HomeMy WebLinkAboutORD NO 3258ORDINANCE NO. 3258
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 AT THE
SOUTHWEST CORNER OF VIRGINIA AVENUE AND
STERLING ROAD FROM AN R-1 (ONE FAMILY DWELLING)
ZONE TO AN MH (MOBILE HOME) OR MORE RESTRICTIVE
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 at the southwest corner of Virginia
Avenue and Sterling Road.
WHEREAS, by Resolution No. 32-89 on August 17, 1989, the
Planning Commission recommended approval and adoption of an
ordinance amending Title 17 of the Municipal Code to approve an
MH (Mobile Home) or more Restrictive 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 MH (Mobile Home) or more
Restrictive 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 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 vacant s~te is designated as Low Density
Residential on the Bakersfield Metropolitan General Plan; and
WHEREAS, automobile trips generated by the proposed use
will be fewer than those generated by the current designation;
and
WHEREAS, the project will not exceed a density 5.49
dwelling units per acre over a 55 acre area; and
WHEREAS, the developer agreed to proposed conditions of
approval regarding density limitations, review of wall and land-
scape plans, and guest parking; and
WHEREAS, all required public notices have been given; and
WHEREAS, the provisions of CEQA have been followed; 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 MH (Mobile Home) or more Restrictive
Zone;
2. That the proposed zone change is consistent with the
General Plan of the City of Bakersfield;
3. That a Negative Declaration was duly filed and
posted.
4. Overall density will not exceed what is allowed by
the General Plan.
use will
use.
5. Traffic generated at build-out of the proposed
be less than that of build-out of the currently allowed
6. Walls and landscaping will provide a buffer between
the proposed mobilehome park and the adjacent properties.
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)
Code of the City of Bakersfield be and the
by changing the land use zoning of certain
of the Municipal
same is hereby amended
properties in said
- 2 -
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 MH
(MOBILE HOME) ZONE:
That portion of the North half of the Southwest
Quarter of Section 35, Township 29 South, Range 28
East, M.D.B.&M., according to the Official Plat
thereof, located in the City of Bakersfield, County
of Kern, State of California described as follows:
Beginning at the Northeast corner of the Southwest
Quarter of said Section 35;
THENCE South 00027'29" West
of the Southwest Quarter of
distance of 1039.18 feet;
along the East line
said Section 35 a
TRENCE South 89°51'10" West along a line parallel
with the South line o~f the North half of the
Southwest Quarter of said Section 35, a distance
of 280.00 feet therefrom, measured perpendicular
thereto, a distance of 1142.22 feet to the beginning
of a non-tangent curve, the center of which bears
North 60o51'50" West, having a radius of 92.00
feet;
THENCE along .said curve through a central angle of
29o17'00" an arc distance of 47.02 feet;
THENCE North 00°08'50" West along a line perpen-
dicular to the South line of the North half of the
Southwest Quarter of said Section 35 a distance of
369.00 feet;
THENCE North 89°51'10" East along a line parallel
with the South line of the North half of the South-
west Quarter of said Section 35 a distance of 139.78
feet;
THENCE North 00o27'29" East along a line parallel
with the East line of the Southwest Quarter of said
Section 35 a distance of 47.33 feet;
THENCE North 31056'25" East a distance of 57.45 feet;
THENCE North 00°27'29" East along a line parallel with
the East line of the Southwest Quarter of said Section
35 a distance of 528.29 feet to the North line of the
Southwest Quarter of said Section 35;
- 3 -
THENCE North 89050'30" East along the North 89050'30"
East along the North line of the Southwest Quarter of
said Section 35 a distance of 965.06 feet to the
Point of Beginning.
Contains 24.67 acres.
The foregoing zone changes are subject to the following
conditions of development:
Overall density of 55 acres of low density
residential property (Tract 4919) east of
Oswell Street to Sterling Road, north of
Oswell Park Drive to Virginia Avenue shall
not exceed 5.49 dwelling units per gross
acre.
2
Prior to recordation of the final map on
the mobile home subdivision, the applicant
shall:
a)
Provide a plot plan and elevations
of proposed buildout of the
"club house" parcel for Planning
Commission consideration.
b)
Provide wall and landscaping plans for
Planning Commission consideration.
Plans should designed by a licensed
landscape architect and depict 7-1/2
feet of landscaping behind sidewalk along
Virginia Street and Sterling Road and
include 15 gallon trees spaced at an
average of 30 feet. Design should
display variety in the selection of
plant materials and groupings. Plans
shall be accompanied by wall and landscape
application available at the Planning
Department.
c)
Depict location Of required guest parking
on final subdivision map.
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 0el 1 ~ 1989 , by the
following vote:
AYES: COI3~,~ClLMEM~ERS: ANTHONY, DeMOND, SMiTH, RATTY PETERSON,McDERMO~I',BALVAGG O
NOES: COUNCtLMEMBER$: o[le
ABSENT: COUNCILMEMBERS ~o°ne
ABSTAIN: COUNCILMEMBERS; None
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
OCT t. I 1989
CLARENCE E. ~DDER~
MAYOR of the City of Bakersfield
APPROVED as to
CITY ATTOR~ c
LCM/meg~"~
Attachment: Map
form:
ity of Bakersfield
O ORD 4
ZC.MH.1-.5
9/18/89
- 5 -
ZONE CHANGE
4922
LaNE
R-I
? 4?o
SCALE ~N FEET
EAST
~/ly
~oun/y
R-I
Coon ! r Z~ V E N LIE
ROYANN AV~
WEAVER
~ T29S, R28E _
BRUND~GE
COi~qERSTONE
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. 3258 , passed by the Bakersfield
the 11th day of October , 1989 ,
AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSIFELD AMENDING
TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING
THE LAND USE ZONING OF THOSE CERTAIN PROPERTIES IN THE CITY
OF BAKERSFIELD LOCATED AT THE SOUTHWEST CORNER OF VIRGINIA
AVENUE AND STERLING ROAD FROM AN R-1 (ONE FAMILY DWELLING) ZONE
TO AN MH (~OBILE HOME) OR MORE RESTRICTIVe-ZONE.
NSAOPD
/s/ CAROL WILLIAMS
CITY CLERK of the City of
DEPUTY City
Bakersfield