HomeMy WebLinkAboutORD NO 3305ORDINANCE NO. 3305
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
NORTH SIDE OF PALADINO IN THE SOUTHEAST
QUARTER OF SECTION 12, TOWNSHIP 29 SOUTH,
RANGE 28 EAST FROM AN A (AGRICULTURE) TO
AN R-1 (ONE FAMILY DWELLING) ZONE ON 108
+/- ACRES.
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 north side of Paladino in the
southeast quarter of Section 12, Township 29 South, Range 28
East; and
WHEREAS, by Resolution No. 21-90 on June 7, 1990, 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 on 108 +/- acres, as delineated
on attached map, by this Council and this Council has fully con-
sidered 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 A
(Agriculture) Zone 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, 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 the zone change should be authorized; and
WHEREAS, a Negative Declaration was advertised and
posted on February 23, 1990 in accordance with CEQA (ZC 4981
file).
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 zone changes;
2. That the proposed rezoning is consistent with the
Metropolitan Bakersfield 2010 General Plan of the City of
Bakersfield.
3. That the following condition included in the project
will ensure the necessary traffic signals are in place for the
transition of land use.
a. Traffic signals are required prior to the issuance
of a certificate of occupancy within the project
area and the developer's share is shown as a)
Morning Drive at State Route 178 (14.0%); b)
Morning Drive at Panorama Drive (19.3%); c)
Morning Drive at Paladino Drive (22.1%) of the
costs.
posted.
4. That a Negative Declaration was duly filed and
5. Based upon an initial environmental assessment,
the project, including mitigation measures, will not have a sig-
nificant adverse effect on the environment. A Negative
Declaration was advertised and posted on February 23, 1990 in
accordance with CEQA.
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. The Negative Declaration is hereby approved and
adopted.
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 A (AGRICULTURE) ZONE TO AN R-1
(ONE FAMILY DWELLING) ZONE:
All that portion of the east half of the
southeast quarter and the southwest quar-
ter of the southeast quarter of Section
12, Township 29 South, Range 28 East,
M.D.B.&M. in the City of Bakersfield,
County of Kern, State of California, more
particularly described as follows:
Beginning at the southeast corner of said
Section 12;
THENCE N 0°29'16" east, along the east
line of said southeast quarter, a dis-
tance of 2649.01 feet to the northeast
corner of the southeast quarter of said
Section 12;
THENCE N 89°48'41" west, along the north
line of said southeast quarter, a dis-
tance of 1336.43 feet to the northwest
corner of the east half of the southeast
quarter of said Section 12;
T~ENCE S 0°31'12" west, a distance of
1323.99 feet to the northeast corner of
the southwest quarter of the southeast
quarter of said Section 12;
THENCE N 89°47'21" west, along the north
line of said southwest quarter, a dis-
tance of 1150.69 feet;
THENCE S 0°38'01" west, a distance of
1323.56 feet to the south line of the
southeast quarter of said Section 12;
THENCE S 89°46'01" east, along said south
line, a distance of 2491.23 feet to the
Point of Beginning.
ORDINAL
Excepting therefrom the following
described parcel of land:
Commencing at the southeast corner of
said Section 12;
THENCE N 89°46'01" west along the south
line of said southeast quarter, a dis-
tance of 1636.44 feet to the True Point
of Beginning;
THENCE N 3054'48" east, a distance of
567.70 feet;
THENCE N 0037'42" east, a distance of
757.36 feet to a point on the north line
of the southwest quarter of said south-
east quarter;
THENCE N 89°47'21" west, along said north
line, a distance of 280.01 feet;
THENCE S 0°37'42" west, a distance of
1323.79 feet to a point on the south line
of said southeast quarter;
THENCE S 89°46'01" east, along said south
line, a distance of 247.48 feet to the
True Point of Beginning.
Containing 108.02 acres, more or less.
5. The foregoing zone change is subject to the follow-
ing condition included in the project to ensure the necessary
traffic signals are in place for the transition of land use:
a. Traffic signals are required prior to the issuance of
a certificate of occupancy within the project area
and the developer's share is shown as a) Morning
Drive at State Route 178 (14.0%); b) Morning Drive at
Panorama Drive (19.3%); c) Morning Drive at Paladino
Drive (22.1%) of the costs.
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 JUL 2 § ~§§0 , by the
following vote:
AYES; COUNCiLMEMBERS: EDWAROB,.O, eMOND, SMITH, BRUNNr, PETERSON, McDERMOTr. SALVAGGIO
NOES; COUNCILMEMBERS /V~-~,
ABSENT COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS'
ASSISTANT CITY CLERK and E~l'Officio Clerk of
Council of the C[~y of Bakersfield
the
APPROVED JUL 2 5 1990
r
CLARENCE E. MEDDERS
MAYOR of the City of Bakersfield
APPROVED as to form:
ARTHUR J.~-'SAA~ETJD ~
CITY ATTORNEY of the City of Bakersfield
AJS/meg
Attachment
Exhibit
O ORD 4
ZC.R-i.1
7/3/90
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ORIGINAL
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ZONE CHANGE
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WILEY HUGHES
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~LADINO DRIVE lg017
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 30th day of 3uly , 1990 she
posted on the Bulletin Board at City Hall, a full, true and correct copy of
the following: Ordinance No. 3305 , passed by the Bakersfield
City Council at a meeting held on the 25th day of 3uly , 1~,90 ,
and entitled:
CAROL WILLIAMS
CITY CLERK of the City of Bakersfield
By:
DEPUTY City Clerk
NSAOPD