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HomeMy WebLinkAboutORD NO 3252ORDINANCE NO. 3252 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 IN "KERN CITY" FROM AN R-1 (ONE FAMILY DWELLING) ZONE TO AN R-i-SC (ONE FAMILY DWELLING-SENIOR CITIZEN) ZONE; FROM AN R-2 (LIMITED MULTIPLE FAMILY DWELLING) ZONE TO AN R-2-SC (LIMITED MULTIPLE FAMILY DWELLING- SENIOR CITIZEN) ZONE; FROM AN R-2-D (LIMITED MULTIPLE FAMILY DWELLING-ARCHITECTURAL DESIGN) ZONE TO AN R-2-SC (LIMITED MULTIPLE FAMILY DWELLING-SENIOR CITIZEN) ZONE; FROM AN R-3 (LIMITED MULTIPLE FAMILY DWELLING) ZONE TO AN R-3-SC (LIMITED MULTIPLE FAMILY DWELLING-SENIOR CITIZEN) ZONE; AND FROM A P.U.D. (PLANNED UNIT DEVELOPMENT) ZONE TO AN R-2-SC (LIMITED MULTIPLE FAMILY DWELLING-SENIOR CITIZEN) 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 in "Kern City;" and WHEREAS, the City Council adopted Ordinance No. 3194 which allows restricting occupancy to senior citizens aged fifty- five or older or qualifying residents; and WHEREAS, by Resolution No. 25-89 on July 6, 1989, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve various zone changes, as delineated on the 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-1-SC (One Family Dwelling-Senior Citizen) Zone; from an R-2 (Limited Multiple Family Dwelling) Zone to an R-2-SC (Limited Multiple Family Dwelling-Senior Citizen) Zone; from an R-2-D (Limited Multiple Family Dwelling- Architectural Design) Zone to an R-2-SC (Limited Multiple Family Dwelling-Senior Citizen) Zone; from an R-3 (Limited Multiple Family Dwelling) Zone to an R-3-SC (Limited Multiple Family Dwelling-Senior Citizen) Zone; and from a P.U.D. (Planned Unit Development) Zone to an R-2-SC (Limited Multiple Family Dwelling- Senior Citizen) 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 project~ and WHEREAS, the owners or occupants of 79% of the proper- ties signed a petition requesting SC (Senior Citizen) Zoning; 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 changes in zoning; 2. That the proposed zone changes are consistent with the General Plan of the City of Bakersfield; 3. That a Negative Declaration was duly filed and posted. 4. That the property contains "significant facilities" for older persons as required by the federal Fair Housing Act. 5. That at least 80% of the residential units within the area zoned herein are occupied by at least one person 55 years of age or older. 6. That provisions have monitoring and enforcement of the state law. been made for the continued requirements of federal 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 - 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-1-SC (ONE FAMILY DWELLING-SENIOR CITIZEN) ZONE: Tract 2560, City of Bakersfield, County of Kern, State of California as per map recorded June 29, 1962, in Book 13, Page 9 of Maps recorded in the Office of the County Recorder of said County. EXCEPT Lots 1, 270, 277, 278, 280, 281, 282, 283, 284, 285. Tract 2562, City of Bakersfield, County of Kern, State of California as per map recorded October 6, 1964, in Book 14, Page 81 of Maps recorded in the Office of the County Recorder of said County. EXCEPT Lots 299 through 305. Tract 2886, City of Bakersfield, County of Kern, State of California as per map recorded October 19, 1965, in Book 14, Page 150 of Maps recorded in the Office of the County Recorder of said County. Tract 3129, City of Bakersfield, County of Kern, State of California as per map recorded January 22, 1968, in Book 15, Page 91 of Maps recorded in the Office of the County Recorder of said County. Tract 3519, City of Bakersfield, County of Kern, State of California as per map recorded November 29, 1971, in Book 22, Page 154 of Maps recorded in the Office of the County Recorder of said County. Tract 3525, City of Bakersfield, County of Kern, State of California as per map recorded April 20, 1972, in Book 23, Page 115 of Maps recorded in the Office of the County Recorder of said County. - 3 Tract 3664, City of Bakersfield, County of Kern, State of California as per map recorded August 17, 1973, in Book 24, Page 199 of Maps recorded in the Office of the Co~]nty Recorder of said County. Tract 3701, City of Bakersfield, County of Kern, State of California as per map recorded August 15, 1974, in Book 25, Page 146 of