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Home My WebLink AboutORD NO 4006ORDINANCE NO. 4 0 0 6 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 APPROXIMATELY TWO ACRES GENERALLY LOCATED BETWEEN NORRIS ROAD, OLIVE DRIVE (EXTENDED), COFFEE ROAD AND CALLOWAY DRIVE, ALONG THE NORTH SIDE OF THE ELEVENTH LINK, THE SOUTH SIDE OF THE TWELFTH LINK AND THE NORTH SIDE OF THE THIRTEENTH LINK OF THE RIVERLAKES RANCH GOLF COURSE (ZONE CHANGE P00-0982) 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), Coffee Road and Calloway Drive, along the north side of the eleventh link, the south side of the twelfth link and the north side of the thirteenth link of the Riverlakes Ranch golf course; and WHEREAS, by Resolution No. 26-01 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 "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 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 22, 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 findings: WHEREAS, the City Council has considered and hereby makes the following 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 north side of the eleventh link, approximately 5 feet to 30 feet in width and 1,500 feet in length, along the south side of the twelfth link approximately 10 feet to 30 feet in width and 1,600 feet in length, and along the north side of the thirteenth link, approximately 50 feet width and 270 feet in length consisting of approximately 2.00 acres, to be added to the existing Metropolitan Bakersfield 2010 General Plan SR (Suburban Residential) land use designation, the Riverlakes Ranch Specific Plan SR (Suburban 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 CECA." 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 "B". 4. 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. 2 5. 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 marked Exhibit "B" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "C" 6. Such zone change is hereby made subject to the conditions of approval listed in attached Exhibit "A", subject to approval of GPA P00-0982 and Specific Plan Amendment P00-0982. 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 ......... 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 rvl/w 1 6 _?_~! , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNClLMEMBER '~'L~L~ COUNCILMEMBER CITY CLERK and Ex Officio-Cl-~k of the Council of the City of Bakersfield/ APPROVED MAY ~. MAYOR of the City 3akersfield APPROVED AS TO FORM: BART J. THILTGEN City Attorney RED S:\Dole\P00-0982\CC ZC Ord.wpd April 27, 2001 (11:51am) 3 EXHIBIT "A" Conditions EXHIBIT A Conditions General Plan Amendment/Specific Plan Amendment/Zone Change P00-0082 Conditions Public Works: The map submitted by the applicant shows a GPA/ZC from OS-P to SR at the west end of the parcel for a proposed cul-de-sac. A cul-de-sac will not be allowed along Thomhill. This is an existing dedicated right-of-way to the City of Bakersfield and staff will not support a vacation back to the property owner. Therefore, the portion of the GPA/ZC over the proposed cul-de-sac is not recommended for approval. (NOTE: The Thornhill Lane dedicated right-of-way extends from Rivedakes Drive to Calloway Drive), S:~D~e~C~0-iY382~,~chibit A PW Co~cl,wT~l February 27, 2001 (3:24PM) 2/27/01 EXHIBIT "B" Maps 0 EXHIBIT B t nl ZONING MAP 102-08 EXHIBIT "C" Legal Description EXHIBIT C ZONE CHANGE P00-0982 LEGAL DESCRIPTION BEING A PORTION OF PARCEL 2 OF PARCEL MAP NO 10557 AS FILED IN BOOK 50 OF PARCEL MAPS AT PAGES 48- 55, AND CONTIGUOS TO LOT 3 OF