Loading...
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