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Home My WebLink AboutORD NO 4483 ORDINANCE NO. 4483 AN ORDINANCE ADOPTING A NOTICE OF EXEMPTION AND AMENDING SECTION 17.06.020 (ZONING MAP 104-20) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM R-S-2.5 (RESIDENTIAL SUBURBAN-2.5 ACRE MINIMUM LOT SIZE) TO RE (RECREATION) ON 19.47 ACRES, GENERALLY LOCATED ON THE SOUTH SIDE OF STATE ROUTE 178, EAST OF CANTERIA DRIVE (ZC NO. 07-1535). (Ward 3). WHEREAS, in accordance with the procedures 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 that certain property generally on the south side of State Route 178, east of Canteria Drive; and WHEREAS, by Resolution No. 146-07 on September 20, 2007, the Planning Commission recommended approval of an ordinance amending Title 17 of the Municipal Code for Zone Change No. 07-1535 as delineated on attached Zoning Map 104-20 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 on the notice of exemption and changes in zoning of the subject property from R-S-2.5 (Residential Suburban-2.5 Acre Minimum Lot Size) on 19.47 acres, and the Council has considered said findings and all appear to be true and correct; and WHEREAS, it was determined that the California Environmental Quality Act (CEQA), pursuant to Section 15301 (d), does not apply to the proposed project, General Plan Amendment No. 07-1535, since the project is an existing facility and does not involve any expansion to the existing use. The change in zoning of an existing facility does not have any potential to cause significant adverse environmental impacts, therefore this activity does not require the preparaton of any environmental document; and WHEREAS, the general plan designation for this area, with prior adoption of General Plan Amendment No. 07-1535, allows parks and recreational use; and WHEREAS, the City Council has considered and concurs with the following findings made by the Planning Commission as set forth in Resolution No. 146-07, adopted on September 20,2007: 1. All required public notices have been given. 2. The provisions of the California Environmental Quality Act have been followed. 3. The project is exempt from CEQA pursuant to Section 15301 (d) of the CEQA Guidelines. 4. The proposed project is consistent with surrounding land uses. Page 1 of 3 ~ ~~/{f0> o % :>- - ~ ~ '0 D ORIGINAL 5. The proposed project, as shown on Exhibit "A", is consistent with the Metropolitan Bakersfield General Plan. 6. The public necessity, general welfare and good planning practices justify the requested zone change, as shown on Exhibit "A". SECTION 1. as follows: NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield 1. That the above recitals, incorporated herein, are true and correct. 2. The Notice of Exemption for Zone Change N.05-1535 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 being annexed to said City, the boundaries of which property is shown on Zoning Map 104-20 marked Exhibit "A" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "B". 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--------- Page 2 of 3 ~ 'O~/(l'0> o ~ :>- .- ~ m - r- o D 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 .IAN] R 2008 by the following vote: ~ COUNCILMEMBER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER V"" ".../ V"" /' .,...-/ --- CARSON. 8E:flll^M. WEIR. COUCH. HANSON. SULLIVAN. SCRIVNER ~ f\ .nv... ~ P\#' #' Nt a/Y\^- PAMELA A. McCARTHY, CM CITY CLERK and Ex Officio erk of the Council of the City of Bakersfield HARVEY L. HALL Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney By: ~1f1- ANf; Exhibit: A - Zoning Map 104-20 B - Legal Description Page 3 of 3 ~ 'O~t(t~^ <::) ~ :>- .- 5 G ORIGINAl- EXHIBIT A ZONE CHANGE MAP 104-20 ~ 'O~~~ o ~ :>- .