HomeMy WebLinkAboutORD NO 4612
ORDINANCE NO. 4 612
AN ORDINANCE AMENDING SECTION 17.06.020 (OFFICIAL
ZONE MAP) OF TITLE SEVENTEEN OF THE BAKERSFIELD
MUNICIPAL CODE CHANGING THE ZONING FROM COUNTY
A (EXCLUSIVE AGRICULTURE) ADOPTING PRE-ZONING TO
R-1 (ONE FAMILY DWELLING), R-2 (LIMITED MULTIPLE
FAMILY DWELLING), E (ESTATE) AND C-2 (REGIONAL
COMMERCIAL) ON APPROXIMATELY 1,614-ACRES
LOCATED ON THE WEST SIDE OF SANTA FE WAY,
BETWEEN SEVENTH STANDARD ROAD AND KRATZMEYER
ROAD, EAST OF GREELEY ROAD (FUTURE ALIGNMENT).
(ZONE CHANGE FILE #09-0609). (WARD 4, UPON
ANNEXATION).
WHEREAS, in accordance with the procedures 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 adopt pre-zoning of those certain properties being annexed to the City of
Bakersfield generally located on the west side of Santa Fe Way, between Seventh Standard
Road and Kratzmeyer Road, east of Greeley Road (future alignment); and
WHEREAS, by Resolution No. 55-09 on November 19, 2009, the Planning Commission
recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code
to approve Zone Change No. 09-0609 pre-zoning to R-1 (One Family Dwelling) on 1,011-acres,
R-2 (Limited Multiple Family Dwelling) on 186-acres, E (Estate) on 322-acres and C-2 (Regional
Commercial) on 95-acres as delineated on attached Zoning Map 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 restated herein; and
WHEREAS, the Planning Commission, as a result of said hearing, did make several
general and specific findings of fact which determined the proposed project qualifies as a
Special Situation pursuant to Public Resources Code Section 21166 and Sections 15182 and
15183 of the State CEQA Guidelines and does not require the preparation of further
environmental documents under the requirements for the California Environmental Quality Act;
and
WHEREAS, the law and regualtions as set forth in CEQA and City of Bakersifeld's
CEQA Implementation Procedures, have been duly folowed by city staff, Planning Commission
and this Council; and
WHEREAS, for the above-described project, a review of the proposed project and
evidence in the record was conducted and it was determined that pursuant to Public Resources
Code Section 21166 and Sections 15182 and 15183 of the State CEQA Guidelines, the
proposed project qualifies as a special situation and does not require the preparation of further
environmental documents under the requirements for the California Environmental Quality Act
of 1970; and
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WHEREAS, for the above-described project, a review of the proposed project and
evidence in the record was conducted and it was determined that pursuant to CEQA and the
Guidelines for the Implementation of CEQA, that the project did not require the preparation of
subsequent environmental documentation based on the following:
a. The requested actions initiate the implementation of single and multiple family
residential, and commercial project addressed in the Metropolitan Bakersfield
General Plan, the Western Rosedale Specific Plan and the Rosedale Ranch
Plan Final Environmental Impact Reports and the requested actions are in
substantial conformance with the Metropolitan Bakersfield General Plan, the
Western Rosedale Specific Plan, and the Rosedale Ranch Plan; and
b. The requested actions do not require the preparation of subsequent
environmental documentation, as the conditions identified in Section 15162 do
not occur.
C. The previous environmental impact reports adequately address the impacts
associated with the project and fully complies with the requirements of CEQA.
WHEREAS, the above described project requires no additional environmental review in
accordance with State CEQA Guidelines Section 15162; and
WHEREAS, the City of Bakersfield Planning Department (1715 Chester Avenue,
Bakersfield, California) is the custodian of all documents and other materials upon which
approval of the environmental documentation is based; and
WHEREAS, the general plan designation for this area allows for single-family
residential, multiple-family residential, suburban residential and general commercial
development; and
WHEREAS, the City Council has considered and concurs with the following findings
made by the Planning Commission as set forth in Resolution No. 55-09, adopted on November
19, 2009:
1. All required public notices have been given.
2. The provisions of the California Environmental Quality Act have been
followed.
