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Home My WebLink AboutORD NO 3286ORDINANCE NO. 3286 AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING TITLE SEVE~Tw. EN OF T~E BAKERSFIELD MUNICIPAL CODE BY CHANGING THE LAND USE ZONING OF THAT CERTAIN PROPERTY IN THE CITY OF BAKERSFIELD LOCATED AT T~E SOUTHWEST CORNER OF BRIMHALL ROAD AND HARVEST CREEK ROAD FROM AN M-2 (GENERAL MANUFACTURING) ZONE TO AN R-3 (LIMITED MULTIPLE FAMILY DWELLING) ZONE AND 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 that certain property located at the southwest corner of Brimhall Road and Harvest Creek Road, in the City of Bakersfield; and WHEREAS, by Resolution No. 8-90 on February 15, 1990, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve an R-3 (Limited Multiple Family Dwelling) Zone on approximately 4.73+/- acres and an R-1 (One Family Dwelling) Zone on approximately 44.17+/- acres, as delineated on attached map marked Exhibit "A", 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 M-2 (Manufacturing) Zone to an R-3 (Limited Multiple Family Dwelling) Zone on 4.73+/- acres, and from an M-2 (Manufacturing) Zone to an R-1 (One Family Dwelling) Zone on 44.17+/- 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 consideration 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 O~qlGINAL WHEREAS, the vacant site is designated as Medium Density Residential on the Bakersfield Metropolitan General Plan; and WHEREAS, there is a proposed freeway alignment along the southerly portion of the site; and WHEREAS, the General Plan limits the density to 6.4 dwelling units per gross acre, excluding the proposed freeway; and WHEREAS, the total number of dwelling units on the entire site cannot exceed two-hundred ninety four; and WHEREAS, the conditions of approval listed below will ensure consistency and conformance with the general plan; and WHEREAS, the City Council has considered and hereby makes the following findings: 1. All required public notices have been given. 2. The provisions of CEQA have been followed. 3. The proposed change will not have a significant adverse effect on the environment. 4. That public necessity, convenience, general welfare and good zoning practice justify the change of zone from an M-2 (General Manufacturing) Zone to and R-3 (Limited Multiple Family Dwelling) Zone and an R-1 (One Family Dwelling) Zone. 5. That the proposed rezoning is consistent with the Bakersfield Metropolitan Area General Plan. WHEREAS, the above findings are based on the following facts: 1. After a preliminary environmental assessment, staff determined the project would not have a significant adverse effect on the environment. A Negative Declaration was posted and advertised December 8, 1989. 2. The general plan designation for this area allows residential development. 3. Zoning is conditioned to ensure the density allowed by the general plan is not exceeded. - 2 - 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. This proposed amendment to the zoning ordinance is consistent with the General Plan. 4. 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 ANM-2 (MANUFACTURING) ZO~ETO AN R-3 (LIMITED MULTIPLE FAMILY DWELLING) ZONE. The north 365.00 feet of the west 696.00 feet of the following described parcel: All that portion of the northwest quarter of Section 32, Township 29 South, Range 27 East, M.D.B.&M., City of Bakersfield, County of Kern, State of California, described as follows: Beginning at the north quarter corner of said section; THENCE south 00°41'03" west along the east line of the northwest quarter 2639.12 feet to the center of said section; THENCE north 89°08'04" west along the east-west mid-section line 827.13 feet; THENCE departing from said east- west mid- section line north 00°41'47" east 2638.52 feet to a point on the north line of the northwest quarter; - 3 - ORiGiNAL THENCE south 89010'36" east along the north line of said northwest quarter 826.57 feet to the point of beginning. (4.73+/- acres) FROM AN M-2 (MANUFACTURING) ZONE TO AN R-1 (ONE-FAMILY DWELLING) ZONE. All that portion of the northwest quarter of Section 32, Township 29 South, Range 27 East, M.D.B.&M., City of Bakersfield, County of Kern, State of California, described as follows: Beginning at the north quarter corner of said section; THENCE south 00a41'03" west along the east line of the northwest quarter 2639.12 feet to the center of said section; THENCE north 89°08'04" west along the east-west mid-section line 827.13 feet; THENCE departing from said east- west mid-section line north 00041'47" east 2638.52 feet to a point on the north line of the northwest quarter; THENCE south 89010'36" east along the north line of said northwest quarter 826.57 feet to the point of beginning. Excepting the north 365.00 feet of the west 696.00 feet. (44.17+/- acres) and 5. Approval of the above zone changes is made subject to the following conditions: Maximum dwelling units allowed over the entire project area shall not exceed 294. - 4 - ORiGiNAL A document shall be recorded to reserve the southerly 194 feet of the property for freeway purposes. 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 .......... - 5 - )R I ?/EREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on APR 4 1990 , by the following vote: AYES; COUt{CtLMEMSERS: EDWARDS1 ~)eMOND, 3;,;;T;;, BRUNNI. PETER$ON, t~C~:7,L;GTT, SALVAGGI0 NOES; COu~!CI~ MEMBERS ABSENT CCUNCiLMEMBER$: ABSTAIN: COUNCILMEMBERS ASSISTANT CItY CLERK and gx OfficiO/CierA of the Coun¢±l of the City of BaAersfield APPROVED ~APR 4 1990 MAYOR of the City of Bakersfield APPROVED as to form: ARTHUR J. EJLALFIELD~ ~ CITY ATTORNEY of the City of Bakersfield AJS/meg Attachment - Exhibit "A" ZC-ORD\ R2-ZONE.O 3/15/90 ORIGINAL 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 11th day of April , 19 90 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3286 City Council at a meeting held on the 4th and entitled: , passed by the Bakersfield day of April , 1990 , By: CAROL WILLIAMS CITY CLERK of the City of Bakersfield DEPUTY City Clerk NSAOPD