HomeMy WebLinkAboutORD NO 3251ORDINANCE NO. 3251
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
NORTHEAST CORNER OF BUENA VISTA ROAD AND MING
AVENUE FROM A C-2 (COMMERCIAL), C-O (COMMER-
CIAL AND PROFESSIONAL OFFICE), R-3 (LIMITED
MULTIPLE FAMILY RESIDENTIAL) AND R-2 (LIMITED
MULTIPLE FAMILY RESIDENTIAL) ZONES TO AN R-1
(ONE FAMILY DWELLING) ZONE.
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 on the northeast corner of Buena
Vista Road and Ming Avenue; and
WHEREAS, by Resolution No. 28-89 on July 20, 1989, the
Planning Commission recommended approval and adoption of an
ordinance amending Title 17 of the Municipal Code to approve an
R-1 (One 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, after a preliminary environmental assessment,
the staff determined the project would not have a significant
adverse effect on the environment (with conditions). A Negative
Declaration was posted and advertised July 7, 1989; 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 a C-2
(Commercial), C-O (Commercial and Professional Office), R-3
(Limited Multiple Family Residential) and R-2 (Limited Multiple
Family Residential) Zones to an R-1 (One Family Dwelling) Zone,
and the Council has considered said findings and all appear to be
true and correct; 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 change should be authorized; and
WHEREAS, the site is currently vacant; and
WHEREAS, the proposed rezone application is consistent
with previously approved General Plan Amendment 2-88, Segment V
(City Council Resolution No. 221-88); and
WHEREAS, conditions listed as part of the previously
approved General Plan Amendment 2-88, Segment V are hereby incor-
porated by reference; 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 zoning from a C-2
(Commercial), C-O (Commercial and Professional Office), R-3
(Limited Multiple Family Residential) and R-2 (Limited Multiple
Family Residential) Zones to an R-1 (One Family Dwelling) Zone.
2. That the proposed zone change is consistent with the
Low Density Residential designation on Land Use Map of the
Bakersfield Metropolitan Area General Plan.
posted.
3. That a Negative Declaration was duly filed and
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 A C-2 (COMMERCIAL), C-O (COMMERCIAL AND
PROFESSIONAL OFFICE), R-3 (LIMITED MULTIPLE
FAMILY RESIDENTIAL); AND R-2 (LIMITED MULTIPLE
FAMILY RESIDENTIAL) ZONES TO AN R-1 (ONE
FAMILY DWELLING) ZONE:
Beginning at the southwest corner of Section 6,
Township 30 South, Range 27 East, M.D.B.&M.,
- 2 -
THENCE, North 00049'46" East along the West line
of said Section 6, 1,635.28 feet to a point on
the south boundary of the Kern River Canal;
THENCE departing from said West line North
65032'46" East on and along said south boundary
94.05 feet to the beginning of curve concave
northwest with a radius point which bears North
24°27'14" West, 550.00 feet;
THENCE Northeasterly along said curve through a
central angle of 18048'52", an arc distance of
180.61 feet;
THENCE North 46043'54" East, 462.75 feet;
THENCE departing ~rom said south boundary South
29°40'13" East, 877.50 feet;
THENCE North 60019'47" East, 200.00 feet to
the beginning of a curve concave southeasterly
with a radius point which bears South 29°40'13"
East, 1,000.00 feet;
THENCE Easterly along said curve through a
central angle of 13°40'01", an arc distance
of 238.53 feet to the beginning of a non-tangent
curve concave Northeasterly with a radius point
which bears North 77017'35" East, 1,000.00 feet;
THENCE Southeasterly along said curve through
a central angle of 59023'50", an arc distance
of 1,036.68 feet;
THENCE South 17053'45" West, 80.63 feet to the
beginning of a curve concave Easterly with a
radius point which bears South 72°06'15" East,
1,500.00 feet;
THENCE Southerly along said curve through a
central angle of 17°05'30", an arc distance
447.46 feet;
of
THENCE South 00°48'15" West, 300.00 feet to a
point on the South line of said Section 6;
THENCE North 89011'45" West along said South
line a distance of 1,990.00 feet to the Point of
Beginning.
Containing 69.49 acres more or less.
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.
.......... 000 ..........
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 September 13~ 1989 , by the
following vote:
AYES: COONCJLMEMBER$: ANTHONY, DEMON D, BMITH, RATTY, PETE RBON, McDERMOTT, SALVAGGIO
NOES: COUNCILMEMBERS: NO~
ABSENT: COUNCILMEMBERS
ABSTAIN: COUNCILMEMBERS:
Assistant CITY CLERK a~d? Ex Officio Clerk of
Council of the City of Bakersfield
the
APPROVED Sept ember
CLARENCE E. MEDDERS
MAYOR
13, 1989
of the City of Bakersfield
APPROVED as to form:
CITY ATTO~NEyof/he City of Bakersfield
LCM/meg ,~// % _/
00RD 4
ZC.C-2.1
8/23/89
- 4
ZONE CHANGE
4907
R-I
R'2
T50S, RUE
MARTIN-McINTOSH
R-3, R~4, C--0 & C~2
to Rrl
?
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
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 15th day of ~e.ptemb~r , 1989 she
posted on the Bulletin Board at City Hall, a. full, true and correct copy of
the following: Ordinance No. 3251
City Council at a meeting held on the 13th
and entitled:
, passed by the Bakersfield
day of September , 11)89 ,
AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAXERSFIELD
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
NORTHEAST CORNER OF BUENA VISTA ROAD AND MING AVENUE
FROM A C-2 (COMMERCIAL), CO-O (COMMERCIAE AND PRO-
FESSIONAL OFFICE), R-3 (LIMITED MULTIPLE FAMILY RESIDENTIAL
AND R-2 (LIMITED MULTIPLE FA~ILY RESIDENTIAL) ZONES TO AN
R-1 (ONE FAMILY DWELLING) ZONE.
/s/ CAROL WILLIAMS
CITY CLERK of the City of Bakersfield
NSAOPD
DEPUTY City Clerk ' ~