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HomeMy WebLinkAboutORD NO 3757ORDINANCE NO. 3 7 5 7 AN ORDINANCE CHANGING THE LAND USE AND ZONING OF THE CASA LOMA SPECIFIC PLAN (ZONING MAP NO. 124-05) ON 4.19+/- ACRES GENERALLY LOCATED BETWEEN TERRACE WAY AND DANIELS LANE, EAST OF UNION AVENUE AT 340 DANIELS LANE. WHEREAS, in accordance with the procedure set forth in the provisions of the Casa Loma Specific Plan and 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 certain property in the City of Bakersfield generally located on the east side of Union Avenue north of Casa Loma Drive at 1212 South Union Avenue; and WHEREAS, by Resolution No. 122-96 on December 19, 1996, the Planning Commission recommended approval and adoption of an ordinance amending the land use and zoning of the Casa Loma Specific Plan to approve a change from 6.2 (General Commercial) to 7.2 (Service Industrial) as delineated on attached Zoning Map No. 124-05 marked Exhibit "B- 2", by this Council and this Council has fully considered the recommendations made by the Planning Commission as set forth in that Resolution; and WHEREAS, Planning staff has determined, and the Planning Commission has found, that this project is exempt from the provisions of CEQA in accordance with Section 15061 (b)(3) of CEQA Guidelines (General Rule) in that there is no possibility that the proposed zoning change could have a significant effect on the environment; and findings: WHEREAS, the City Council has considered and hereby makes the following 1. All required notices have been given. 2. The project is exempt from CEQA pursuant to Section 15061 (B)(3) (General Rule), as there is no possibility that the proposal could have a significant effect on the environment. 3. Approval of the amendment to the land use designation and zoning of the affected property within the Casa Loma Specific Plan is necessary in order to maintain consistent land use maps between the County of Kern and the City of Bakersfield for the Casa Loma Specific Plan. SECTION 1. NOW, THEREFORE, BE IT ORDAINED by ~he Council of the City of Bakersfield as follows: 1. All of the foregoing recitals are hereby found to be true and correct. 2. The project is exempt from CEQA pursuant to Section 15061 (B)(3) of the CEQA Guidelines (General Rule). 3. The Casa Loma Specific Plan be and the same is hereby amended by changing the land use and zoning of that certain property in said City, the boundaries of which property is shown on Zoning Map No. 124-05 marked Exhibit "B-2" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "C-2". SECTION 2. This ordinance shall be posted in accordance with provisions of the Bakersfield Municipal Code and shall become effective 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 ~R ! I$~! , by the following vote: AYES: COUNCILMEMBER DeMOND, CARSON, SMITH, McDERMOTT, ROWI.ES, SULLIVAN, SALVAGGIO NOES: COUNCILMEMBER ~-- ?~l.,B~ ABSTAIN: COUNCILMEMBER -- .. y[(.h~ NZS, ENT: COUNCILMEMBER ~--- ]~ APR" ~ 1~7 APPROVED MAYOR of the City of Bakersfield CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED as to form: JUDY SKOUSEN CITY ATTORNEY res\oz0872-cc MJM February 14, 1997 53 53 6¸2 $4 54 5.3 54 54 m CITY OF BAKERSFIELD ZONING MAP 124-05 SEC. 5 T 30s R. 28E LEGEND EXHIBIT "C-2" Zone Change P96-0872 (Casa Loma Specific Plan) FROM MAP CODE 6.2 (GENERAL COMMERCIAL) TO MAP CODE 7.2 (SERVICE INDUSTRIAL): The West 299 feet of the North 660 feet of Lot 11 of Section 5, T.30S., R.28E., M.D.B.&M. per "Sales Map No. 1 of Lands of J.B. Haggin" filed for record May 3, 1889 in the Office of the Kern County Recorder, EXCEPTING the public road right-of-way for Terrace Way and Daniels Lane. Comaining 4.19 acres (±) APN: 169-140-02-00-7 p:g0872ec AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA ) 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 1 lth day of April, 1997 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3757, passed by the Bakersfield City Council at a meeting held on the 9th day of April, 1997, and entitled: Ordinance changing the land use and zoning of the Casa Loma Specific Plan (Zoning Map No. 124-05) on 4.19 +/- acres generally located between Terrace Way and Daniels Lane, east of Union Avenue at 340 Daniels Lane. /s/ PAMELA A. McCARTHY City Clerk of the City of Bakersfield DEPUTY City Clerl~ ~)