3. Based on the project review and evidence in the record, staff has
determined that the proposed project qualifies as a special situation and
does not require the preparation of further environmental documents
pursuant to Section 15182 and 15183 of the State CEQA Guidelines.
4. That substantial changes to the project previously evaluated have not
occurred, substantial changes to circumstances under which the project
will be undertaken have not occurred and no new information indicating
the project will have more significant impacts or impacts previously not
examined has been provided.
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5. That infrastructure exists or can easily be provided to accommodate the
types and intensities of the proposed development.
6. The public necessity, general welfare and good zoning practice justify the
recommended change of zone from County A (Exclusive Agriculture) to
R-1 (One Family Dwelling) on 1,011-acres, R-2 (Limited Multiple Family
Dwelling) on 186-acres, E (Estate) residential on 322-acres and C-2
(Regional Commercial) on 95-acres located along the west side of Santa
Fe Way, between Seventh Standard Road and Kratzmeyer Road, east of
Greeley Road (future alignment).
7. The project site, is designated LMR (Low Medium Density Residential) on
1,011-acres, HMR (High Medium Density Residential) on 186-acres, SR
(Suburban Residential) on 322-acres and GC (General Commercial) on
95-acres on the Metropolitan Bakersfield General Plan Land Use Map.
8. The proposed project, as shown on Exhibit "A," is consistent with the
Metropolitan Bakersfield General Plan, Western Rosedale Specific Plan
and the Rosedale Ranch Plan.
SECTION 1.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as
follows:
1. That the above recitals, incorporated herein, are true and correct.
2. The provision of the California Environmental Quality Act have been
followed.
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 being annexed to said City, the
boundaries of which property is shown on Zoning Map marked 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.
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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 JAN 13 2010
by the following vote:
AYE COUNCILMEMBER CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER
N s: COUNCILMEMBER nov\ .
ABSTAIN: COUNCILMEMBER nW&
ABSENT: COUNCILMEMBER
ROBERTA GAFFORD, CMC i
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
APPROVED JAN 13 2010
W- 0E
HARVEY L. HALL
Mayor of the City of Bakersfield
APPROVED as form
VIRGINIA GE ARO
City Attorne
By: -
Exhibit A - Zoning Map
B - Zone Change Legal Description
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EXHIBIT A
ZONING MAP
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EXHIBIT B
ZONING CHANGE LEGAL DESCRIPTION
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Legal Description
Parcel 1: Zoning E
Being the west half of Section 5, Township 29 South, Range 26 East, Mount Diablo Base &
Meridian, in the City of Bakersfield, County of Kern, State of California, more particularly
described as follows:
Beginning at the Northwest corner of said Section 5, being a point on the center line of Seventh
Standard Road.
Thence, on the North line of Section 5 and center line of Seventh Standard Road,
South 89°13'04" East, a distance of 2641.17 feet to the North '/4 corner of Section 5,
Thence, on the East-West mid-section line of said Section 5, South 0°49'50" West, a distance of
5305.96 feet, to the South 1/4 corner of said Section 5,
Thence, on the South line of said Section 5, North 89°14'44" West, a distance of 2641.73 feet, to
the Southwest corner of said Section 5,
Thence, on the West line of said Section 5, North 0°50'12" East, a distance of 5307.24 feet, to
the point of beginning.
Containing 322 acres (more or less)
And as shown on the plat attached hereto as Exhibit "B" and made a part hereof.
