HomeMy WebLinkAboutORD NO 3345ORDINANCE NO. 3345
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND ZONING
MAP NO. 102-18 BY CHANGING THE LAND USE
ZONING OF PROPERTY LOCATED AT THE SOUTH-
EAST CORNER OF JEWETTA AVENUE AND REINA
ROAD FROM C-1 (LIMITED COMMERCIAL) TO
R-1 (ONE FAMILY DWELLING) ON 8 +/- ACRES;
AND FROM R-1 (ONE FAMILY DWELLING) TO C-1
(LIMITED COMMERCIAL) ON 3 +/ACRES LOCATED
SOUTH OF OLIVE DRIVE AND WEST OF CALLOWAY
DRIVE.
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 at the southeast corner of Jewetta
Avenue and Reina Road and that area south of Olive Drive and west
of Calloway Drive; and
WHEREAS, by Resolution No. 58-90 on December 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 6,000 Square Feet per
Dwelling Unit) Zone on 8 +/- acres and a C-1 (Limited Commercial)
Zone on 3.73 acres, as delineated on attached map, 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 properties from C-1 to R-1
from R-1 to C-1 and from an R-1 to an R-2, but did not warrant a
change of zoning from R-1 to R-2, and Council has considered said
findings and all appear to be true and correct; and
WHEREAS, a Negative Declaration was advertised and
posted on October 25, 1990 in accordance with CEQA (Zone Change
5063 file); 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 change in zoning of said property,
that zone change should be authorized; and
WHEREAS, after a preliminary environmental assessment, it
was determined the project would not have a significant adverse
effect on the environment. A Negative Declaration was posted on
October 25, 1990 and advertised in the Bakersfield Californian on
November 29, 1990, in accordance with CEQA (ZC #5063); and
WHEREAS, the required public notices have been given; and
WHEREAS, 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
and good zoning practice
tioned in Exhibit "A".
necessity, convenience, general welfare
justify the change in zone, as condi-
4. That the proposed rezoning from C-1 to R-1 and from
an R-1 to a C-1 is consistent with the Bakersfield Metropolitan
2010 General Plan, subject to prior approval of GPA 2-90 Segment
III and conditions of approval listed in the attached Exhibit
"A", attached hereto and incorporated as though fully set forth
herein.
5. The project would not have a significant adverse
effect on the environment.
6. The public necessity, convenience, general welfare,
and good zoning practice justify the change of zone.
7. The proposed R-2 amendment would generate relatively
large volumes of vehicular traffic which would utilize local
streets traversing single family residential neighborhoods.
8. The proposed R-2 site would not have direct access
to arterials or collectors.
9. The proposed R-2 site is located within an area
designated almost exclusively to single-family development and is
inconsistent with the large lot residential concept of the "Polo
Grounds" GPA.
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 -
2. This Council hereby approves and adopts the Negative
Declaration.
3. Title Seventeen of the Municipal Code of the City of
Bakersfield and Zoning Map No. 102-18, be and the same is hereby
amended by changing the land use zoning of those certain proper-
ties, the boundaries of which are shown on the map marked Exhibit
"B" attached hereto and made a part hereof, as follows:
FROM A C-1 (LIMITED COMMERCIAL) TO R-1
(ONE FAMILY DWELLING, MINIMUM LOT AREA
6,000 SQUARE FEET PER DWELLING UNIT) ZONE:
A portion of Parcel 1 of certificate of
compliance recorded in Book 6428, Page
0742, Official Records, County of Kern,
State of California, described as
follows:
Commencing at the northwest corner of
Section 18, T29S, R27E, M.D.B.&M.;
Thence south 00°50'24" west along the
west section line of said Section 18 also
being the centerline of Jewetta Avenue,
54.27 feet;
Thence south 89009'36" east, 55.00 feet
to the True Point of Beginning;
Thence (1) south 89°55'28" east, 590.39
feet;
Thence (2) south 00050'24" west, 590.39
feet;
Thence (3) north 89055'28" west, 590.39
feet;
Thence (4) north 00050'24" east, 590.39
feet to the True Point of Beginning.
Containing 8 acres more or less.
- 3 -
FROM A R-1 (ONE FAMILY DWELLING) TO C-1
(LIMITED COMMERCIAL) ZONE:
A portion of the northeast quarter of
Section 18, T29S, R27E, M.D.B.&M., in the
City of Bakersfield area of the County of
Kern, State of California, according to
the official plat thereof, described as
follows:
Commencing at the northeast corner of
Section 18, T29S, R27E, M.D.B.&M.;
THENCE south 00034'49" ~est along the
east section line of said section 55.49
feet;
THENCE north 89°25'11" west, 55.00 feet
to a point on the south line of the north
55.00 feet of said section;
THENCE north 89055'28" west, 699.00 feet
to the True Point of Beginning;
THENCE (1) south 00o34'49" west, 935.07
feet;
THENCE (2) north 89054'57" west, 170.03
feet;
THENCE (3) north 00005'03" east, 935.01
feet to a point on the south line of the
north 55.00 feet of said section;
THENCE (4) south
said south line,
of beginning.
89o55'28" east, along
178.13 feet to the point
Containing 3.73 acres more or less.
4. Such zone change is hereby made subject to the condi-
tions of approval listed in Exhibit "A".
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.
.......... 000 ..........
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 MAR 1 ~ 1991 __, by the
following vote:
AYES, COUNCILMEMBERS: EDWARDS, D.e~IOND, SMITH, BRUNNI, PETERSON, McOERMOTT, SALVAGGIO
NOE S; COUNCILMEMBERS
ABSENT COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS'
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED MAR 1 3 1991
~LARENCE E. MEDDERS
MAYOR of the City of Bakersfield
APPROVED as to form:
LAWRENCE M. LUNARDINI
CITY ATTORNEY of the City of Bakersfield
LCM/meg
Attachments
Exhibit "A"
Exhibit "B"
O ORD 4
ZC.C-i.1
2/25/91
EXHIBIT
Conditions of Approval
Zone Change 5092
Planning Department
Conditions of approval and mitigation measures adopted by
City Council Resolution 23-90 and Ordinance 3284 are applica-
ble to GPA 4-90, Segment III.
Density for the 8-acre General Commercial to Low Density
Residential site shall not exceed 3.28 units per gross acre.
p/srs3ea
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'fO /
R-1
IHS
R-2
R-1
ZONING MAP i02 i8
EXHIBIT B
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
County of Kern)
CAROL WILLIAMS,
That she is the
of Bakersfield;
Being duly sworn, deposes and says:
duly appointed, acting and qualified City Clerk
and that on the 18th day of March
posted on the Bulletin Board at City Hall, a full, true
No. 3345 passed
the 13th day of
the following: Ord±nance
City Council at a meeting held on
and entitled:
of the City
19 91 she
and correct copy of
by the Bakersfield
March 19 91,
NSAOPD
/s/ CAROL WILLIAMS
CITY CLERK of the City of Bakersfield
DEPUTY City Clerk