HomeMy WebLinkAboutORD NO 3234ORDINANCE NO. 3234 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
EAST SIDE OF BUENA VISTA ROAD, APPROXIMATELY
ONE-FOURTH MILE SOUTH OF WHITE LANE FROM AN
R-1 (ONE FAMILY DWELLING) ZONE TO AN R-2
(LIMITED MULTIPLE FAMILY DWELLING) ZONE ON
1.72 ACRES AND FROM AN R-2 (LIMITED MULTIPLE
FAMILY DWELLING) ZONE 70 AN R-1 (ONE FAMILY
DWELLING) ZONE ON 1.52 ACRES.
WHEREAS, in accordance with the procedure set forth in
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 properties in the
City of Bakersfield located east of Buena Vista Road, approxi-
mately one-fourth mile south of White Lane; and
WHEREAS, by Resolution No. 20-89 on May 4, 1989, the
Planning Commission recommended approval and adoption of an
ordinance amending Title 17 of the Municipal Code to approve an
R-2 (Limited Multiple Family Dwelling) Zone, as delineated on
attached map, by this Council and this Council has fully
considered the findings 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 a change of zoning of the subject property from an R-1 (One
Family Dwelling) Zone to an R-2 (Limited Multiple Family
Dwelling) Zone on 1.72 acres and from an R-2 Zone to an R-1 Zone
on 1.52 acres, 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 project;
and
WHEREAS, the City Council has determined after due con-
sideration of said petition and the recommendations of the
Planning Commission herein on file, together with the reasons
advanced at the hearing for changes in zoning of said properties,
that zone changes should be authorized; and
WHEREAS, the City Council has considered and hereby
makes the following findings:
1. That public necessity, convenience, general welfare
and good zoning practice justify the change of zone from an R-1
(One Family Dwelling) Zone to an R-2 (Limited Multiple Family
Dwelling) Zone on 1.72 acres and from an R-2 Zone to an R-1 Zone
on 1.52 acres;
2. That the proposed planned commercial development
is consistent with the General Plan of the City of Bakersfield;
3. That a Negative Declaration was duly filed and
posted;
4. That the commercial and professional development
is in character with the surrounding neighborhood and community.
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:
FROM AN R-1 (ONE FAMILY DWELLING) ZONE TO
AN R-2 (LIMITED MULTIPLE FAMILY DWELLING)
OR MORE RESTRICTIVE ZONE:
That portion of the West half of Section
18, Township 30 South, Range 27 East,
M.D.B.&M., located in the City of
Bakersfield, County of Kern, State of
California, described as follows:
Beginning at the point of intersection of
the West line of said Section 18 with
the South line of the North 1865.00 feet
of said Section 18;
THENCE South 89052'49" East along said
South line a distance of 500.00 feet;
THENCE South 00020'00" West along a line
parallel with the West line of said
Section 18, a distance of 48.83 feet to
the beginning of a tangent curve, concave
northwesterly and having a radius of
500.00 feet;
THENCE Southwesterly along said curve,
through a central angle of 29021'02" an
arc distance of 256.13 feet to the South
line of the North 2158.67 feet of said
Section 18;
THENCE North 89052'49" West along said
South line a distance of 435.82 feet to
the West line of said Section 18;
THENCE North 00020'00" East along said
West line a distance of 293.67 feet to
the Point of Beginning.
EXCEPTING THEREFROM any portion thereof
falling within the West 228.00 feet of
said Section 18.
Containing 1.72 acres.
FROM AN R-2 (LIMITED MULTIPLE FAMILY
DWELLING) ZONE TO AN R-1 (ONE FAMILY
DWELLING) OR MORE RESTRICTIVE ZONE:
That portion of the West half of Section
18, Township 30 South, Range 27 East,
M.D.B.&M., City of Bakersfield, County
of Kern, State of California, described
as follows: The West 228.00 feet of the
South 290.00 feet of the North 1865.00
feet of the West half of said Section
18.
EXCEPTING THEREFROM any portion falling
within the West 30.00 feet (Buena Vista
Road) of the West half of said Section 18.
Containing 1.52 acres.
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Approval of the above zone changes is made subject to the
following conditions:
1)
Provide a six-foot high wall along the east and
south property lines of the R-2 zoned property,
as measured from the highest adjacent grade.
2)
Provide a 7-1/2 foot wide landscape strip along
the east side of the R-2 property adjacent to
the street (as measured from back of sidewalk).
The wall and landscape design shall be subject
to the approval of the planning Director and shall
be installed when that phase of Tentative Tract
5135 is improved. The wall and landscape shall
be placed in a maintenance district and shall
comply with all applicable conditions of
Tentative Tract 5135 concerning plan approvals,
improvement installation and acceptance.
3)
The applicant shall be limited to single story
structures within 50 feet of the south and east
property lines of the R-2 zone.
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 ..........
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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 June 28, 1989 , by the
following vote:
AYE~ COUNCILMEMBEr: ANTHONy, OeMOND, ~MITH, RA19'Y, PETERSON, MC~)EFIMOTT,~I,(~VAQ(310
ASSENT: COUNCiLMEMBER8 ~None
ABSTAJN: (~,UNCILMENIBEI:~: None
Assistant CITY CLERK and/~ Officio Clerk of the
Council of the City of Bakersfield
APPROVED
,June 28, 1989
CLARENCE E. MEDDERS %
MAYOR of the City of Bakersfield
APPROVED as to form:
~THUR J. / /% I
00RD 4
ZC.Ri.1
6/7/89
City of Bakersfield
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ZONE CHANGE
4865
WHITE
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CORNERSTONE ENGINEERING
AEFIDAVIT OF POSTING DOCUMENT~
STATE OF CALIFORNIA)
) ss.
County of Kern)
CkROL 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 5th day of ~ul~ ., 19 89 she
posted on the Bulletin Board at City Hall, a full, true and correct copy of
the following: Ordinance No. 3234
City Council at a meeting held on the 28th
and entitled:
, passed by the Bakersfield
day of June. , ].9 89,
AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING
TITLE SEVENTEEN OF THE BAKERS~IELD MUNICIPAL CODE BY CHANGING
THE LAND USE ZONING OF THOSE CERmAIN PROPERTIES IN THE CItY OF
BAKERSFIELD LOCATED ON THE EAST SIDE OF BUENA VISTA ROAD,
APPROXIMATELY ONE-FOURTH MILE SOUTH OF WHITE LANE FROM AN R-1
(ONE FAMILY DWELLING) ZONE TO AN R-2 (LII~ITED MULTIPLE VA~4ILY
DWELLING) ZONE ON 1.72 ACRES AND FROM AN R-2 (LIMITED) MULTIPLE
FAMILY DWELLING) ZONE TO AN R-1 (ONE FAPlLY DWELLING) ZONE ON
1.52 ACRES.
NSAOPD
/S/ CAROL WILLIAMS
CITY CLERK of the City of
DEPUTY City Clerk/
Bakersfield