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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. ......... 000 ......... 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