The URL can be used to link to this page

Home My WebLink AboutORD NO 4007ORDINANCE NO. 4 0 0 ~ AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 123-18 BY CHANGING THE ZONING FROM AN A (AGRICULTURE) ZONE TO AN R-1 (ONE FAMILY DWELLING) ZONE ON 10.07 ACRES LOCATED ON THE SOUTHEAST CORNER OF CAMPUS PARK DRIVE AND MOUNTAIN VISTA DRIVE (#P01-0007). 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 southeast corner of Campus Park Drive and Mountain Vista Drive; and WHEREAS, by Resolution No. 22-01 on March 15, 2001, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. P01-0007 as delineated on attached Zoning Map No. 123-18 marked Exhibit "B", and more thoroughly described in attached Exhibit "C," 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 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 J~nuary 25, 2001, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows residential 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 (CEQA) have been followed. The public necessity, general welfare and good zoning practice justify the requested change of zone from the existing zoning districts to the R- 1 (One Family Dwelling) The overall design of the project, as conditioned, is consistent with the goals and policies of all elements of the general plan. O~.%A/~E~. ORIG~ ,L The project must be granted a "de minimis: exemption with respect to the payment of Fish and Game Section 711 fees. 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. 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. 123-18 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". 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 MAY 1 I{ ~nn~ , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNClLMEMBER COUNClLMEMBER /TL,'.~,~ j~ COUNClLMEMBER CITY CLERK and Ex Officio ci~rk of the Council of the City of Bakersfield/ APPROVED MAY 1 ~(~1~ o'~ fLihHeAcl~tl~ of Bakers~eld APPROVED as to form: BART THILTGEN City Attorney By: Carl Hernandez III, Deputy City Attorney Exhibits: A. Conditions B. Zone Map C. Legal Description jeng \k S:~ZoneChange\007~cc\ord.wpd April 25, 2001 EXHIBIT "A" ZONE CHANGE P01-0007 CONDITIONS OF APPROVAL PUBLIC WORKS Prior to any site plan approval, recordation of any subdivision map, or Certificate of Compliance, the following shall occur: Prior to recordation of the first final map, the Planned Drainage Area (PDA) shall be formed in accordance with the requirements of the Zone Change P00-0235. Provide dedications necessary for the implementation of the PDA. Provide fully executed dedication for Campus Park Drive and Mountain Vista Drive to collector standards for the full frontages of the parcel of which this application is a portion. Dedications shall include sufficient widths for additional areas for landscaping as directed by the City Engineer. Submit a current title report with the dedication documents. S:t. ZoneChangel~O7~cclEx-A. wpcl Apd125, 2001 CITY Of BAKERSFIELD ZONING MAP 123-18 SEC 18 T 30s R27E LEGEND EXHIBIT B EXHIBIT C ZONE CHANGE LEGAL DESCRIPTION PROPOSED R-1 ZONE (FROM A) ALL THAT PORTION OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 30 SOUTH, RANGE 27 EAST, M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SOUTHEAST QUARTER AS MARKED BY A 2" IRON PIPE WITH TAG L.S. 3779; THENCE S.00°55'44"W. ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER A DISTANCE OF 45.00 FEET; THENCE S.89°03'53"E. 45.00 FEET TO THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY OF MOUNTAIN VISTA DRIVE WITH THE SOUTHERLY RIGHT-OF-WAY OF CAMPUS PARK DRIVE AS DESCRIBED IN THAT STREET RIGHT-OF-WAY DOCUMENT RECORDED IN BOOK 5853, PAGE 1597, OFFICIAL RECORDS OF KERN COUNTY, BEING THE POINT OF BEGINNING, ALSO BEING THE BEGINNING OF A NON- TANGENT CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 1929.35 FEET AND TO WHICH BEGINNING A RADIAL LINE BEARS N.00°56'07"E.; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY THE FOLLOWING THREE (3) COURSES: 1) EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03°46'05'' AN ARC DISTANCE OF 126.88 FEET; THENCE 2) S.85°17'48"E., 401.06 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 2045.00 FEET; THENCE 3) EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05°28'44" AN ARC DISTANCE OF 195.55 FEET; THENCE DEPARTING SAID SOUTHERLY RIGHT-OF-WAY, S.00°46'17"W., 591.47 FEET; THENCE N.89°05'29"W., 724.05 FEET TO THE EAST LINE OF THE WEST 45.00 FEET OF SAID SOUTHEAST QUARTER, ALSO BEING SAID EASTERLY RIGHT-OF-WAY OF MOUNTAIN VISTA DRIVE; THENCE N.00°55'44"E. ALONG SAID EASTERLY RIGHT-OF-WAY A DISTANCE OF 625.84 FEET TO THE POINT OF BEGINNING. CONTAINING 10.07 ACRES. Q:\PROJECTS\6818.06\LEGALS\R-1ZONE.DOC~ FK\DEC.19,2000 MCINTOSH _ 2001 Wheelan Court* Ba~,ersii~ld, CA 93~]9 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. 4007 _, passed by the day of Ma,/ 2001 and Bakersfield City Council at a meeting held on the 16th entitled: AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 123-18 BY CHANGING THE ZONING FROM AN A (AGRICULTURE) ZONE TO AN R-1 (ONE FAMILY DWELLING) ZONE ON 10.07 ACRES LOCATED ON THE SOUTHEAST CORNER OF CAMPUS PARK DRIVE AND MOUNTAIN VISTA DRIVE (P01- 0007) /s/PAMELA A. McCARTHY City Clerk of the City of Bakersfield DEISI. JTY City Clerk '- S:\Docum ent\FORMS~AOP.ORD.wpd June 7, 2001