- I- rn _ r <..:> D ORIGINAL ........ 0", C\J17l N , a:: ~ o Qo.. ~ ..J' ftl ~ll !!!<(&l d ~::E ~.; -':'''h i ~ ..~ ( ..... tac) ~a.i ~~ 5!U Z ~ Q I 'I~ ~Ou ~..JI'I:I , GN'~ N! U& ~ . l! f & ~w 'N 0=: .0 U}.... 0=: . ~ j . z I' w_ I i -5 _ III 9 . = ! 9 1II Ii II i I ! I .3 I' II'. ; · ... I i Ii -I II! I ,~ I :l 3 S I I I ... w li!i~u:j!lidlel ~I! !I Uil~ ~ in.llalh!lilht~ 1-'15 ;1 U..;! i u!! ~~~;~~;~;iiiHi!~ d~i ,,~lllh;1 . 5!:;sr",t t S HW~ aC He 4~~3~~~igi!!I!~~la~lli~,!!~IN~~C!!j=1 Ii. !!i; ~ oQ 0- t.... wall o. IS i f ~ i" ~ ~13 ~ ..1;1..,.:... -'.. !Uldi~! iHi ~UU i t~U i UJU UUa, C s: -.... cec ~, "'I"~~ ... ....... i: . d o__vd__ ! ,. ~~ ,S %, . . . u. . . & c a... ~ c ~.uuyu.~a.8Icc..u otc~~.~1 f I ~. lit - r iI. td iw " l'.ia i- t-,. VA i'. "I"i i ! Ii } i. ~ ~~~ i a l~fV "'1) ZONE CHANGE 07-1535 .. H$ -- ------- --...,-....-~ - - - - ----1" . . \ ", . s'. , so ,85 , :s I , '-...:_\.. ______1 . , I I I I I I I I I . I l"'--------------J I .' .1 I I 1 I I. I I I I I . , ,--------------, a I I I I r ....."... I I .".' .............. . I -, ...............,.....~I ....~..... I .. . ........, \ 1 "'\ ~ , I ~ I - I . li::i I I I I ,,- 'II d: J ~! .S 'IE ---------------- ------------------------~ . s! d: a: --. ~ ~ x Ii:: ! J D: I I I 1 I I I I a: -- - - - - --- -- -- --- - -- --- - - - -- -'- - -,---------- I I 1 I '1 I. I. I 1 I ----f , ~. +-- l! ..~t1I nil N$ ZONING MAP 104-20 ~ ~ s! .11 ,-'. . :Ii ill ~~ Sdli I I Iii tlii Ii . JII Ie" ;,r HI ~ n~ill Ifi:l~ I;ltl I'" JalUUJ . U itdl nb" fQ t1(~'t. I~ ~ . ~ o CJ ORIGINAL EXHIBIT B LEGAL DESCRIPTION 'O~K~J)I ~ ~ :>- ,- I- f11 _ r o D ORIGINAL 15508 EXHIBIT "All Parcel 1: parcel A of Parcel Map Waiver No. 11-89, as evidenced by a Certificate of Compliance recorded August 1, 1989 in Book 6271, Page 544 of Official Records, being all that portion of section 20, Township 29 south, Range 29 East, M.D.M., in the City of Bakersfield, County of Kern, state of California, being 'more particularly described as follows: commencing at a point on the North line of said' Section 20, from which point' the Northeast corner thereof bears south 89028'51" East 2189.36 feet; thence South OD31'09" West, 55.00 feet to a point on the South line of State Hgihway VI-KER-178 and the true point of beginning; thence North 89028'51" West along said South line, 794.39 feet to the beginning of a 2495.00 foot radius tangent curve, concave Southerly; thence Westerly along said curve and said South line, through a central angle of 5038'57", an arc distance of 245.99 feet to a point on the West line of Parcell of Parcel Map No. 6288 recorded in Book 27, Page 14 of Parcel Maps, in the Office of the Kern County Recorder; thence south 0032'24" West along said West line, 941.72 feet to the Southwest corner thereof; thence south 84002'30" East along the south line of said Parcel, 181.30 feet; thence North 55044'05" East, 380.70 feet to an angle point in said South line; thence South 89016' 19" East along said south line and Easterly extension thereof, 528.18 feet; thence North 1057'34" East, 756.00 feet to the true point of, beginning. EXCEPT all oil, gaB, and other minerals, within or underlying said land, or that may be produced and saved therefrom, providing, however, Grantor, his successors and assigns, shall not conduct drilling or other operations upon the surface of said land, but nothing herein contained shall be deemed to prevent the Grantor, his successors and assigns, from extracting or capturing said minerals by drilling on adjacent or neighboring lands and/or from conducting sub-surface drilling operations under said lands at a depth of 500 feet below the surface of said land, so as not to disturb the surface of said land or any improvements thereon, as reserved by, Robert D. Watson, et a1 in deed recorded May 6, 1975 in Book 4894, Page 368 and in Book 4894, Page 371 and in Book 4894, Page 374 all of Official Records. Parcel 2: An easement for overflow parking over and across Parcel 2 of Parcel Map 10182, in the City of Bakersfield, County of Kern, State of California, as per Map recorded October 27, 1995 in Book 47, Page 121 of Maps, in the Office of the County Recorder of said County. . ~KE. C:~ ~ ~~0> .