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