HomeMy WebLinkAboutORD NO 3886ORDINANCE NO. 3 8 8 6
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO.
102-25 BY CHANGING THE ZONING OF 1.1 ACRES
GENERALLY LOCATED ON THE WEST SIDE OF RICH
SPRINGS COURT FROM AN RS-1A (RESIDENTIAL
SUBURBAN - ONE ACRE MINIMUM) ZONE TO AN E (ESTATE)
ZONE (ZC NO. P98-0851).
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 west side of Rich Springs Court; and
WHEREAS, by Resolution No. 5-99 on January 7, 1999, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve Zone Change No. P98-0851 of the subject property from an RS-1A
(Residential Suburban - One Acre Minimum) zone to an E (Estate) zone on 1.1 acres as
delineated on attached Zoning Map No. 102-25 marked Exhibit "1", 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 an RS-1A (Residential
Suburban - One Acre Minimum) zone to an E (Estate) zone on 1.1 acres 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 December 14,
1998, 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 public notices have been given.
2. The provisions of CEQA have been followed.
3. Based on an Initial Study, staff determined the proposed project will not
significantly affect the physical environment in the area and issuing a Negative Declaration is
adequate.
4. The proposed zone change is consistent with the Metropolitan Bakersfield
2010 General Plan.
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. 102-25
marked Exhibit "1" attached hereto and made a part hereof, and are more specifically described
in attached Exhibit "2"
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.
......... o0o .........
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
MAR 1 ? 1999 , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CA SON, DEMOND, MACCARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO
COUNCILMEMBER r~ (,
_
Assista n~ CITY CLERK and Ex~ff~cio Clerk of the
Council of the City of Bakersfield
APPROVED MAR 1 ? 1999
MAYOR of the City of Bakersfield
APPROVED as to form:
BY: C'C'~'i:"'~
CARL HERNANDEZ III, ASSISTANT CITY ATTORNEY
ML:pjt
s:zone change/zO851ord
2
CiTY OF BAKERSFIELD
ZONING MAP 101-25
SEC. 25 T 29s. R 26E.
t EGEND
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· - ,..,.O.T ."..O.C.
EXHIBIT 2
DESCRIPTION OF JIM STOCKTON'S
SITE ON RICH SPRINGS COURT
(FOR ZONING PURPOSES)
AlL THAT PORTION OF LOT 7 IN SECTION 25, TOWNSHIP 29 SOlSr~ RANGE
26 EAST, M.D.M., IN THE CITY OF BAKERSFIRI .n, COUNTY OF KERN, STATE
OF CALIFORNIA ACCORD/bIG TO THE "SA[-~S MAP OF LANDS OF IB.
HAGGIN", FIl.l=.n IN THE RECOREIER'S OFFICE OF SAID COUNTY ON AUGUST
20, 1890 AND BEING MORE PARTICULARLY DESCI~IR~'n AS FOLLOWS:
BEGINNING AT A POINT ON THE EAST LINE OF SAID LOT 7, SAID POINT
BEING SOUTH 00o 17' 10" EAST A DISTANCE OF 678.05 FEET FROM THE
C~ OF ROSEDAI .F. HIGHWAY AS SHOWN ON A MAP FILED
DECEMBER 10, 1941 IN RECORD OF SURVEY BOOK 4, PAGE 168 IN THE
OFFICE OF SAID RECORDER;
THENCE SOUTH 00o 17' 10" EAST ALONG SAID EAST LINE OF LOT 7 A
DISTANCE OF 297.69 FEET TO THE SOUTHEAST CORNER OF THAT PARCEL
QUITCLAIMI:~ TO JAMES R. STOCKTON AND Fr~-~N I. STOCKTON
RECORDED IN BOOK 6021, PAGE 1164, O.R. IN SAr!~ RECORDER'S OFFICE;
THENCE SOUTH 89° 51' 10" WEST PARALLEL TO AFORESAID CENTERLINE
OF ROSEDALe- HIGHWAY A DISTANCE OF 150.00 ~T;
TttENCE NORTH 00° 17' 10" WEST PARAI.I.~'~L WITH THE EAST LINE OF SAID
LOT 7 A'DISTANCE OF 297.69 FI~-I~-T TO THE NORTHWEST CORNER OF SAID
PARCEL QUITCLAIMI=~n TO JAMES R. STOCKTON AND I41~.~ I. STOCKTON;
'I/.IFTNCE NORTH 89° 51' 10" EAST A DISTANCE OF 150.00 FF~-T TO THE POINT
OF BEGINNING.
CONTAINING 44654 SQ. FT. GROSS.
198352.DOC
L.S. 3707
i No. L.S. 3707
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 18th day of March , 1999 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 3886 , passed by the
Bakersfield City Council at a meeting held on the 17th day of March 1999 , and
entitled:
AN ORDINANCE AMENDING TITLE 17 OF THE BAKERSFIELD CODE
AND ZONING MAP 102-25 BY CHANGING THE ZONING ON 1.1 ACRES
LOCATED ON THE WEST SIDE OF RICH SPRINGS COURT FROM A
RESIDENTIAL SUBURBAN ZONE TO AN ESTATE ZONE.
Is/PAMELA A. MCCARTHY
City Clerk of the City of Bakersfield
DEPUTY City Clerk
S:\DOCUMENT~AOPOSTING
March 18, 1999