TRACT NO 5916- PHASE 1, AS FILED IN BOOK 46 OF MAPS AT PAGES 104 -106, BOTH IN THE OFFICE OF THE KERN COUNTY RECORDER, ALSO LYING WITHIN A PORTION OF THE SOUTHWEST QUARTER OF SECTION 8, TOWNSHIP 29 SOUTH, RANGE 27 EAST. MDM, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS PARCEL 1: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 8, SAID POINT BEING A CITY OF BAKERSFIELD CONCRETE MONUMENT AND BEING IN THE CENTERLINE OF RIVERLAKES DRIVE; THENCE NORTH 00°34'41" EAST ALONG SAID CENTERLINE AND THE MID NORTH-SOUTH SECTION LINE OF SAID SECTION 8, A DISTANCE OF 509.72 FEET TO A CITY OF BAKERSFIELD CONCRETE MONUMENT AT THE POINT OF INTERSECTION OF RIVERLAKES DRIVE AND OLIVE DRIVE; THENCE DEPARTING FROM SAID CENTERLINE AND MID SECTION LINE; NORTH 38054'02" WEST, 692.26 FEET TO A 2" IRON PIPE ON THE BOUNDARY OF SAID PARCEL 2, TAGGED LS 2863, SAID IRON PiPE ALSO BEING THE POINT OF BEGINNING; THENCE (1) ALONG A PORTION OF SAID BOUNDARY OF SAID PARCEL 2 THE FOLLOWING COURSES, NORTH 84°48'27" WEST 20756 FEET TO A 2" IRON PIPE TAGGED LS 2863; THENCE (2) NORTH 79031 '50" WEST, 298.37 FEET TO A 2" IRON PIPE TAGGED LS 2863; THENCE (3) SOUTH 89%2'48" WEST, 21850 FEET TO A 2" IRON PIPE TAGGED LS 2863: THENCE (4) SOUTH 71033'25" WEST, 768.96 FEET TO A 2" IRON PiPE TAGGED LS 2863; THENCE (5) DEPARTING FROM SAID BOUNDARY OF SAID PARCEL 2, SOUTH 35°33'32" EAST, 2093 FEET; THENCE (6) NORTH 71°33'25" EAST, 8308 FEET; THENCE (7) NORTH 75008'00" EAST, 16031 FEET; THENCE (8) NORTH 71°33'25'' EAST, 514 93 FEET: THENCE (9) NORTH 89"42'48" EAST, 210 88 FEET. THENCE (10) SOUTH 79"31'50" EAST, 296 93 FEET THENCE (11) NORTH 87~'01'18'' EAST, 211 09 FEET TO THE POINT OF BEGINNING PARCEL 1 CONTAINS 39,727 SQUARE FEET MORE OR LESS P00-0982 Specific °lan Amendmen, and Zone Change PARCEL2: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 8, SAID POINT BEING A CITY OF BAKERSFIELD CONCRETE MONUMENT AND BEING iN THE CENTERLINE OF RIVERLAKES DRIVE; THENCE NORTH 00°34'41" EAST ALONG SAID CENTERLINE AND THE MID NORTH-SOUTH SECTION LINE OF SAID SECTION 8, A DISTANCE OF 509.72 FEET TO A CITY OF BAKERSFIELD CONCRETE MONUMENT AT THE POINT OF INTERSECTION OF RIVERLAKES DRIVE AND OLIVE DRIVE; THENCE DEPARTING FROM SAID CENTERLINE AND MID SECTION LINE; NORTH 27°52'33" WEST, 930.97 FEET TO A 2" IRON PIPE ON THE BOUNDARY OF SAID PARCEL 2, TAGGED LS 2863, SAID IRON PIPE ALSO BEING THE POINT OF BEGINNING; THENCE(I) THENCE(2) THENCE(3) THENCE(4) THENCE(5) THENCE(6) THENCE(7) THENCE (8) THENCE (9) THENCE (10) THENCE (11) THENCE (12) THENCE (13) ALONG A PORTION OF SAID BOUNDARY OF SAID PARCEL 2 THE FOLLOWING COURSES, NORTH 82°15'46" WEST 481.93 FEET TO A 2" IRON PIPE TAGGED LS 2863; NORTH 89°48'19" WEST, 227.13 FEET TO A 2" IRON PIPE TAGGED LS 2863; SOUTH 76055'39" WEST, 218.07 FEET TO A 2" IRON PIPE TAGGED LS 2863; SOUTH 72o39'52" WEST, 493.09 FEET TO A 2" IRON PIPE TAGGED LS 2863; SOUTH 00°02'11" EAST, 115.29 FEET TO A 2" IRON PIPE TAGGED LS 2863; SOUTH 71033'25" WEST, 84.35 FEET TO A 2" IRON PIPE TAGGED LS 2863, SAID POINT ALSO LYING WITHIN A NONTANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 50.00 FEET, FROM WHICH THE RADIAL POINT BEARS SOUTH 83005'38" WEST; DEPARTING FROM SAID PARCEL 2 BOUNDARY, NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 97°19'15" AND AN ARC LENGTH OF 84.93 FEET; NORTH 00°02'11" WEST, 108.02 FEET; NORTH 72°39'52" EAST, 516.28 FEET; NORTH 84°43'16" EAST, 221.23 FEET TO A 2" IRON PIPE TAGGED LS 2863; NORTH 84°43'16" EAST, 209.67 FEET; SOUTH 89°48'19" EAST, 95.92 FEET; SOUTH 82015'46" EAST, 