HomeMy WebLinkAboutORD NO 4005ORDINANCE NO. 4 0 0 ~
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO.
102-08 BY CHANGING THE ZONING FROM OS (OPEN
SPACE)TO R-1 (ONE-FAMILY DWELLING) ON 1.79 ACRES
GENERALLY LOCATED BETWEEN NORRIS ROAD, OLIVE
DRIVE (EXTENDED), RIVERLAKES RANCH DRIVE
(EXTENDED) AND CALLOWAY DRIVE, ALONG THE
SOUTH SIDE OF THE ELEVENTH LINK AND THE NORTH
SIDE OF THE TWELFTH LINK OF THE RIVERLAKES
RANCH GOLF COURSE (ZONE CHANGE P00-0983)
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 between Norris Road, Olive Drive (extended),Riverlakes Ranch
Drive (extended) and Calloway Drive, along the south side of the eleventh link and the north
side of the twelfth link of the Riverlakes Ranch golf course; and
WHEREAS, by Resolution No. 29-01 on March 15, 2000 the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve the requested R-1 zoning as delineated on attached Zoning Map
No. 102-08 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 which warranted a Notice of Exemption of
environmental impact and changes in zoning of the subject property from OS to R-1 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
Notices of Exemption, 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 Notice of Exemption was advertised and posted on February 20,
2001 in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows residential and
open space development; and
WHEREAS, the Riverlakes Ranch Specific Plan land use designation for this
area allows residential and open space development; and
WHEREAS, the City Council has considered and hereby makes the following
findings:
1. All required public notices have been given.
The provisions of the California Environmental Quality Act have been
followed.
7.
8.
9.
The project would allow the undeveloped strips of the golf course along
the south side of the eleventh link, approximately 20 feet to 150 feet in
width and 1,600 feet in length, and along the north side of the twelfth link,
approximately 5 feet to 60 feet in width and 1,100 feet in length,
consisting of 1.79 acres, to be added to the existing Metropolitan
Bakersfield 2010 General Plan LR (Low Density Residential) land use
designation, the Riverlakes Ranch Specific Plan LR (Low Density
Residential) land use designation and the R-1 (One-Family) zoning for
residential development,
The project would not establish additional residential lots.
The proposed project will not have a significant effect on the environment
and subsequent to CEQA, General Rule, Section 15061. (b)(3) "Where it
can be seen with certainty that there is no possibility that the activity in
question may have a significant effect on the environment, the activity is
not subject to CEPQ."
The proposed project is consistent with the surrounding land uses.
The proposed project is consistent with the Metropolitan Bakersfield 2010
General Plan.
The proposed project is consistent with the Riverlakes Ranch Specific
Plan.
The public necessity, general welfare and good planning practices justify
the requested zone change.
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 Notice of Exemption is hereby approved and adopted.
3. That Section 17.06.020 (Zoning Map) of the Municipal Code of the
City of Bakersfield be amended by changing the land use zoning on Map No. 102-08 for that
certain property in the City of Bakersfield as herein before described and attached hereto as
Exhibit "A".
4. That Zone Change No. P00-0983 as outlined above, is hereby
recommended for approval subject to prior approval of General Plan Amendment P00-0983 and
Specific Plan Amendment P00-0983.
5. File the Notice of Exemption. Upon approval and adoption of the project,
the Planning Division of the Development Services Department is hereby directed to file a
Notice of Exemption with the County Clerk of Kern County, pursuant to the provisions of
Section 21152 of the Public Resources Code and Section 15094 of the State CEQA Guidelines
adopted pursuant thereto. ~ ~,~
6. 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.
102-08 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.