Maps recorded in the Office of the County Recorder of said County. FROM AN R-2 (LIMITED MULTIPLE FAMILY DWELLING) ZONE TO AN R-2-SC (LIMITED MULTIPLE FAMILY DWELLING-SENIOR CITIZEN) ZONE: Lots 281, and 285 of said Tract 2560. Tract 2600, City of Bakersfield, County of Kern, State of California per Map recorded October 31, 1961, Book 12, Page 73 of Maps recorded in the Office of the County Recorder of said County. Tract 2606, City of Bakersfield, County of Kern, State of California as per Map recorded November 2,1961, Book 12, Page 85 of Maps recorded in the Office of the County Recorder of said County. Tract 2607, City of Bakersfield, County of Kern, State of California as per Map recorded November 2, 1961, Book 12, Page 87 of Maps recorded in the Office of the County Recorder of said County. Tract 2608, City of Bakersfield, County of Kern, State of California as per Map recorded November 2, 1961, Book 12, Page 89 of Maps recorded in the Office of the County Recorder of said County. Tract 2622, City of Bakersfield, County of Kern, State of California as per Map recorded March 16, 1962, Book 12, Page 155 of Maps recorded in the Office of the County Recorder of said County. - 4 - Tract 2623, City of Bakersfield, County of Kern, State of California as per Map recorded March 16, 1962, Book 12, Page 153 of Maps recorded in the Office of the County Recorder of said County. FROM AN R-2-D (LIMITED MULTIPLE FAMILY DWELLING-ARCHITECTURAL DESIGN) ZONE TO AN R-2 SC (LIMITED MULTIPLE FAMILY DWELLING-SENIOR CITIZEN) ZONE: Tract 3273, City of Bakersfield, County of Kern, State of California as per Map recorded October 1, 1970, Book 18, Page 190 of Maps recorded in the Office of the County Recorder of said County. Tract 2624, City of Bakersfield, County of Kern, State of California as per Map recorded March 16, 1962, Book 12, Page 155 of Maps recorded in the Office of the County Recorder of sai~ County. Tract 3372, City of Bakersfield, County of Kern, State of California as per Map recorded January 22, 1970, Book 18, Page 190 of Maps recorded in the Office of the County Recorder of said County. Tract 3434, City of Bakersfield, County of Kern, State of California as per Map recorded October 1, 1970, Book 20, Page 73 of Maps recorded in the Office of the County Recorder of said County. Tract 3609, City of Bakersfield, County of Kern, State of California as per Map recorded July 13, 1972, Book 24, Page 65 of Maps recorded in the Office of the County Recorder of said County. Tract 3675, City of Bakersfield, County of Kern, State of California as per Map recorded March 20, 1974, Book 25, Page 98 of Maps recorded in the Office of the County Recorder of said County. - 5 - 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 _ ~l 1 ~ m , by the following vote: ABSENT: COUNCILMEMBERS None ABSTAIN: COUNCILMEMBERS: ~'c~n ~, ../' ,' ~ " /'" -'----:' ,-- CITY CLERK and Ex Officio Clerk of Council of the City of Bakersfield the APPROVED 'OCT I I 1069 CLARENCE E. MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: CITY ATTOR'~Y~f/he/City Of Bakersfield AJS/meg O ORD 4 ZC.SCZONE1 9/28/89 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 12th day of October , 1989 she posted on the Bulletin Board at City Hall, a. full, true and correct copy of the following: Ordinance City Council at a meeting held on and entitled: No. 3252 , passed by the Bakersfield the 11th day of October , 1989 , AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD ~UNICIPAL'CODE BY CHANGING TIlE LAND USE ZONING OF TIIOSE CERTAIN PROPERTIES IN THE CITY OF BAKERSFIELD LOCATED IN "KERN CITY" FROIf AND R-i (ONE FAMILY DWELLING) ZONE TO AN R-1-SC ('ONE FAMILY D~ELLING-SENIOR CITIZEN) ZONE; FRO~? AN R-2 (iLI~!ITED I~ULTIPLE FAMILY DWELLING) ZONE TO AN R-2~SC (LIMITED ~ULTIPLE FA~ILY DWELLING-SENIOR CITIZEN) ZONE~ FRO~f AN R-2~D (LI)~ITED MULTIPLE FAMILY DWELLING- ARCHITECTURAL DESIGN) ZONE TO AN R-2-SC (LIMITED ~{ULTIPLE FAMILY DWELLING~SENIOP CImlZEN) ZONE; FROM AN R-3 (LI~ImED ~ULTIPLE FAMILY DWELLING) ZONE TO AN R-3-SC (LI~ITEq MULTIPLE FAMILY DWELLING-SENIOR CITIZEN) Z~NE; &~9 FROM A P.U.D. (PLANNED UNIT DEVELOP~{ENT) ZONE TO AN R-2-SC (LI~ITED MULTIPLE FAMILY DWELLING-. SENIOR CITIZEN) ZONE. /s/ CAROL WILLIAMS CITY CLERK of the City of Bakersfield NSAOPD D~PUTY City Clerk/