95.37 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 250.00 FEET; Page 2 of 4 P00-0982 Specific Plan ,4mendmenl and Zone Change THENCE(14) EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 14°59'30" AND AN ARC LENGTH OF 65.41 FEET TO A POINT OF REVERSE CURVE, SAID CURVE BEING CONCAVE NORTHERLY, HAVING A RADIUS OF 350.00 FEET; THENCE (15) EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 29°59'01" AND AN ARC LENGTH OF 183.16 FEET TO A POINT OF REVERSE CURVE, SAID CURVE BEING CONCAVE SOUTHERLY, HAVING A RADIUS OF 250.00 FEET; THENCE(16) EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 14059'30" ANDAN ARC LENGTH OF 65.41 FEET; THENCE(17) SOUTH 82015'46" EAST, 28.16 FEET TO A POINT ON AN EASTERLY BOUNDARY OF SAID PARCEL 2; THENCE (18) SOUTH 04023'54" WEST, 110.04 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 20.00 FEET; THENCE (19) SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 91°42'31" AND AN ARC LENGTH OF 32.01 FEET; THENCE (20) NORTH 83053'35,' WEST, 6.70 FEET;. THENCE (21) NORTH 04o02'32" EAST, 101.42 FEET TO THE POINT OF BEGINNING. PARCEL 2 CONTAINS 40,955 SQUARE FEET. (Continued - Next Page) Page 3 of 4 P00-0982 Specific Plan Amendment and Zone Change BEING A PORTION OF PARCEL 2 OF PARCEL MAP NO. 10557 AS FILED iN BOOK 50 OF PARCEL MAPS AT PAGES 48 - 55 IN THE OFFICE OF THE KERN COUNTY RECORDER, ALSO LYING WITHIN A PORTION OF THE SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP 29 SOUTH, RANGE 27 EAST, MDM, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 3 COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 8, SAfD POINT BEING A KERN COUNTY SURVEYORS MONUMENT IN LAMPHOLE AND ALSO BEING THE CENTERLINE INTERSECTION OF NORRIS ROAD AND COFFEE ROAD, THENCE SOUTH 00°32'21" WEST ALONG THE EAST LINE OF SAID SECTION, SAID EAST LINE ALSO BEING THE CENTERLINE OF COFFEE ROAD, 1009.11 FEET TO A CONCRETE MONUMENT IN LAMPHOLE MARKED ES. 5565, THENCE DEPARTING FROM SAID EAST LINE AND SAID CENTERLINE, NORTH 88°54'29" WEST ALONG THE NORTH BOUNDARY OF SAID PARCEL 2, 1538.89 FEET; THENCE SOUTH 66°10'16" WEST, 170.97 FEET; THENCE NORTH 23049'44" WEST, 298.48 FEET; THENCE NORTH 66°52'36" EAST, 108.87 FEET; THENCE NORTH 01°05'31" EAST, 259.23 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 300.00 FEET, FROM WHICH THE INITIAL RADIAL POINT BEARS NORTH 43°42'27" EAST; THENCE NORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 23053'59" AND AN ARC LENGTH OF 125.14 FEET; THENCE NORTH 67°35'53" WEST, 66.89 FEET TO THE POINT OF BEGINNING; THENCE (1) DEPARTING FROM SAID NORTH BOUNDARY LINE OF SAID PARCEL 2, NORTH 88o54'29" WEST, 251.74 FEET TO A POINT ON THE NORHERLY BOUNDARY LINE OF SAID PARCEL 2; THENCE(2) ALONG SAID NORTHERLY BOUNDARY, NORTH 68°59'30" EAST, 108.96 FEET; THENCE (3) NORTH 88047'43" EAST, 41.47 FEET; THENCE (4) SOUTH 67°35'53" EAST, 117.37 FEET TO THE POINT OF BEGINNING, CONTAINS 6,134 SQUARE FEET MORE OR LESS. Pa~e # of 4 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. 4006 , passed by the Bakersfield City Council at a meeting held on the 16th day of May 2001 and 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 APPROXIMATELY TWO ACRES GENERALLY LOCATED BETWEEN NORRIS ROAD, OLIVE DRIVE (EXTENDED), COFFEE ROAD AND CALLOWAY DRIVE, ALONG THE NORTH SIDE OF THE ELEVENTH LINK, THE SOUTH SIDE OF THE TWELFTH LINK AND THE NORTH SIDE OF THE THIRTEENTH LINK OF THE RIVERLAKES RANCH GOLF COURSE (ZONE CHANGE P00-0982) /s/PAMELA A. McCARTHY City Clerk of the City of Bakersfield S:\Docum ent\FORMS~AOP.ORD.wpd June 7, 2001