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Legal Description
Parcel 2-. Zoning R-1
Being a portions of Sections 4, 5, 8, & 9, Township 29 South, Range 26 East, Mount Diablo
Base & Meridian, in the City of Bakersfield, County of Kern, State of California, more
particularly described as follows:
Commencing at the Northwest corner of said Section 5, being a point on the center line of
Seventh Standard Road;
Thence, on the center line of Seventh Standard Road, South 89°13'04" East, a distance of
2641.17 feet to the True Point of Beginning;
Thence, South 89°11'30" East, a distance of 2640.11 feet,
Thence, South 89°13'17" East, a distance of 41.39 feet,
Thence, South 44°17'22" East, a distance of 1806.90 feet,
Thence, South 0°48'03" West, a distance of 37.88 feet,
Thence, North 89°10'41" West, a distance of 103.68 feet,
Thence, South 45°43'54" West, a distance of 795.45 feet, to the beginning of a 4200.00 foot
radius non-tangent curve, concave southeasterly, from which a radial line bears North 44°17'23
West;
Thence, southwesterly along said curve, 1079.74 feet, through a central angle of 14°43'47",
Thence, South 70°38'45" East, a distance of 1349.82 feet, to the beginning of a 2000.00 foot
radius curve, concave southwesterly;
Thence, southeasterly along said curve, 2491.33 feet, through a central angle of 71°22'17",
Thence, South 0°43'32" West, a distance of 246.29 feet,
Thence, South 89°17'40" East, a distance of 1190.31 feet,
Thence, South 45°42'33" East, a distance of 1997.14 feet, to the beginning of a 4300.00 foot
radius non-tangent curve, concave southeasterly, from which a radial line bears North 59°15'41
West;
Thence, southwesterly along said curve, 1334.17 feet, through a central angle of 17°46'38",
Thence, North 89°16'37" West, a distance of 4836.93 feet,
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Thence, South 0°49'07" West, a distance of 30.00 feet,
Thence, South 0°48'25" West, a distance of 30.00 feet,
Thence, North 89°15'12" West, a distance of 3933.51 feet,
Thence, North 0°49'32" East, a distance of 30.00 feet,
Thence, North 0°50'15" East, a distance of 2645.83 feet,
Thence, South 89°14'44" East, a distance of 1320.88 feet,
Thence, North 0°49'50" East, a distance of 5305.96 feet, to the point of beginning.
Containing ± 1011 acres (more or less)
And as shown on the plat attached hereto as Exhibit "B" and made a part hereof.
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Legal Description
Parcel 3- Zoning R-2
Being a portions of Sections 3, 4, 9, & 10, Township 29 South, Range 26 East, Mount
Diablo Base & Meridian, in the City of Bakersfield, County of Kern, State of California,
more particularly described as follows:
Commencing at the Northwest corner of said Section 5, being a point on the center line of
Seventh Standard Road;
Thence, on the center line of Seventh Standard Road South 89°13'04" East, a distance of
2641.17 feet,
Thence, continuing on the center line of Seventh Standard Road South 89°11'30" East, a
distance of 2640.11 feet,
Thence, continuing on the center line of Seventh Standard Road South 89°13'17" East, a
distance of 41.39 feet,
Thence, South 44°l 7'22" East, a distance of 1806.90 feet,
Thence, South 0°48'03" West, a distance of 37.88 feet,
Thence, North 89°10'41" West, a distance of 103.68 feet, to the True Point of
Beginning;
Thence, South 44°17'22" East, a distance of 6414.52 feet,
Thence, South 30°44'19" West, a distance of 957.83 feet,
Thence, North 45°42'33" West, a distance of 1997.14 feet,
Thence, North 89°17'40" West, a distance of 1190.31 feet,
Thence, North 0°43'32" East, a distance of 246.29 feet, to the beginning of a 2000.00 foot
radius curve, concave southwesterly;
Thence, northwesterly along said curve, 2491.33 feet, through a central angle of
71022'17",
Thence, N 70°38'45" W, a distance of'. 349.82 feet, to the beginning of a 4200.00 foct
radius non-tangent curve, concave southeasterly, from which a radial line bears North
59°01'09" West;
Thence, northeasterly along said curve, 1079.74 feet, through a central angle of
14°43'47",
Thence, North 45°43'54" East, a distance of 795.45 feet, to the point of beginning.
