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HomeMy WebLinkAboutORD NO 3893ORDINANCE NO. 8 8 9 8 AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 103-34 BY CHANGING THE ZONING OF 0.68 ACRES GENERALLY LOCATED ON 200 BLOCK ON THE EAST SIDE OF QUANTICO AVENUE FROM AN M-1 (LIGHT MANUFACTURE) ZONE TO AN R-2 (LIMITED MULTIPLE FAMILY DWELLING) ZONE. WHEREAS, in accordance with the procedure set forth in the provisions of 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 those certain properties in the City of Bakersfield generally located in the 200 block on the east side of Quartrico Avenue; and WHEREAS, by Resolution No. 40-99 on March 4, 1999 the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change P98-0940 as delineated on attached Zoning Map No. 103-34 marked Exhibit "A", by this Council and this Council has fully considered the recommendations made by the Planning Commission as set forth in that Resolution; and WHEREAS, the subject property is a portion of approved Vesting Tentative Parcel Map 10559, approved on November 5, 1998 by the Planning Commission; and WHEREAS, the subject property consists of 2 lots containing 2.24 acres and 2.6 acres each; and WHEREAS, the law and regulations relating to the preparation and adoption of Negative Declarations, as set forth in CEQA and City of Bakersfield's CEQA Implementation Procedures, have been duly followed by city staff, Planning Commission and this Council; and WHEREAS, for the above-described project, staff determined that pursuant to the California Environmental Quality Act (CEQA) an initial study was prepared for the original General Plan Amendment (GPA2-90, Segment II) on the subject property and a negative declaration was adopted on August 8, 1990 and in accordance with CEQA Guidelines Section 15162, no further environmental documentation is necessary because no changes to the original General Plan designation are proposed, there are no substantial changes in circumstances under which the project will be undertaken and no new environmental impacts have been identified; and WHEREAS, said previously adopted Negative Declaration is adequate for this project; and WHEREAS, the Light Industrial land use designation of which the subject property is a part of was not adopted by a legally defined boundary but by map in the Metropolitan Bakersfield 2010 General Plan; and WHEREAS, a portion of the subject site has been developed as a common access drive and landscaping for the initial development and are intended to be extended to the east for future development of an apartment complex; and WHEREAS, the Planning Commission determined that the proposed zone change is in substantial conformance with the Metropolitan Bakersfield 2010 General Plan; and findings: WHEREAS, the City Council has considered and hereby makes the following ~.. OR~t~AL 1. All required public notices have been given. 2. The provisions of CEQA have been followed. 3. Pursuant to the California Environmental Quality Act (CEQA) an initial study was prepared for the original General Plan Amendment (GPA2-90, Segment II) on the subject property and a negative declaration was adopted on August 8, 1990 and in accordance with CEQA section 15162, no further environmental documentation is necessary General Plan. The zone change is consistent with the Metropolitan Bakersfield 2010 SECTION 1. 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 previously adopted Negative Declaration prepared for GPPPA 2-90, Segment II is adequate and is incorporated herein by this reference. 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 Zoning Map. No.103-34 marked Exhibit "A" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "B" SECTION 2. This ordinance shall be posted in accordance with the Bakersfield Municipal Code and shall become effective not less than 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 APR g 8 1999 , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO COUNCILMEMBER None COUNCILMEMBER CITY CLERK and Ex ~the Council of the City of Bakersfield 2 APPROVED APR g:8 1999 !~1~ t''?~/'' BOB RICE~ MAYOR of the City of Bakersfield APPROVED as to form: OFFICE OF THE CITY ATTORNEY CARL HERNANDEZ Assistant City Attorney S:~ZoneChange~Z940\ord-cc.wpd JE\pjt March 18, 1999 R*Sla I I BRUNOAGE A ~ELUE LANE M~2 CITY OF BAKERSFIELD ZONING MAP SEC. 34 T LEGEND ........ ZONE OISTRICT ~ sc.ooc$ 103-34 R. ASE EXHIBIT "B" ZONE CHANGE # P98-0940 LEGAL DESCRIPTION FROM AN M-1 (LIGHT MANUFACTURING) ZONE TO AN R-2 (LIMITED MULTIPLE FAMILY DWELLING) ZONE: The northerly 37 feet of the southerly 300 feet of the 10 acres of the west 25 acres of the northwest quarter of the southeast quarter of Section 34, Township 29 South, Range 28 East, M.D.B.&M., County of Kern, State of California, according to the official plat thereof. Excepting therefrom, the west 30 feet reserved for road purposes. Containing 0.68 +/- net acres. S:~oneChange~g40V_EGAL DES.wpcl March 5, 1999 AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) SS. County of Kern ) PAMELA A. MCCARTHY, 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 29th day of April , 1999 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3893 Bakersfield City Council at a meeting held on the 28th day of entitled: , passed by the April 1999 , and AN ORDINANCE AMENDING TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 103-34 BY CHANGING THE ZONING ON 0.68 ACRES, LOCATED ON 200 BLOCK ON THE EAST SIDE OF QUANTICO AVENUE FROM A LIGHT MANUFACTURING ZONE TO A LIMITED MULTIPLE FAMILY DWELLING ZONE (P98-0940). /s/PAMELA A. MCCARTHY City Clerk of the City of Bakersfield By: ~Z.(~/?.Lz2j DEPUTY City Clerk~~ S:\DOCUMENT%AOPOSTING April 29, 1999