> <::) m % l- .:0... """,.- C !:: .t-; ~ i")I.llS\NAl. D , 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 17th day of ~ IOJLI.UlY~j-~_J 2008 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4483 ,passed by the Bakersfield City Council at a meeting held on the 16th day of \ l CUl.lA!LrjJ 2008 and entitled: AN ORDINANCE ADOPTING A NOTICE OF EXEMPTION AND AMENDING SECTION 17.06.020 (ZONE MAP NO. 104-20) OF TITLE 17 OF THE MUNICIPAL CODE BY CHANGING THE ZONING FROM R-S- 2.5 (RESIDENTIAL SUBURBAN-2.5 ACRE MINIMUM LOT SIZE) TO RE (RECREATION) ON 19.47 ACRES GENERALLY LOCATED ON THE SOUTH SIDE OF STATE ROUTE 178 EAST OF CANTERIA DRIVE (ZC 07-1535). PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield BY:~~ DEPUTY City Clerk S:\DOCUMENT\FORMS\AOP ,ORD.wpd 1/17/2008 fQto.lCt-9 ~ ~ >- rn ~ ,... '0 D ORIGINAL ORDINANCE NO. 4483 r~""----"---- i POSTED ON i~jOB by City Clerk's Office City of Bakersfield I I bY_~~=--_ I AN ORDINANCE ADOPTING A NOTICE OF EXEMPTION AND AMENDING SECTION 17.06.020 (ZONING MAP 104-20) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM R-S-2.5 (RESIDENTIAL SUBURBAN-2.5 ACRE MINIMUM LOT SIZE) TO RE (RECREATION) ON 19.47 ACRES, GENERALLY LOCATED ON THE SOUTH SIDE OF STATE ROUTE 178, EAST OF CANTERIA DRIVE (ZC NO. 07-1535). (Ward 3). WHEREAS, in accordance with the procedures 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 that certain property generally on the south side of State Route 178, east of Canteria Drive; and WHEREAS, by Resolution No. 146-07 on September 20, 2007, the Planning Commission recommended approval of an ordinance amending Title 17 of the Municipal Code for Zone Change No. 07-1535 as delineated on attached Zoning Map 104-20 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 on the notice of exemption and changes in zoning of the subject property from R-S-2.5 (Residential Suburban-2.5 Acre Minimum Lot Size) on 19.47 acres, and the Council has considered said findings and all appear to be true and correct; and WHEREAS, it was determined that the California Environmental Quality Act (CEQA), pursuant to Section 15301 (d), does not apply to the proposed project, General Plan Amendment No. 07-1535, since the project is an existing facility and does not involve any expansion to the existing use. The change in zoning of an existing facility does not have any potential to cause significant adverse environmental impacts, therefore this activity does not require the preparaton of any environmental document; and WHEREAS, the general plan designation for this area, with prior adoption of General Plan Amendment No. 07-1535, allows parks and recreational use; and WHEREAS, the City Council has considered and concurs with the following findings made by the Planning Commission as set forth in Resolution No. 146-07, adopted on September 20,2007: 1. All required public notices have been given. 2. The provisions of the California Environmental Quality Act have been followed. 3. The project is exempt from CEQA pursuant to Section 15301 (d) of the CEQA Guidelines. 4. The proposed project is consistent with surrounding land uses. Page 1 of 3 ~M~0> ~ % :>- rn ~ r- '0 D ORIGINAL