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Home My WebLink AboutORD NO 3859ORDINANCE NO. 3 8 ~ 9 AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP 103-35 BY CHANGING THE ZONING OF 2.06 ACRES GENERALLY LOCATED ON THE NORTH SIDE OF BRUNDAGE LANE, EAST OF OSWELL 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 southeast of Stine Road and Hosking Avenue: and WHEREAS, by Resolution No. 69-98 on June 18, 1998, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve a change from C-2 (Regional Commercial) to R-1 (One Family Dwelling - 6.000 square feet lot size) zoning as delineated on attached Zoning Map No. 103-35 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 C-2 (Regional Commercial) to R-1 (One Family Dwelling - 6,000 square feet 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 May 6, 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. P98-0237; and WHEREAS, the City Council has considered and hereby makes the following findings: 1. All required notices have been given. been ~llowed. The provisions of the California Environmental Quality Act (CEQA) have environment. The proposed project will not have a significant effect on the to mitigate impacts. Conditions of approval as shown on Exhibit "A" are included in the p~j~t~t(.~4¥~ ORIGIN~L 5. The proposed zoning classification is compatible with existing and projected zoning and land uses in the surrounding area. 6. The proposed zoning is consistent with the recently approved residential development in adjacent areas on the north and east.. 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. 103-35 marked Exhibit "B" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "C". 4. Such zone change is hereby made subject to the conditions of approval listed in attached Exhibit "A", subject to approval of GPA P98-0237. 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. o00 ........ 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 AD§ ~ 6 ~1 , by the following vote: 2 AYES: COUN~ D~MONO, CARSON, SMITH, McOERMOTT, ROWLES, SULLNAN, SALVAGGIO NOES: COUNCI~ ?,]~_~ -~ ABSTAIN: ~ CITY CLERK and Ex OfficiO/Clerk of the Council of the City of BakersTie]d APPROVED AUG 2 0 '1~ B MAYOR of the City of Bakersfield APPROVED as to form: OFFICE OF THE CITY ATTORNEY BY: MJM July 27, 1998 0237~occ ORIGINAl EXHIBIT "A" Concurrent General Plan Amendment/Zone Change P98-0237 Recommended Mitigation Measures Pdor to commencing site development, a qualified archaeologist shall complete an archaeological study in compliance with the California Environmental Quality Act. All measures recommended by such study shall be completed prior to recordation of the tract map. In the event that human remains are discovered, the County Coroner shall be contacted. Within 30 days of completion of such field work a technical report should- be submitted to the Archaeological Information Center. Proof of compliance with any recommendations resulting from such evaluation, if required, shall be submitted to the Southern San Joaquin Valley Archaeological Information Center (AIC) at California State University, Bakersfield, and to the City of Bakersfield Development Services Department. Pdor to issuance of a building permit within the project area, the Kern High School District and Bakersfield City School District must be paid the amount of $4.06 per square foot of assessable space (as defined in Section 17620 of the Education Code) for each residence for the purpose of providing school facilities. This amount will increase in even numbered years according to the adjustment for inflation determined by the State Allocation Board for Class B construction at its January meeting, which increase will be effective as of the date of that meeting. Payment will not be required to a distdct which has certified in writing that alternative mitigation measures have been undertaken with respect to the project to adequately address school overcrowding. MJM:pIt May 29, 1998 0237-ea m CITY OF BAKERSFIELD ZONINGMAP 103-35 SEC. 35 T ~9s R. 28£ LEGEND Exhibit "C" GPA/ZC P98-0237 Legal Description BEING A PORTION OF THE SOUTI'IW~ST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 35, TOWN~'IIP 29 SOUTH, RAN~E 28 EAST, MOUNT DIABLO BA~E AND MERIDIAN, IN THE CITY OF BAKER~E. LD, COUNTY OF KERN, STATE OF CAUFORNIA, MORE PARTICULARLy DESCRIBED AS FOLLOWS: BEGINNING AT A KERN COUNTY SURVEYOR'S CONCRETE MONUMENT WITH A BRA~S CAP ~ FOR THE SOUTHWEST CORNER OF ,,~ND SECTION 35, THENCE SOUTH 8,9'51'42- EAST, 2~.00 FEET ALONG THE SOUTH LINE OF S.ND SECTION 35. SND UNE ALSO BEING THE CENTERLINE OF ~ BRUNDAGE LANE (110. WIDE) TO A POINT, SAID POINT BEING THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; (1) THENCE DEPARTING SAiD ,~)UTH UNE OF SECTION 35, NORTH 00"4832' WEST. 225.00 FEET; (2) THENCE NORTH 89°51'42' WEST, 255.00 FEET TO A POINT ON THE WEST MNE OF ,,~MD SECTION 35, SAID WEb'I' UNE ALSO BEING THE CENTERUNE OF OSWELL STREET (110' WIDE); (3) THENCE DEPARTING SAID POINT NORTH 00°48'32' WEST, 160.00 FEET ALONG SAiD WEST MNE OF SECTION 35 TO A POINT; (4) THENCE DEPARTING SAJD POINT SOUTH 89°51'42'EAST, 355.00 FEET; (5) THENCE SOUTH 00°4~32- EAST, 385.00 FEET TO THE SOUTH LINE OF SAID SECTION 35; (6) THENCE NORTI-189°51'42' W~.ST, 130.00 FEET ALONG SAiD SOUTH LINE OF SECTION 35 TO THE TRUE POINT OF BEGINNING; CONTAJNING 2.08 ACRES (gro~) 1.88 ACRES (net) 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 27th day of August ,1998 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3859 , passed by the Bakersfield City Council at a meeting held on the 26th day of August. 1998 , and entitled: AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP 103-35 BY CHANGING THE ZONING OF 2.06 ACRES GENERALLY LOCATED ON THE NORTH SIDE OF BRUNDAGE LANE, EAST OF OSWELL STREET. /s/PAMELA A. McCARTHY City Clerk of the City of Bakersfield DEPUTY City Clerk S:\DOCUMENTNAOPOSTING August 27, 1998