HomeMy WebLinkAboutORD NO 3143ORDINANCE NO. 3143 NEW SERIES
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE BY CHANGING THE
LAND USE ZONING OF THOSE CERTAIN PROPERTIES
IN THE CITY OF BAKERSFIELD LOCATED ON THE
SOUTH SIDE OF BRIMHALL ROAD APPROXIMATELY
1,600 FEET WEST OF COFFEE ROAD FROM AN M-2
(GENERAL MANUFACTURING) ZONE TO AN R-1 (ONE
FAMILY DWELLING) AND R-3 (LIMITED MULTIPLE
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 has held a public hearing on
a petition to change the land use zoning of those certain proper-
ties in the City of Bakersfield located on the south side of
BrimSall Road approximately 1,600 feet west of Coffee Road from
an M-2 (General Manufacturing) Zone to an R-1 (One Family Dwell-
ing Zone and R-3 (Limited Multiple Family Dwelling) Zone; 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 a change of zoning of the subject properties from an M-2
(General Manufacturing) Zone to an R-1 (One Family Dwelling) Zone
and R-3 (Limited Multiple Family Dwelling) Zone, and the Council
has considered said findings and all appear to be true and
correct; and
WHEREAS, there appears to be no substantial detrimental
environmental impact which could result from the proposed pro-
ject; and
WHEREAS, the City Council has determined after due
consideration of said petition and the recommendations of the
Planning Commission herein on file, together with the reasons
advanced at the hearing for a change of zoning of said proper-
ties, that a zoning change should be authorized; and
WHEREAS, the City Council has determined and found that
the proposed zoning is consistent with the General Plan of the
City of Bakersfield.
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. An environmental assessment was made of the project,
and a Negative Declaration was adopted by the Planning Commission
after a public hearing thereon, and this Council hereby approves
and adopts the Negative Declaration.
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 certain properties in said City,
the boundaries of which properties are shown on the map hereto
attached and made a part hereof, as follows:
PARCEL 1: FROM AN M-2 (GENERAL MANUFACTURING)
ZONE TO AN R-1 (ONE FAMILY DWELLING) ZONE:
The west 60 acres of the northeast 1/4 of
Section 32, Township 29 south, Range 27 east,
M.D.B.&M., in the City of Bakersfield, County
of Kern, State of California with the excep-
tion of the south 10 acres and more particu-
larly described:
Commencing at the northeast corner of
Section 32 also being the centerline of Coffee
Road and the Point of Beginning;
(1 Thence north 89°10'23" west, 1,655.60
feet;
(2
(3
Thence south 00041'00" west, 30.00 feet;
Thence continuing south 00041'00" west,
605.81 feet to the True Point of Beginning;
(4) Thence continuing south 00041'00" west,
1,563.90 feet;
(5) Thence north 89007'49" west, 990.30 feet;
(6) Thence north 00°41'00" east, 2,168.97
feet;
(7) Thence south 89010'23" east, 417.30 feet;
- 2 -
(8) Thence south 00°41'00" west, 275.00 feet;
(9) Thence south 89019'00" east, 270.20 feet;
(10) Thence south 00041'00" west, 332.25 feet;
(11) Thence south 89019'00" east, 302.80 feet
to the True Point of Beginning.
Contains 43.40 gross acres.
PARCEL 2: FROM AN M-2 (GENERAL MANUFACTURING)
ZONE TO AN R-3 (LIMITED MULTIPLE FAMILY DWELLING)
ZONE:
The west 60 acres of the northeast 1/4 of
Section 32, Township 29 south, Range 27 east,
M.D.B.&M., in the City of Bakersfield, County
of Kern, State of California, with the excep-
tion of the south 10 acres and more particu-
larly described:
Commencing at the northeast corner of
Section 32 also being the centerline of Coffee
Road and the Point of Beginning;
t) Thence north 89010'23" west, 1,655.60
feet;
2) Thence south 00°41'00" west, 30.00 feet to
the True Point of Beginning;
3) Thence continuing south 00~41'00" west,
605.81 feet;
4) Thence north 89019'00" west, 302.80 feet;
5) Thence north 00041'00" east, 332.25 feet;
6) Thence north 89019'00" west, 270.20 feet;
(7) Thence north 00041'00" east, 275.00 feet;
(8) Thence south 89010'23" east, 573.00 feet
to the True Point of Beginning.
Contains 5.92 gross acres.
- 3 -
Such zone changes are hereby expressly made subject to
the following conditions:
The maximum number of dwellings allowed on the
R-3 zoned property shall not exceed 100 units
and the overall density of the project shall not
exceed 6.4 dwelling units per gross acre.
Prior to ground disturbance, a biological survey
shall identify active kit fox dens.
o
Prior to ground disturbance, every kit fox den
on-site shall be completely hand excavated and any
animals found shall be allowed to escape, unharmed.
This measure will be overseen by a City official,
U.S. Fish and Wildlife Service, or local biologist
approved by U.S. Fish and Wildlife Service who
will document and report this to the City.
4. The appropriate Habitat Conservation fee must be
paid at or prior to building permit stage.
Conditions 2, 3 and 4 shall apply until the Habitat
Conservation Plan (H.C.P.) is implemented. H.C.P. requirements
will then apply.
SECTION 2.
This ordinance shall be posted in accordance with the
City charter provisions and shall become effective 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 February 17, 1988 , by the
following vote:
AYES: COUNCILMEM8ER~; CHILDS, OeMO.~lO, SMITH, ,~,,~, PETERSON, McDERMOtT, SALVAGGIO
HOES: COUNCILME~JBERS: None
ABSENT: COUNCILMEMBERS: Ratty
ABSTAiNiNG: COUNCILMEMBERS: None
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED February 17, 1988
MAYOR of the City of'Bakersfield
APPROVED as to form:
INTERIM ~ITY Ax~TORNE~ of
City {,o~f~ake .~/~ield
AJS/meg
O ORD 5
ZCSEQ. 1
1/27/88
the
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
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 February 25~ , 1988 , she posted on the
Bulletin Board at City Hall, a full, true and correct copy of the following:
ORDINANCE , No. 3143 , passed by
The Bakersfield City Council at a meeting held on February 17¢ 19~8~ ,
and entitled:
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE BY CHANGING THE
LAND USE ZONING OF THOSE CERTAIN PROPERTIES
IN THE CITY OF BAKERSFIELD LOCATED ON THE
SOUTH SIDE OF BRIMHALL ROAD APPROXI~LATELY
1,600 FEET WEST OF COFFEE ROAD FROM AN M-~2
(GENERAL MANUFACTURING) ZONE TO AN R~i (ONE
FAMILY DWELLING) AND R-3 (LIMITED MULTIPLE
FAMILY DWELLING) ZONE,
/s/ CAROL WILLIAMS
CITY CLERK of the CiTy of Bakersfield
AOPNS