HomeMy WebLinkAboutORD NO 3365ORDINANCE NO. 8 8 6 5
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP
NO. 123-18 BY C~ANGING THE LAND USE ZONING
FROM AN R-2 (LIMITED MULTIPLE FAMILY DWELLING)
ZONE TO AN R-1 (ONE FAMILY DWELLING) ZONE ON
PROPERTY LOCATED ON THE EAST SIDE OF BUENA
VISTA ROAD APPROXIMATELY 1/2 MILE SOUTH OF
WHITE LANE.
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 that certain property in the City
of Bakersfield located on the east side of Buena Vista Road
approximately 1/2 mile south of White Lane; and
WHEREAS, by Resolution No. 12-91 on January 24, 1991,
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) 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-2
(Limited Multiple Family Dwelling) Zone to an R-1 (One Family
Dwellking) 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~l
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 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, tentative tracts have been approved for the
subdivision of property that includes the site of the proposed
zone change; and
WHEREAS, a condition of approval of one map was to
rezone the ~roposed single family lots from R-2 to R-l; 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.
4. The City has conducted an initial study in accordance
with the California Environmental Quality Act (CEQA) which indica-
tes no significant impacts on wildlife resources could occur as a
result of the project.
5. The property is currently vacant, graded and dis-
turbed in association with development of previously approved
Tentative Tract 5135.
6. The proposed R-2 to R-1 zoning is a condition of
approval for Tentative Tract 5135.
7. A Negative Declaration was duly filed, posted and
advertised on January 4, 1991 in accordance with CEQA.
8. 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.
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. 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. 123-18 attached hereto
as Exhibit "A" 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-2 (LIMITED MULTIPLE FAMILY
DWELLING) ZONE TO AN R-1 (ONE FAMILY
DWELLING) ZONE:
That portion of the west half of Section 18,
Township 30 South, Range 27 East, M.D.B.&M.,
in the City of Bakersfield, County of Kern,
State of California, described as follows:
The west 228.00 feet of the south 583.86 feet
of the north 2742.35 feet of the west half of
said Section 18.
Excepting therefrom any portion within the
west 30.00 feet of the west half of said
Section 18.
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 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 MAY Q 2 ~991 __, by the
following vote:
A~'~S; COUNCILMEMBERS: EDWARDS. DffMOND. SMITH, BRUNNI, PETERSON, McDERMOTt. SALVAGGIO
NOES, COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS' A('~9,~.; ~
Council of the City of Bakersfield
APPROVED
NAY 2 2 1991
CLARENCE E. MEDDERS
MAYOR of the City of Bakersfield
APPROVED as to form:
.... LAWRENCE M. LUNARDINI
CITY ATTORNEY of the City of Bakersfield
LML/meg
Attachment
Exhibit "A"
O ORD 4
ZC-R-1.1
4/29/91
A
I'll
R-2
R-1 '~%_ I'll
CITY OF BAKERSFIEI-D
ZONING MAP 12~-18
SEC 18 T~05 R 27E
L EGEN~3
STATE OF CALIFORNIA)
) S$.
County of Kern)
CAROL WILLIAMS, Being duly sworn,
That she is the duly appointed,
of Bakersfield; and that on the
posted on the Bulletin Board at
the following:
City Council at
and entitled:
Ordinance
a meeting held
deposes and says:
acting and qualified City Clerk of the City
30th day of May , 1991 she
City Hall, a full, true and correct copy of
No. 3365 passed by the Bakersfield
on the 22nd day of May , 1991 ,
NSAOPD
/s/ CAROL WILLIAMS
CITY CLERK of~ the City of Bakersfield
DEPUTY City Clerk