Containing 186 acres (more of less)
And as shown on the plat attached hereto as Exhibit "B" and made a part hereof.
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Legal Description
Parcel 4- Zoning C-2
Being the south '/z of the southeast '/4 of the southeast '/4 of Section 5, Township 29 South,
Range 26 East, Mount Diablo Base & Meridian, in the City of Bakersfield, County of
Kern, State of California, more particularly described as follows:
Commencing at the Northwest corner of said Section 5, being a point on the center line of
Seventh Standard Road;
Thence, on the center line of Seventh Standard Road South 89° 13'04" East, a distance of
2641.17 feet,
Thence, continuing on the center line of Seventh Standard Road South 89°11'30" East, a
distance of 2640.11 feet,
Thence, South 0°48'46" West, a distance of 4642.92 feet, to the True Point of
Beginning;
Thence, South 0°48'46" West, a distance of 660.15 feet,
Thence, N 89°15'16" West, a distance of 1320.89 feet,
Thence, N 0°49'18" East, a distance of 662.18 feet,
Thence, South 89°l 0'00" East, a distance of 1320.78 feet, to the point of beginning.
Containing 20 acres (more or less)
And as shown on the plat attached hereto as Exhibit "B" and made a part hereof.
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Legal Description
Parcel 5- Zoning C-2
Being a portions of Sections 3, 4, 9, & 10, Township 29 South, Range 26 East, Mount
Diablo Base & Meridian, in the City of Bakersfield, County of Kern, State of California,
more particularly described as follows:
Commencing at the Northwest corner of said Section 5, being a point on the center line of
Seventh Standard Road;
Thence, on the center line of Seventh Standard Road South 89°13'04" East, a distance of
2641.17 feet,
Thence, continuing on the center line of Seventh Standard Road South 89°11'30" East, a
distance of 2640.11 feet,
Thence, continuing on the center line of Seventh Standard Road South 89°13'17" East, a
distance of 41.39 feet,
Thence, South 44°17'22" East, a distance of 1806.90 feet,
Thence, South 0°48'03" West, a distance of 37.88 feet,
Thence, North 89°l0'41" West, a distance of 103.68 feet,
Thence, South 44°17'22" East, a distance of 6414.52 feet, to the True Point of
Beginning;
Thence, South 44°17'22" East, a distance of 2927.87 feet,
Thence, North 89°15'18" West, a distance of 2550.20 feet,
Thence, North 89°16'37" West, a distance of 478.67 feet, to the beginning of a 4300.00
foot radius curve, concave southeasterly, from which a radial line bears North 77°02'20"
West;
Thence, northeasterly along said curve, 1334.17 feet, through a central angle of
17°46'38",
Thence, North 30°44'19" East, a distance of 957.83 feet, to the point of beginning.
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Containing 75 acres (more or less)
And as shown on the plat attached hereto as Exhibit "B" and made a part hereof.
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~ORIGINALL
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern )
ROBERTA GAFFORD, 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 15th day of January, 2010 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4612, passed by the
Bakersfield City Council at a meeting held on the 13th day of January, 2010 and
entitled:
AN ORDINANCE AMENDING SECTION 17.06.020 (OFFICIAL ZONE
MAP) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL
CODE CHANGING THE ZONING FROM COUNTY A (EXCLUSIVE
AGRICULTURE) ADOPTING PRE ZONING TO R-1 (ONE FAMILY
DWELLING), R-2 (LIMITED MULTIPLE FAMILY DWELLING), E
(ESTATE) AND C-2 (REGIONAL COMMERCIAL) ON APPROXIMATELY
1614 ACRES LOCATED ON THE WEST SIDE OF SANTA FE WAY,
BETWEEN SEVENTH STANDARD ROAD AND KRATZMEYER ROAD,
EAST OF GREELEY ROAD (FUTURE ALIGNMENT) (ZONE CHANGE
FILE #09-0609). (WARD 4, UPON ANNEXATION)
ROBERTA GAFFORD
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By
DEP Mit Clerk
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