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
M/[¥ / 6 ?/~/]i , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER
COUNClLMEMBER ~L~
CITY CLERK and Ex Officio (;3'l'~rk of the
Council of the City of BakersfieTd
APPROVED MAY 1
HMAAy~Yo fl"ihl~eAC~i~ o f B-a ke~rrsfl e,d
APPROVED AS TO FORM:
BART J. THILTGEN
City Attorney
RED
S:~Do~e'~P00-0983\CC ZC Ord.wpd
Apd127, 2001 (10:45am)
3
EXHIBIT "A"
Maps
ZONING MAP 102-08
LEGEND
EXHIBIT "B"
Legal Description
EXHIBIT B
LEGAL DESCRIPTION
FOR
COLEMAN HOMES
ZONE CHANGE AND SPECIFIC PLAN AMENDMENT
All those porldons of Parcel 2 of Parcel Map 10557 per map filed in Book 50 of Parcel Maps at
Page 48 in the office of the Kem County Re~order. Also being a portion of the Southwest Quarter
of Section 8, Township 29 South, Range 27 East, Mount Diablo Meridian, in the Qty of
Bakersfield, County of Kem, State of California, more particularly described as follows:
P~r~el A
Beginning at an angle point on the boundary line between Paroels 1 and 2 of said Parcet Map
10557, also being a point on the northerly fight-of-way line of Olive Drive, said point bears North
75055'47'' East, a distar~e of 2037.25 feet from the southwest corner of said section 8; ' '
Thence (1)
la)
lb)
lc)
ld)
le)
10
Thence (2)
Thence (3)
Thence (4)
Thence (5)
Ther~e (6)
~ (7)
~ (8)
~ (9)
~ 02)
~ (~3)
along the boundary line between said Parcels I and 2 the following six courses;
North 08°08'00" West, a distance of 115.39 feet;
Thence North 74051'26'' West, a distance of 263.40 feet;
Thence North 86050'55'' West, a distance of 199.17 feet;
Thence South 71020'49'' West, a distance of 516.06 f%~t;
Ther~e North 80°06'57'' West, a distance of 208.52 feet;
Thence North 29019'27'' West, a distance of 272.59 feet;
South 42052'25'' East, a distanc~ of 98.90 feet;
South 34°46'31" East, a distanoe of 68.44 feet;
South 36025~4" Bast, a distanee of 63.10 feet; '
South 60°34'27' East, a distance of 66.54 feet;
South 81°40'22' East, a distance of 65.21 feet;
Sout~ 89°1~'19# East, a distar~e of 6~.18 feet;
North 82°21~1' ~ast, a distance of 74.89 feet;
North 82°32'04' East, a distance of 93.78 feet;
North 71020'48" East, a distar~e of 80.00 feet;
North 18°39'12" West, a distance of 30.80 feet;
North 78°19'23' Bast, a dis~nce of 269.22 feet;
South 90000'00" Fast, a distance of 197.65 feet;
ORIGINAl
Thenoe (14)
Ther.2e (15)
Thence (16)
Thence (17)
South 78°03~)2'' East, a dis~nee of 267.72 feet;
South 49024'50" East. a distar~e of 216.32 feet t~ the northerly right-of-way line
of said Olive Drive, and the beginning of a non-tangent curve c~ocave to t~e
southeast and having a radius of 2060.00 feet, a radial line to said beginning of
curve bears North 04°44'28' West;
southwesterly along said dghbof-way curve, through a c~ntral angle of
01°05'13'', an arc distance of 39.08 feet to a point of beginning of a non-tangent
curve concave to the southeast and having a radius of 2055.00 feet, a radial line
to said beginning of curve bears North 04°08'05' West;
southwesterly along said right-of-way curve, through a oentral angle of
03°13'10'; an arc distar~e of 115.47 feet to the point of beginning;
Contains 1.31 acres more or less.
Parcel B
Beginning at an angle point on the boundary line between Parcels i and 2 of said Parcel Nap
10557, said point bears North 28029'07" East, a distanoe of 1506.82 ~ from the Southwest
corner of said Section 8;
Thonm (i)
North 62020'34" East along the boundary line of said Parcels 1 and 2, a distance
of 25.03 f~t;
Thence (2)
South 06005'40" West, a distance of 231.41 feet t~ the boundary line of said
Parcels 1 and 2;
Thenco (3)
North 00037'46" East along said boundary line, a distance of 218.49 feet to the
point of beginning;
Contains 2,~08 Square feet more or less.
Parcel C
Commenting at an angle point on the boundary line between Parcels I and 2 of said Parcel Map
10557, said point bears North 28*29'07" East, a distance of 1506.82 feet from the Southwest
corner of said Section 8; Thence North 62020~34" East along said common boundary, a distance
of 41,59 feet to the point of beginning;
Thence (1)
Thence (2)
Thenoe (3)
Thenm (4)
South 70°45~J6' West, a distanc~ of 233.48 feet;
South 27°39~26'' East, a distance of 23.55 feet;
Continuing North 62020'34" East along said boundary line, a distance of 798.64
feet;
South 17014'45" East, a dis~n~e of 50.00 feet; ~
L.S. 5332
Thence (5) South 66°179_6" West, a distanee of 562.69 to the point of beginn ~x.[ X P. 12-3~-S3/
Contains 18,402 square feet mom or less. ~d'~ ~"c'~ ~'~':~:'~-~
ORK,iINA~
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 May , 2001 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4005 , passed by the
16th day of May 2001 and
Bakersfield City Council at a meeting held on the
entitled:
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD
MUNICIPAL CODE AND ZONING MAP NO. 102-08 BY CHANGING THE
ZONING FROM OS (OPEN SPACE TO R-1 (ONE-FAMILY DWELLING) ON
1.79 ACRES GENERALLY LOCATED BETWEEN NORRIS ROAD, OLIVE
DRIVE (EXTENDED)AND CALLOWAY DRIVE, ALONG THE SOUTH SIDE
OF THE ELEVENTH LINK AND THE NORTH SIDE OF THE TWELFTH
LINK OF THE RIVERLAKES RANCH GOLF COURSE (ZONE CHANGE
P00-0983)
/si PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
DEP0'~Y City Clerk
S:\Docum ent\FORMS~AOP.ORD.wpd
June 7, 2001