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HomeMy WebLinkAboutORD NO 3347ORDINANCE NO. 3347 AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 103-22 BY CHANGING THE LAND USE ZONING OF PROPERTY LOCATED AT THE NORTHERLY END OF CORRIENTES STREET FROM AN R-1 (ONE FAMILY DWELLING) ZONE TO AN R-3 (LIMITED MULTIPLE FAMILY RESIDENTIAL) 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 petitioa to change the land use zoning of that certain property in the City of Bakersfield located at the northerly end of Corrientes Street; and WHEREAS, by Resolution No. 10-91 on February 7, 1991, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve an R-3 (Limited Multiple Family Residential) Zone, as delineated on attached map marked Exhibit "B," 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-1 (One Family Dwelling) Zone to an R-3 (Limited Multiple Family Residential) Zone, and the Couacil 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 con- sideration 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 the zone change should be authorized; and WHEREAS, the law and regulations relating to the prepa- ration and adoption of Negative Declarations as set forth in CEQA and City of Bakersfield Resolution 107-86 have been duly followed by the City staff and the Planning Commission; and WHEREAS, the site consisting of 1.5 acres of vacant property is designated as High Density Residential on the Metropolitan Bakersfield 2010 General Plan; and WHEREAS, there is Multiple Family Dwelling zoned property adjacent to the north and east of the site; and WHEREAS, the applicant, BRUCE KEITH, intends to develop the property as a phase in conjunction with the existing housing for seniors to the north; and 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 zone changes. 2. That the proposed zone change will not have a sig- nificant adverse effect on the environment. 3. That the proposed rezoning is consistent with the Metropolitan Bakersfield 2010 General Plan of the City of Bakersfield. 4. The proposed R-3 (Limited Multiple Family Residential) Zone is compatible with the existing lot size in the residential development adjacent to the site. 5. The proposed zone change will allow orderly growth in the area. 6. A Negative Declaration was duly filed, posted and advertised in accordance with CEQA. 7. The project must adhere to the provisions of the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) interim mitigation program and associated advisory notice as agreed by the City of Bakersfield and trustee agencies including the Department of Fish and Game. The ~inding is based on the following facts: After a preliminary environmental assessment, it was determined that the project would not have a signif- icant adverse effect on the environment. A Negative Declaration was posted and advertised January 4, 1992L. 2. The applicant is proposing to build the final phase of a housing complex for seniors. 3. The general plan designates this site for high den- sity residential development. 4. Conditions of approval will reduce traffic impacts on adjacent single family residences. 5. The project is surrounded on all sides with urban development. The site is currently vacant land which has been graded in association with a previously approved project. 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 Negative Declaration is hereby approved and adopted. 3. Section 17.060.020 (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. 103-22 attached hereto as Exhibit "B" and made a part hereof, of that certain property in said City of Bakersfield, the boundaries of which properties are shown on the map as follows: FROM AN R-1 (ONE FAMILY DWELLING) ZONE TO AN R-3 (LIMITED MULTIPLE FAMILY RESIDENTIAL) ZONE: A parcel of land situated in the City of Bakersfield, County of Kern, State of California, being a portion of Section 22, Township 29 South, Range 28 East, M.D.B. & M., more particularly described as follows: The east 185 feet of the south half of the northeast quarter of the northwest quarter of the southwest quarter of said Section 22. 4. That the Zone Change, as outlined above, is hereby approved subject to conditions of approval shown on Exhibit "A," attached hereto and incorporated as though fully set forth. - 3 - SECTION 2. This ordinance City Charter provisions days from and after the shall be posted in accordance with the and shall become effective thirty (30) 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 MAR 2 ? 19§1 , by the following vote: AYES, COUNCILMEMBERS: EDWARDS. DeMOND, SMITH, BRUNNI, P~TERSON, McDERMOTr, SALVAGGIO NOES; COUNCILMEMBERS: ABSENT COUNCILM~MBERS: ABSTAIN: COUNCIl. MEMBERS' Council of the City of Bakersfield APPROVED MAR 2 ? 1991 CLARENCE E. MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: LAWRENCE M. EUNARD~ CITY ATTORNEY of the City of Bakersfield LML/meg Attachments Exhibit "A" Exhibit "B" O ORD 4 ZC.R-i.1 3/7/91 EXHIBIT A CONDITIONS OF APPROVAL Vehicular access for the proposed development shall not be allowed from Corrientes Street, other than for emergency purposes. A permit from Kern County Public Works shall be obtained for a cul-de-sac at the end of Corrientes Street prior to obtaining a building permit. Cul-de-sac design and emergency service access shall be designed to the satisfaction of the City traffic engineer and Fire Department. m R-~_ T~ R3 , PCD C-Z CiTY OF BAKERSFIELD ZONING MAP 105-22 SEC 22 T 295 R 28E LEGEND 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 4th day of April posted on the Bulletin Board at City Hall, a full, true the following: Ordinance No. 3347 passed City Council at a meeting held on the 27th day of and entitled: of the City 1991 she and correct copy of by the Bakersfield March , 1991 NSAOPD /s/ CAROL WILLIAMS CITY CLERK of the City of Bakersfield BY:D pUriTy City~