HomeMy WebLinkAboutORD NO 3313ORDINANCE NO. 3313
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 COMMONLY KNOWN AS
4900 THROUGH 5224 (EVEN ONLY) AND 4901
GAYLENE AVENUE FROM AN R-2 (LIMITED MULTIPLE
FAMILY DWELLING) ZONE, R-2-D (LIMITED MULTIPLE
FAMILY DWELLING-DESIGN OVERLAY) ZONE AND MH
(MOBILE HOME) ZONE TO AN R-1 (ONE FAMILY
DWELLING) ZONE AND FROM AN R-2-D (LIMITED
MULTIPLE FAMILY DWELLING-DESIGN OVERLAY) ZONE
TO AN MH (MOBILE HOME) 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 commonly known as 4900 through 5224 (even
only) and 4901 Gaylene Avenue; 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, and the Council
has considered said findings and all appear to be true and
correct; and
WHEREAS, by Resolution No. 32-90 on July 5, 1990, the
Planning Commission recommended approval and adoption of an
ordinance amending Title 17 of the Municipal Code to approve a
change of zoning of the subject property from an R-2 (Limited
Multiple Family Dwelling) Zone, R-2-D (Limited Multiple Family
Dwelling-Design Overlay) Zone and MH (Mobile Home) Zone to an R-1
(One Family Dwelling) Zone and from an R-2-D (Limited Multiple
Family Dwelling-Design Overlay) Zone to an MH (Mobile Home) Zone,
as delineated in Exhibit "A", attached hereto and incorporated as
though fully set forth herein, by this Council; and
WHEREAS, there appears to be no substantial detrimental
environmental impact which could result from the proposed project;
and
WHEREAS, a Negative Declaration was advertised and
posted on June 14, 1990 in accordance with CEQA; and
ORIGINAL
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 change in zoning of said property,
that zone change should be authorized; and
WHEREAS, the required public notices have been given;
and
WHEREAS, the site is land consisting of 24 lots with
single family residences on 80 percent of the lots; and
WHEREAS, the property was incorrectly depicted as being
zoned R-2, R-2-D and MH on the adopted zone map; and
WHEREAS, the correct zoning classification is R-1 along
Gaylene Avenue and MH in the mobile home park; and
WHEREAS, the site is depicted as LR
Residential) on the Metropolitan Bakersfield
and
(Low Density
2010 General
Plan;
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 in zone.
maps
Plan.
2. That the proposed correction to the adopted zone
is consistent with the Metropolitan Bakersfield 2010 General
3. The project would not have a significant adverse
effect on the environment.
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. 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 that certain property in said
City, the boundaries of which property is shown on the map marked
Exhibit "A" attached hereto and made a part hereof, as follows:
ORIGINAL
FROM AN R-2 (LIMITED MULTIPLE FAMILY DWELLING)
ZONE TO AN R-1 (ONE FAMILY DWELLING) ZONE:
Lot 28 of Tract 4551 in the City of Bakersfield,
County of Kern, State of California, as per map
recorded March 21, 1983 in Map Book 32, Page 61,
in the Office of the County Recorder of said
County.
FROM AN R-2-D (LIMITED MULTIPLE FAMILY DWELLING-
DESIGN OVERLAY) ZONE TO AN R-1 (ONE FAMILY
DWELLING) ZONE:
Lot 3 and 4 of Tract 4551 in the City of Bakers-
field, County of Kern, State of California, as
per map recorded March 21, 1983 in Map Book 32,
Page 61, in the Office of the County Recorder of
said County.
FROM AN MH (MOBILE HOME) ZONE TO AN R-1 (ONE FAMILY
DWELLING) ZONE:
Lots 5 through 25 of Tract 4551 in the City of
Bakersfield, County of Kern, State of California,
as per map recorded March 21, 1983 in Map Book 32,
Page 61, in the Office of the County Recorder of
said County.
FROM AN R-2-D (LIMITED MULTIPLE FAMILY DWELLING-
DESIGN OVERLAY) ZONE TO AN MH (MOBILE HOME) ZONE:
Lot 259 of Tract 3617 in the City of Bakersfield,
County of Kern, State of California, as per map
recorded January 18, 1973 in Map Book 24, Page 127,
in the Office of the County Recorder of said
County.
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 ..........
ORIGINAL
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 $EP 5 1990 , by the
following vote:
AYES; COUNCILMEMBERS EDWARDS~teMOND, SMITH, BRUNNI, PETERSON. McDERMOTt, SALVAGGIO
NOES; COUNCILMEMBERS' ~D~/E
ABSENT COUNCILMEMBERS ~0 A,'~.
ABSTAIN COUNCILMEMBERS ,'%/~ ,%,' ~
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED SIP 5 1990
~CLARENCE E. MED~ERS
MAYOR of the City of Bakersfield
APPROVED as to form:
A ,. U J. ELD --
CITY ATTORNEY of th of Bakersfield
LCM/meg
Attachment
Exhibit
O ORD 4
ZC.Ri-1
8/15/90
- 4 -
ORIGINAL
EXHIBIT A
EXISTING
CORRECTED
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 1st day of October , 1990 she
posted on the Bulletin Board at City ~all, a full, true and correct copy of
the following: Ordinance No. 3313 , passed by the Bakersfield
City Council at a meeting held on the 5th day of September 19 90
and entitled:
CAROL WIDLIAMS
CITY CLERK of the City of Bakersfield
DEPUTY City Clerk
NSAOPD