HomeMy WebLinkAboutORD NO 3329ORDINANCE NO. 3329
AN ORDINANCE OF THE COUNCIL OF THE
CITY OF BAKERSFIELD AMENDING MAP
NO. 123-22 OF TITLE SEVEBT~-~z~ OF
THE BAKERSFIELD MUNICIPAL CODE BY
CHANGING THE LAND USE ZONING OF
THAT CERTAIN PROP~a('I'Y IN '£n~. CITY
OF BAKERSFIELD LOCATED ALONG THE
SOUTH SIDE OF HARRIS ROAD APPROX-
MATELY 1,600 FEET EAST OF ASHE ROAD
AND APPROXIMATELY 3,000 FEET WEST
OF STINE ROAD FROM A C-1 (LIMIT~O
CO~ERCIAL) ZONE TO AN R-1 (ONE
FAMILY DWELLING) ZO~'E.
WHEREAS, in accordance with the procedure set forth in
Title 17 of the Municipal Code of the City of Bakersfield, the
Planning Commission held a public hearing on a petition to change
the land use zoning of that certain property located along the
south side of Harris Road approximately 1,600 feet east of Ashe
Road and approximately 3,000 feet west of Stine Road, in the City
of Bakersfield; and
WqIEREAS, by Resolution No. 39-90 on September 20, 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, minimum lot area shall not be less
than 6,000 square feet per dwelling unit) Zone, as delineated on
attached map marked Exhibit "A", and this Council has fully
considered the findings made by the Planning Cormmission as set
forth in that Resolution; and
WHEREAS, the Planning Co~ission, 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 a C-1
(Limited Commercial) Zone to an R-1 (One Family Dwelling, minimum
lot area shall not be less than 6,000 square feet per dwelling
unit) 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
consideration 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, subject site is located within the boundaries
of the General Plan Amendment 3-80, Segment IV, Zoning Upon
Annexation 3597 and Annexation 81-24 (Panama No. 3), for which an
Environmental Impact Report was prepared.
WHEREAS, after a preliminary environmental assessment,
staff determined the project would not have a significant adverse
effect on the environment. A Negative Declaration was posted on
July 30, 1990 and advertised August 31, 1990 in accordance with
CEQA.
WHEREA~, 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.
5. The project will not have a significant adverse
effect on the environment.
NOW, THEREFORE, BE IT OP/)AIN~ 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. 123-22 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 A C-1 (LIMIT~u C~CIAL) TO
AN R-1 (ONE FAMILY DW~J.TNG,
MINIMUM LOT AREA SHALL NOTBE LESS
~ 6,000 SQUA~ FI~TP~. DgT~LLII~
UNIT) ZONE.
All that portion of the southwest
quarter of Section 22, Township 30
south, Range 27 east, M.D.B.&M., in the
unincorporated area of the City of
Bakersfield, State of California,
according to the Official Plat thereof,
being more particularly described as
follows:
Commencing at the northeast corner
of said southwest quarter;
THENCE along the north line of said
southwest quarter north 89°37'38"
west, 310.00 feet;
THENCE leaving said north line
south 00°22'22" west, 45.00 feet to
the True Point of Beginning;
THENCE continuing south 00°22'22"
west, 320.00 feet;
T~ENCE north 89°37'38" west, 680.00
feet;
THENCE north 00°22'22" east, 320.00
feet;
THENCE south 89°37'38" east,
feet to the True Point of
Beginning.
680.00
CONTAINING 5.00 acres (more or
less).
5. Approval of the above zone change is made subject
to City Council approval of Segment I of Land Use Element 3-90.
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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 HERRBY 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 ~990 , by the
following vote:
AYES; COUNCILMEMBERS: EDWARDS, DeMOND, SMITH, BRUNNI, PETEASON,"M~. SALYAGGIO
f~OES; COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
ABSTAIN: (;OUN(~ILMEMSER$'
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED NOV 2 8 1990
CLARENCE E. ~.DDERS
MAYOR of the City of Bakersfield
APPROVED as to form:
ROBERT M. SHERFY
ACTING CITY ATTORNEY of the City of Bakersfield
RMS/LCM/meg
Attachment - Exhibit "A"
ZC-ORD\GPA
C1-TO-R1
10/31/90
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M-2
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M-2
ZONE CHANGE
5063
I I I I I I I I I I I I I I
M-2
I I I I I I I
M-1
o 800
T30S, R27E21
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PF_A/D/NGI
7'0I
C-I ~
R-1
1
R--1
R-1
R-3
22
CITY OF BAKERSFIELD
FROM C-1 TO R-1
5 ACRES
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
County of Kern)
CAROL WILLIAMS, Being duly sworn, deposes and
That she is the duly appointed, acting and
of Bakersfield; and that on the 30th day
posted on the Bulletin Board at City Hall,
says:
qualified City Clerk of the ,City
of November 1990 she
a full, true and correct copy of
, passed by the Bakersfield
day of November , 1990 ,
Ordinance 3329
the following: No.
City Council at a meeting held on the 28th
and entitled:
/s/ CAROL WILLIAMS
CITY CLERK of the City of Bakersfield
DEPUTY City Clerk
NSAOPD