HomeMy WebLinkAboutORD NO 3706ORDINANCE NO. 8 7 0 6
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND ZONING
MAP 123-01 BY CHANGING THE ZONING OF .84 ACRES
GENERALLY LOCATED AT THE NORTHEAST CORNER
OF CASTRO LANE AND TALISMAN AVENUE FROM A
RESIDENTIAL SUBURBAN TO A ONE FAMILY
DWELLING ZONE.
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 at the northeast corner of Castro Lane and
Talisman Avenue; and
WHEREAS, by Resolution No. 3-95 on January 4, 1996, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of
the Municipal Code to approve a one family dwelling zone as delineated on attached
Zoning Map No. 123-01 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 negative declaration
of environmental impact and changes in zoning of the subject property from a residential
suburban to one family dwelling zone 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
November 27, 1995, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows single family
development; and
WHEREAS, the City Council has considered and hereby makes the
following findings:
1. All required notices have been given.
2. The provisions of the California Environmental Quality Act
(CEQA) have been followed.
3. Based on the Initial Study and comments received, staff has
determined that the proposed project could not have a significant effect on the
environment. A Negative Declaration with mitigation measures was advertised and
posted on November 27, 1995, in accordance with CEQA.
4. The public necessity, generally welfare and good zoning practice
justify the proposed change of zone.
5. The project site is designated LR (Low Density Residential) on the
Land Use Element of the Metropolitan Bakersfield 2010 General Plan.
SECTION 1.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
Bakersfield as follows:
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. 123-01 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 provisions of the
Bakersfield Municipal Code and shall become effective thirty (30) days from and after
the date of its passage.
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2
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
FI:B g 1 ~ , by the following vote:
AYES: COUNCILMEMBER DeMOND, CARSON, SMITH, McDERMOTZ, ROWLES, SULLIVAN, SALVAGGIO
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
Assistant CITY CLERK and Ex OfficiO/Clerk of the
Council of the City of Bakersfield
FEB Z ! 1~6
APPROVED
BOB PRICE
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY SKOUSEN
CITY ATTORNEY
MO:pjt
January 18, 1996
res\oO 113.cc
Exhibit "A"
Zone Change #P95-0113
This project is subject to a development agreement entered into between the
developer (Jamie Rudnick) and the two involved school districts (Bakersfield City
and Kern High) (Document #0195094495, Kern County Records).
Prior to subdivision of the site, a field survey by a qualified archaeologist shah be
prepared. Any and all recommendations from the survey shall be completed prior
to ground disturbance, to the satisfaction of the California Archaeological
Inventory.
CITY OF BAKERSFIELD
ZONING MAP
SEC OI '1: 5os
LEGEND
123 -01
Exhibit "C"
Zone Change #P95-0113
The north 255 feet of the south 285 feet of the west 145 feet of Lot 43 in Section 1,
Township 30 South, Range 27 East, M.D.M. in the unincorporated area of the County of
Kern, State of California, per map of "Kern County Sales Map No. I of Lands of J.B.
Haggin", recorded May 3, 1889 in the office of the County Recorder of said County.
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) sso
County of Kern )
CAROL WILLIAMS, 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 1st day of March, 1996 she
posted on the Bulletin Board at City Hall, a full, true and correct
copy of the following: Ordinance No. 3706, passed by the
Bakersfield City Council at a meeting held on the 21st day of
February, 1996, and entitled:
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO.
123-01 BY CHANGING THE ZONING OF .84 ZCRES
GENERALLY LOCATED AT THE NORTHEAST CORNER OF
CASTRO LANE AND TALISMAN AVENUE FROM A
RESIDENTIAL SUBURBAN TO A ONE FAMILY DWELLING
ZONE
By:
/s/ CAROL WILLIAMS
City Q~erk of the City of Bakersfield