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HomeMy WebLinkAboutORD NO 3399ORDINANCE NO. ~ 3 9 9 AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND CITY ZONING MAP NO. 123-06 BY CHANGING THE LAND USE ZONING OF THOSE CERTAIN PROPERTIES IN THE CITY OF BAKERSFIELD CONSISTING OF 10.7 +/- ACRES GENERALLY LOCATED ALONG THE NORTHWEST CORNER OF BUENA VISTA CANAL AND PASEO VISTA BOULEVARD FROM A R-2 (LIMITED MULTIPLE FAMILY DWELLING) ZONE TO A R-1 (ONE 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 along the northwest corner of Buena Vista Canal and Paseo Vista Boulevard; and WHEREAS, by Resolution No. 52-91 on June 20, 1991, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 5166 from R-2 (Limited Multiple Family Dwelling) to R-1 (One Family Dwelling), as delineated on attached map marked Exhibit "D", 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 changes in zoning of the subject property from R-2 (Limited Multiple Family Dwelling) to R-1 (One Family Dwelling) 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, a Negative Declaration with mitigation was advertised and posted on May 30, 1991, in accordance with CEQA; and WHEREAS, the City Council has determined after due consideration 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 changes should be authorized; and WHEREAS, the general plan designation for this area allows residential development; and WHEREAS, the required public notices have been given; 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 change in zone, as conditioned in Exhibit "B", attached hereto and incorporated as though fully set forth herein. 2. That the proposed rezoning is consistent with the Metropolitan Bakersfield 2010 General Plan, subject to prior approval of GPA 2-91, Segment VII and conditions of approval listed in the attached Exhibit "B". 3. The project would not have a significant adverse effect on the environment. 4. Conditions of approval attached to the project as Exhibit "B" are included in the project to minimize and/or mitigate impacts, and to ensure that the density allowed by the general plan is not exceeded. 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 17.06.020 (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 the map marked Exhibit "D" attached hereto and made a part hereof, as follows: 2 FROM A R-2 (Limited MultiDle Family Dwelling) TO A R-1 (One Family Dwelling): Containing 10.7 acres, more or less (Exhibit "A" Legal Description attached) 4. Such zone change is hereby made subject to the conditions of approval listed in Exhibit "B". SECTION 2. This ordinance shall be posted in accordance with the Bakersfield Municipal Code provisions and shall become effective not less than thirty (30) days from and after the date of its passage. .......... o0o .......... 3 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 AU8 2 8 1991 , by the following vote: ,~"~. S: COUNCILMEMBERS: EDWA~IpS, OeMOND, SMITH, BRUNNI, PETERSON, McDEBMO~F, I~ALVAG810 N~JES; COUNCILMEMBERS: ABSENT COUNCILMEMBERS: /~'~/E AI~TAIN: COUNCILMEMBERS* NO~I~ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED AU6 2 8 199! CLARENCE E. MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: '<~LAWRENCE M. LUNARDINI CITY ATTORNEY of the City of Bakersfield pjt a:CCO.S7 EXHIBIT "A" Zone Change 5166 Legal Description ALL THAT PORTION OF SECTION 6, T. 30S., R. 2?E., M.D.S., CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INT£RSECTION OF CAMINO MEDIA AND OLD RIVER ROAD, TN£NCE N.?4036'3?"W., 201.90 FEET TO THE WEST LINE OF THE BUENA VISTA CANAL AND TRUE POINT OF BEGINNING; TNENCE S.00~21'49"W., ALONG SAID WEST LINE A DISTANCE OF 90.?9 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE NOR~T~EAST, HAVING A RADIUS OF 845.00 FEET AND TO WNICH BEGINNING A RADIAL LINE BEARS S. 07°31'20'W.; THENCE NORTNWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 50°54'36" AN ARC DISTANCE OF 750.82 FEET; THENCE N.31°34'O4"W., 215.70 FEET TO THE BEGINNING OF A CURVE CONCAVE TO TNE SOUTHWEST, HAVING A RADIUS OF 955.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04°13'51" AN ARC DISTANCE OF 70.52 FEET; THENCE N.54°12'OS"E., 403.04 F£ET; THENCE S.89°3~'11"E., 440.00 FEET TO SAID WEST LINE OF TNE BUENA VISTA CANAL; TNENCE S.00°21'49'W., ALONG SAID WEST LINE A DISTANCE OF 780.00 FEET TO THE POINT OF BEGINNING. CONTAINING 10.7 ACRES, MORE OR LESS. CI[Y OF RAKERSFIELD ZONING MAP 123-06 SEC 06 T505 R27E I EG£ND EXHIBIT "B" Conditions of Approval Zone Change 5166 Conditions of approval of General Plan Amendment 4-90, Segment IV and Zone Change 5028 are applicable to subject site either whole or in part. p/srs7ea AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) County of Kern) CAROL WILLIAMS, 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 30th day of August , 19 91 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3399 , passed by the Bakersfield City Council at a meeting held on the 28th day of August 19_91 and entitled: /s/ CAROL WILLIAMS CITY CLERK of the City of Bakersfield DEPUTY City Clerk NSAOPD