HomeMy WebLinkAboutORD NO 3366ORDINANCE NO. 8 3 6 ~
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP
NO. 102-310 BY CHANGING THE LAND USE ZONING
FROM AN RS (RESIDENTIAL SUBURBAN) ZONE TO AN
R-1 (ONE FAMILY DWELLING) ZONE ON PROPERTY
LOCATED O~ THE NORTH SIDE OF BRIMHALL ROAD
APPROXIMATELY 1/4 MILE EAST OF JEWETTA
AVENUE.
WHEREAS, in accordance with the procedure set forth in
Title 17 of the Munic. ipal 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 north side of Brimhall Road
approximately 1/4 mile east of Jewetta Avenue; and
WHEREAS, by Resolution No. 11-91 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 RS
(Residential Suburban) Zone to an R-1 (One Family Dwelling) 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 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
W~EREAS, the site consisting of 7.7 acres is designated
as Suburban Residential on the Metropolitan Bakersfield 2010
General Plan; and
WHEREAS, there is RS zoned property adjacent to the
site; and
Wq{EREAS, 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 zone change subject to a minimum
lot size of 10,000 square feet is consistent with the Metropolitan
Bakersfield 2010 General Plan of the City of Bakersfield.
4. The project area is currently occupied by a single
family residence, various out buildings, corrals and pasture area.
5. 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.
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.
8. Interim agreements with the Department of Fish and
Game developed prior to January 1, 1991, outline a comprehensive
mitigation program for mitigating impacts on protected plant and
animal species to the satisfaction of trustee agencies.
The finding 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, 1991.
2. The applicant intends to create lots no less than
10,000 square feet in size.
3. The City zoning does not have a zoning classification
with lot size minimum of 10,000 square feet.
4. The conditions of approval will require a lot size
minimum consistent with the general plan.
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. 102-30 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-S (RESIDENTIAL SUBURBAN) ZONE
TO AN R-1 (ONE FAMILY DWELLING) ZONE:
Lots "A" and "B" of Lot Line Adjustment
No. 305 in the City of Bakersfield,
County of Kern, State of California, as
per Certificate of Compliance recorded
in Book 6456, Page 1617, O.R. in the
Office of the Kern County Recorder.
4. That the Zone Change, as outlined above, is hereby
approved subject to the condition that the minimum lot size be no
less 10,000 square feet.
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 ..........
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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 2 2 19§l , by the
following vote:
AYESi COUNCILMEMBERS: EDWARDS, D~/~g?O/~SMITH, BRUNNI. PETERSON, McDERMOTT, SALVAGGIO
NOES; COUNCILMEMBERS:
ABSENT COUNCILMEMIiERS:
ABSTAIN: COUNCILMEMBERS' /~
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED MAY 2 2 199!
CLARENCE E. MEDDERS
MAYOR of the City of Bakersfield
APPROVED as to form:
CITY ATTORNEY of the City of Bakersfield
LML/meg
Attachment
Exhibit
00RD 4
ZC.Ri.1
4/29/91
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rrl
CITY OF BAKERSFIELD
ZONING MAP 102-30
SE~. 30 T 295 H 27E
LEGEND
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) S$o
County of Kern)
CAROL WILLIAMS, Being duly
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:
Ord±nance
a meeting held on the
sworn, deposes and says:
acting and qualified City Clerk of the City
30th day of May 19 91 she
City Hall, a full, true and correct copy of
No. 3366 passed by the Bakersfield
22nd day of May 1991 ,
NSAOPD
/s/ CAROL WILLIAMS
CITY CLERK of the City of Bakersfield
DEPUTY City Clerk