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Home My WebLink AboutORD NO 4492 ORDINANCE NO. 44 92 AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO. 123-13) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM 0.79 ACRES GENERALLY LOCATED AT THE NORTHWEST CORNER OF MCCALL AVENUE AND MESA GRANDE STREET FROM R-S (RESIDENTIAL SUBURBAN) TO R-1 (ONE-FAMILY DWELLING ZONE FOR SINGLE FAMILY RESIDENTIAL PURPOSES (FILE NO. 07-1737) 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 northwest corner of McCall Avenue and Mesa Grande Street as shown on Exhibit "2"; WHEREAS, by Resolution No.OS-OB on January 3, 200B the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve R-1 (One Family Dwelling) zone as delineated on attached Zoning Map No. 123-13 marked Exhibit "3", 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 zoning from an R-S (Residential Suburban) to R-1 (One-Family Dwelling) on 0.79 for single family residential purposes 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 December 13, 2007, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows single family 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. 3. The public necessity, general welfare and good zoning practice justify the requested change of zone from the existing zoning district to R-1 zone. 4. The overall design of the project, as conditioned, is consistent with the goals and policies of all elements of the general plan. 1 ~M~0> ~ ~ >- - f- rn _ F o Cd ORIGINAL 5. The conditions of approval, attached hereto as Exhibit "1" are needed to provide for orderly development, and the public health, welfare and safety; and 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 "3" attached hereto and made a part hereof, and are more specifically described in attached Exhibit"4". 4. Such zone change is hereby made subject to the conditions of approval listed in attached Exhibit "1". 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. ...._----()()()------_.. 2 'OMC0> ~ ~ >- rn f- . <.:) CJ 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 1 ~ Z008 by the following vote: ~ ~ ABSTAIN: ABSENT: COUNCILMEMBER: COUNCILMEMBER: COUNCILMEMBER: COUNCILMEMBER: CARS~ BEN~ WEI~OU6i.' HA~ SUL~N. SCR~ER ~ ~(J APPROVED as to form VIRGINIA GENNARO City Attorney BY:~1Yh~ Exhibits: 1. Conditions. 2. Location Map. 3. Zone Map 4. Legal Description Jeng \ S:\ZoneChange\yr 2007\07-1737\CC\CC ORDINANCE.doc February 15, 2008 3 'OM~0> ~ ~ >- - r- ~ o CJ ORIGINAL EXHIBIT "1" ZONE CHANGE 07.1737 CONDITIONS OF APPROVAL 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. PLANNING 2. Any future subdivision of the property shall be required to meet the minimum lot area of 6,000 square feet and comply with the standard dwelling setbacks required for single-family dwellings in an R-1 zone per BMC Chapter 17.10. Orderly development. Cultural Resources 3. If human remains and/or any other archaeological artifacts were discovered during grading or construction activities, work would cease pursuant to Section 7050.5 of the California Health and Safety Code. If human remains are identified on the site at any time, work shall stop at the location of the find and the Kern County Coroner shall be notified immediately (Section 7050.5 of the California Health and Safety Code and Section 5097.9B of the California Public Resources Code which details the appropriate actions necessary for addressing the remains) and the local Native American community shall be notified immediately. Mitigation measure. By KShea / S:\ZoneChangelyr 2007107-1737\CCI07-1737 ZCExh1.DOC February 15, 2008 'Op'f(~ o( -?(j'\ .:;,..