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Home My WebLink AboutORD NO 3843ORDINANCE NO. 3 8 4 3 AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP 123-13 BY CHANGING THE ZONING OF 46+1- ACRES GENERALLY LOCATED SOUTH OF WHITE LANE AND WEST OF SOUTH "H" STREET. 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 White Lane and west of South "H" Street; and WHEREAS, by Resolution No. 43-98 on March 19, 1998, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve a change from R-3 (Limited Multiple Family Dwelling-1,250 square feet lot area per dwelling unit) and R-2 (Limited Multiple Family Dwelling-2,500 square feet lot area per dwelling unit) to R-1 (One Family Dwelling-6,000 square foot lot size) zoning as delineated on attached Zoning Map No. 123-13 marked Exhibit "B", 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 R-3 (Limited Multiple Family Dwelling-1,250 square feet lot area per dwelling unit) and R-2 (Limited Multiple Family Dwelling-2,500 square feet lot area per dwelling unit) to R-1 (One Family Dwelling-6,000 square foot lot size) 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 with mitigations was advertised and posted on February 5, 1998, in accordance with CEQA; and WHEREAS, the General Plan designation for this area allows Low Density Residential development, subject to approval of General Plan amendment No. P98-0060; and WHEREAS, the City Council has considered and hereby makes the following findings: 1. All required notices have been given. been followed. The provisions of the California Environmental Quality Act (CEQA) have ORIGINAL 3. The proposed project will not have a significant effect on the environment. 4. Conditions of approval as shown on Exhibit "A" are included in the project to mitigate impacts. 5. The proposed zoning classification is compatible with existing and projected zoning and land uses in the surrounding vicinity. 6. The proposed zoning is consistent with the proposed residential development of the site. 7. The inclusion of the City-owned sump sites along the southerly boundary of the area proposed for rezoning will eliminate a potential zoning inconsistency, and will assure the compatible and orderly future development of the site and adjacent areas. 8. The proposed zoning is consistent with the level of circulation access and public services available to the site. 9. 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 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. 123-13 marked Exhibit "B" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "C". 2 4. Such zone change is hereby made subject to the conditions of approval listed in attached Exhibit "A", subject to approval of GPA P98-0060. SECTION 2. This ordinance shall be posted in accordance with provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. ......... 000 ......... I HEREBY CERTIFY that the foregoing Ordinance was passed end adopted by the Council of the City of Bakersfield at a regular meeting thereof held on MAY 0 6 1~ , by the following vote: AYES: COUNCILMEMBER DeMOND, CARSON, SICJTH, McDERMOTT, ROWLES, SULLIVAN, SALV^OGIO NOES: CO{.~CILMEMRFR ~ ABSTNN: COUNClU~ER .~ ABSENT: COUNCILMEMBER ~ CITY CLERK and Ex Officio Cr k of the Council of the City of Bakersfield APPROVED MAY 0 6 1998 MAYOR of the City of Bakersfield APPROVED as to form: JUDY SKOUSEN CITY ATTORNEY BY: March 30, 1998 0060/ozc-cc MJMt March 30, 1998 ORIGINAL EXHIBIT "A" General Plan Amendment/Zone Change P98-0060 Recommended Mitigation Measures If cultural resources are unearthed dudng construction activities, all work shall be halted in the area of the find. A qualified archaeologist shall be called in to evaluate the findings and make any necessary mitigation measures. Proof of compliance with any recommendations resulting from such evaluation, if required, shall be submitted to the Southern San Joaquin Valley Amhaeological Information Center (AIC) at California State University, Bakersfield, and to the City of Bakersfield Development Services Department. The developer shall be subject to the Ordinance provisions of the Regional Traffic Impact Fee (RTIF) program as applicable to the proposed residential development within the project. ~t 0060-ea R*$ R'S P-coj IA ¢-2 I ; R.$ iR-2 1c-2.1~ C'Z ITl CITY OF BAKERSFIELD ZONING MAP 125-13 SEC I~ T ~Os R 27E LEGEND EXHIBIT "C" Zone Change No. P98-0050 Legal Description FROM AN EXISTING R-2 (LIMITED MULTIPLE FAMILY DWELLING) ZONE TO A R-1 (ONE FAMILY DWELLING) ZONE: PARCEL 1: Being a portion of the Southeast 1/4 of Section 13, T30S, R27E M.D.B.&M. In the City of Bakersfield, County of Kern, State of California and portions of Parcels 3, 4, 5 and 6 of Parcel Map 7353, more particularly described as follows: Commencing at the East 1/4 corner of Section 13, T30S, R27E M.D.B.&M., said point being the intersection of White Lane and South "H" Street; THENCE southerly along the east line of said Section 13, and the east line of Parcel 6 of Parcel Map 7353, S 00°01'41" E a distance of 811.01 feet to a point, said point being the True Point of Beginning for this description. THENCE westerly, departing the said east line of Section 13 and along that certain line described in Exhibit "D", Legal Description ZC 5245 in the City of Bakersfield, California, N 89°56'50" W a distance of 1002.65 feet; THENCE N 45°36'46" W a distance of 537.65 feet to a point on the west line of Parcel 4 of said Parcel Map 7353; THENCE southwesterly, along the west line of Parcel 4 and Parcel 5 of Parcel Map 7353, a distance of 1191.42 feet to the southwest corner of said Parcel 5; THENCE southeasterly along the south line of Parcels 3, 4 and 5 the following (3) courses, (1) S 75°09'11" E a distance of 397.55 feet; (2) THENCE S 00°02'47" E a distance of 155.21 feet; (3) THENCE S 75°09'11" E a distance of 1243.25 feet; THENCE departing said south line of said Parcel 3, N 14°50'49" E a distance of 135.00 feet; THENCE S 75°09'11" E a distance of 304.70 feet; THENCE S 00°03'45" E a distance of 67.26 feet; THENCE S 75°09'11" E a distance of 316.05 feet to a point on the east line of Section 13; THENCE northerly along the east line of said Section 13, N 00°01'41" E a distance of 1145.90 feet to the True Point of Beginning for this description. EXCEPTING the public road right-of-way for South "H" Street. Containing 44.97 acres. Exhibit"C" P98-0060 Page 2 FROM AN EXISTING R-3 (LIMITED MULTIPLE FAMILY DWELLING) ZONE TO A R-I CONE FAMILY DWELLING) ZONE: All of that portion of the southeast 1/4 of Section 13, T.30S, R27E M.D.B.&M., in the County of Kern, State of California, being more particularly described as follows: PARCEL 1: Commencing at the southeast corner of Section 13; THENCE N 89°58'45" W, on and along the southerly line thereof, being also the centerline of Pacheco Road, 305.00 feet; THENCE N 00003'45" W, 695.30 feet to the True Point of Beginning; THENCE N 75°09'11" W, 340.64 feet; THENCE N 14°50'49" E, 135.00 feet; THENCE S 75°09'11" E, 304.70 feet; THENCE S 00°03'45" E, 139.70 feet, more or less, to the True Point of Beginning. Containing 1.00 acres, more or less. MJM:pjt 0060lid ORiG;NAt 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 11th day of May ,1998 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3843 . passed by the Bakersfield City Council at a meeting held on the 6th day of May. 1998 , and entitled: AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP 123- 13 BY CHANGING THE ZONING OF 46+/- ACRES GENERALLY LOCATED SOUTH OF WHITE LANE AND WEST OF SOUTH "H" STREET. /s/PAMELA A. McCARTHY City Clerk of the City of Bakersfield DEPUTY City Clerk S:\DOCU MENT~AOPOSTING May 11, 1998 ORIGIN^~