ ,-, '~O'íi¡~'-' I!- gO,!. i! ~ litit~;i~!i..:I~~ ::~= I~" ·"Ii: ot~~~~~,.~8i~~8:~~3~E...j~~I~~'jI:t~ !!~:~ ~ÆZ~~~!~~ð~'~~~~:KU~~~~~!~~Õ=~~~gcJ~... . ··.·~g···~,_·-··t·I"!t!".""I~~d~.§ ." i ¡¡j~~~~t !~~J ~W8~~ ~..~ ~~i i!~~,~ ~!~.: ¡~I ¡ " f· "tj v'~ G;' ij¡ p~, .' i-t.. :,"':0. :~ ~~! ·1! !;\~! ,f ! ~- '8 :Ig ., ¡;ç~ .:C; e....~ ~ I"" . ~; I J~i ! ~ . . .- iI';'- ., ~- 6i d 0 ...uD... ~ Ii ~'!' t::: ., : :~~~~.:.~;:Îlt;r..c..~'i~~_:::~.::I EXHIBIT "C" ZONE CHANGE.Q5-1283 T .. ~l .¡ c ;;> .." - 0< ~ #lrtI S'~, .. 0< ~~. 1M .. /IfI6 , I¡.I r II .. !f"'} IIW..~ ~õ $ t~ .>-; I' í~(' ¡Ii·· @~~1 :!í! t!';~ } I~~~ ~~~..j = i;~~~ ~ ;,¡. ";' il!!~ :! . '~J~ ~ É ~~;¡~I Jim I . ¡ ~ .' + ~ g¡ . ~~ " ~~ ì int 1m . ~dU L ¡UII + . ~~~~-9 ö- iJ1 >- ~ r í ZONIOIG MAP lOa>- 24 . ORIGINAL EXHIBIT "0" LEGAL DESCRIPTION ZONE CHANGE # 05-1283 THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 29 SOUTH, RANGE 28 EAST, CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS: PROPOSED R-1 (FROM R-2) COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 24; THENCE NORTH 00°34'39" EAST, ALONG THE EAST LINE OF SAID NORTHEAST QUARTER, A DISTANCE 751.85 FEET; THENCE DEPARTING FROM SAID EAST LINE, NORTH 89°25'21" WEST, A DISTANCE OF 1,536.18 FEET TO THE POINT OF BEGINNING; SAID POINT ALSO BEING THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 1,955.00 FEET, FROM WHICH POINT A RADIAL LINE BEARS SOUTH 10°54'40" EAST; THENCE ALONG THE FOLLOWING COURSES: 1 ) WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 00°09'50., AN ARC DISTANCE OF 5.59 FEET; THENCE 2) SOUTH 78°55'31. WEST, A DISTANCE OF 127,08 FEET; THENCE 3) NORTH 00°41'42" EAST, A DISTANCE OF 134,08 FEET; THENCE 4) SOUTH 43°54'13" EAST, A DISTANCE OF 20.68 FEET; THENCE 5} SOUTH 49°49'35" EAST, A DISTANCE OF 140.53 FEET; THENCE 6) SOUTH 66°11'37" EAST, A DISTANCE OF 7.50 FEET TO THE POINT OF BEGINNING. CONTAINING 8,379 SQUARE FEET. MORE OR LESS. MciNTOSH & ASSOCIATES 2001 Wheelan Court Bakersfield. CA 93309 (661) 834-4814 :<. 'òAKI:'~\ o '',j "'(. >-- I- m - ,.... <.J c> ORiGINAl .' 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 26th day of January, 2006 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4308 passed by the Bakersfield City Council at a rneeting held on the 25th day of January 2006 and entitled: Adopting a Negative Declaration & Amending Section 17.06.020 (Zone Map NO. 103-24) ofTitle Seventeen of the Bakersfield Municipal Code by changing the zoning from an R-2 (Limited Multiple Farnily Dwelling) Zone to an R-1 (One Farnily Dwelling) Zone on 0.19 acres generally located on the north side of Highland Knolls Drive, approximately 1/2 rnile east of Fairfax Road (File #05-1283) PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield By: ~g1~^'~J¿ DEPUT City lerk S:\DOCUMENnFORMSIAOP.ORD.wpd ,. 'òÞ.K~?, Ò' ~ >- - ';.: ;rr o e:, ORIGINAl