~ ~ f-- rn r- U CJ ORIGINAL I'- (t') I'- ~ I I'- o ~w ~(!) !Z :1:<( ~J: t) W Z o N cn/ 31BIM d: ;S ;S ~ HO Q ::) 0.: ''It' ..... ~ - - II: It It d: i nnnn - It ----~---,. - It d: .18 OWN031 d: .10 .1S3NW3 N d: ..... d: .10 J.NO~nV3B ~ d: ; .10 ANN3r - It d: 3 ~ : ~ I ~~ ~ ~ ~~ I :A : ~ ~ i :1 ~ ~ Ii ~ l(l .... n~ lil - ~ o ;i Z '!!!I0 - It d: ~ : r------ 3 <C ~ ~ <C ~ It i ~ <C ~ ~ 3 3 III 3 .;J ~ ~. <C ~ d: - It g9f"IN ~ ( d: .~ / I <<. ~Mc0>(j'\ 0-(\ t:: r; - . <...) CJ ORIGINAL . -.,,,, ':' .-'..-....-....--.. ...._'~._-_.-..;_.~-_....~-~,....._- : i i ~.~ EXHIBIT "3" . III I Ss I ~S .:~:-: ::11 II JL~ l::-l~~ 1- ~= "- - .~ - Id hl~i~rldl III II II II I .-I~! I! I m;II~;~~lii!rlllllll:!111 !111M: ~~ ~:ii m,md~lluhl!!dlhlhdldl:n z~ il'fm' ...o~ Ii' ?e". . " !.... ~N III '. ".If' ""... .. · .. · 1''' ""'r" '.. .. C3 -II ..... ..... Ir .. 0:1:...:.............3 ..~t....1 J I ~ I ' l:il i .iIII f G) Id I ! Ii 1,,111 .... D." ZONE CHANGE 07-1737 . _.HI_ .. + ! ! .1 1)1 ... II' Z . ... , . z ! ~ ! . . ,..... .._- ...... ....---.-... iJ , - I I ~ I : . . 2: ... .... N." .. .. ZONING MAP 10-15 + I Ii- . ; . I . J",.j>~ >- I m S: r- U CJ ORIGINAL EXHIBIT "4" Legal Description All that certain real property in the County of Kern, State of California, described as follows: The East 132 feet of the North ~ of Lot 8 in Section 13, Township 30 South, Range 27 East, M.D.B.M., in the City of Bakersfield, County of Kern, State of California, according to Sales Map No.1 of J.B Haggin, filed in Office of the County Recorder on May 3, 1889. Excepting therefrom that portion Deeded to the State of California, recorded March 23, 1960 in Book 3252 Page(s) 738 of Official Records. ~ DATE: Io/Ldf,,? <<, ~Ak~-? () ~ .:>- f-- .rn F (.) Cd ORIGINAL ORDINANCE NO. 4 4 9 2 ,-- j POSTED ON by~I~~I~k~ Off~e City of Bakersfield AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO. 123-13) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM 0.79 ACRES GENERALLY LOCATED AT THE NORTHWEST CORNER OF MCCALL AVENUE AND MESA GRANDE STREET FROM R-S (RESIDENTIAL SUBURBAN) TO R-1 (ONE-FAMILY DWELLING ZONE FOR SINGLE FAMILY RESIDENTIAL PURPOSES (FILE NO. 07-1737) by 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 northwest comer of McCall Avenue and Mesa Grande Street as shown on Exhibit "2"; WHEREAS, by Resolution No.05-0B on January 3, 2008 the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve R-1 (One Family Dwelling) zone as delineated on attached Zoning Map No. 123-13 marked Exhibit "3", 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 zoning from an R-S (Residential Suburban) to R-1 (One-Family Dwelling) on 0.79 for single family residential purposes 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 December 13, 2007, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows single family 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. 3. The public necessity, general welfare and good zoning practice justify the requested change of zone from the existing zoning district to R-1 zone. 4. The overall design of the project, as conditioned, is consistent with the goals and policies of all elements of the general plan. 1 ( ~"K~L> o( 'lj> >- ~ f- rn ___ r- U CJ 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 13th day of MARCH, 2008 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4492 ,passed by the Bakersfield City Council at a meeting held on the 12th day of MARCH. 200B and entitled: AN ORDINANCE APPROVING A NEGATIVE DECLARATION AND AMENDING TITLE 17 (ZONE MAP NO 123-13) OF THE MUNICIPAL CODE BY CHANGING THE ZONING FROM R-S TO R-1 ON .79 ACRES LOCATED AT THE NORTHWEST CORNER OF MCCALL AVENUE AND MESA GRANDE STREET. (ZC 07-1737) PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield BY:.::PCL~\ ~ DEPUTY City Clerk S:\DOCUMENliFORMSIAOP _ORD.wpd 3/10/2008 <'< ~tlk~-<> () 'U' ;:... '" I- r; o [; ORIGINAL