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Home My WebLink AboutORD NO 3328ORDINANCE NO. 3328 AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING TITLE SEVEBT~-~,N OF THE BAKERSFIELD MUNICIPAL CODE AND CITY ZONING MAP NO. 103-25 BY CHANGING TH~ LAND USE ZONING OF THAT CERTAIN PROP~'A'X IN THE CITY OF BAKERSFIELD LOCATED 0~ THE SOUTH SIDE OF COLLEGE AVENUE BETWEEN MORNING DRIVE AND SM~/tm~.T. WAY FROM AN R-3 AND A C-2-D ZONE TO A C-2 (COI~Ya~CIAL) ZONE, FROM AN R-1 AND R-2-D ZONE TO AN R-2 (LIMITED MULTIPLE FAMILY DWELLING) ZONE AND FROM AN R-2-D ZONE TO AN R-1 (ONE FAMILY DWELLING) ZONE. W~m~EAS, 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 on the south side of College Avenue, in the City of Bakersfield; and W~{EAS, by Resolution No. 40-90 on September 20, 1990, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve a C-2 (Commercial) Zone and an R-2 (Limited Multiple Family Dwelling) Zone and an R-1 (One Family Dwelling) Zone, 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 R-3 (Limited Multiple Family Dwelling) Zone and a C-2-D (Commercial - Design Overlay) Zone to a C-2 (Commercial) Zone, from an R-1 (One Family Dwelling) Zone and an R-2-D (Limited Multiple Family Dwelling) Zone to an R-2 (Limited Multiple Family Dwelling) Zone, and from an R-2-D (Limited Multiple Family Dwelling - Design Overlay) 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 WqlEREAS, 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 WHEREAS, the area is designated as HMR High Medium Density Residential and GC General Commercial in the Land Use Element of the Metropolitan Bakersfield 2010 General Plan; and WHEREAS, subject property was zoned as it existed in 1978; and WHEREAS, in 1985 a tract map (Tract Map 4519) was recorded over the area; and WHEREAS, the property lines on the tract map did not correspond exactly with the zoning district boundary lines adopted in 1978; and WHEREAS, the purpose of this zone change is to match the zoning district boundary lines represented on City Zoning Map Number 103-25 with the corresponding property lines; and WI{EREAS, 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. That public necessity, convenience, general welfare and good zoning practice justify the zone change. 4. 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 August 31, 1990. 2. The zone change will realign the zoning district boundaries to correspond with existing property lines. - 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 on Map No. 103-25 attached hereto as Exhibit "A" and made a part hereof as though fully set forth of that certain property in said City as hereinafter described to wit: FROM AN R-3 (LIMITED MULTIPLE FAMILY DWELLING) ZONE AND A C-2-D (COM~L~KCIAL -DESIGN O~a(LAY) ZONE · o A C-2 (COmmERCiAL) Z0~E. Lot 132 of Tract No. 4519 in the City of Bakersfield, County of Kern, State of California as per map filed February 20, 1986 in Book 35, Page 20 of Maps in the office of the Kern County Recorder. FROM AN R-1 (ONE FAMILY DWELLING) ZONE AND AN R-2-D (LIMIT~-,~ MULTIPLE FAMILY DWelLING - DESIGN OVERLAY) ZONE TO AN R-2 (LIMITeD MULTIPLE FAMILY DWELLING) Z(H~E. Lots 95, 96, 97, 98, 99, 100, 101, 102, 103, 104 & 105 of Tract No. 4519 in the City of Bakersfield, County of Kern, State of California as per map filed February 20, 1986 in Book 35, Page 20 of Maps in the office of the Kern County Recorder. - 3 - FROM ANR-2-D (LIMITED MULTIPLE FAMILY DWELLING - DESIGN O~uAY). ZONE TO AN R-1 (ONE FAMILY DWELLING) ZONE. A portion of Lots 45, 46, 47, 48, 49 & 50 of Tract No. 4519 in the City of Bakersfield, County of Kern, State of California as per map filed February 20, 1986 in Book 35, Page 20 of Maps in the office of the Kern County Recorder. 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 HE~RR¥ CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on NOV 2 8 1990 , by the following vote: AYES; COUNCILMEMBERS: EDWARDS, B,eMOND. SMITH, BRUNNI, PETERSON, M~'~c. RMe'FE SALVAGCIO NOES: COUNCILMEMBERS: NOA/E ABSENT COUNCILMEMBERS: /~c ~E~ I"lO TI' .... ABSTAIN: COUNCILMEMBERS' .,~'~/,~ '- CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED NOV 2 8 lgg0 CLARENCE E. MAYOR of the City of Bakersfield APPROVED as to form: ROBERT M. SB~F~ ACTING CITY ATTORNEY of the City of Bakersfield RMS/LCM/meg Attachment - Exhibit "A" ZC-ORD~ VARIOUS.ZC 10/30/90 - 5 - kV I1~-- 5064 R-1 R-2-D R-1 R-1 RYAN DRIVE R-1 1 C-2PD I I R-1 ' TO R-2 ~ _1..C~H /~--1 R - _ _ I i ,~-I i' o ,~ ~1 II1: COtJl~ ~ FROM C-2-D TO C-2 · ~ TO .-~-D ' ~ FROM R-5--D TO (:--2 · ~ FROM R-2.-D TO R-2 , ;~:~'~ FROM R-2--D TO R-1 A-I C-2PD C-2PD T29S, R2~ 30 12gs, R29E HULL x. ASSOCIATES AFFIDAVIT OF POSTING DOCUMENTS sTATE OF CALIFORNIA) ) 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 Nov~mh~ , 19~0 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3~?~ passed by the Bakersfield City Council at a meeting held on the 28th day of November 1990 and entitled: /s/ CAROL WILLIAMS CITY CLERK of the City of Bakersfield DEPutY City Clerk NSAOPD