HomeMy WebLinkAboutORD NO 3410ORDINANCE NO. 8 ~ 1 0
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE ON ZONING
MAP NO. 123-26 BY CHANGING THE LAND USE
ZONING OF THOSE CERTAIN PROPERTIES IN THE
CITY OF BAKERSFIELD CONSISTING OF 36.2 ACRES
GENERALLY LOCATED AT THE SOUTHEAST CORNER
OF PANAMA LANE AND AKERS ROAD INTERSECTION
FROM AN A-20A (AGRICULTURAL TWENTY-ACRE
MINIMUM LOT SIZE) ZONE TO AN R-1 (ONE FAMILY
DWELLING), OR MORE RESTRICTIVE 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 at the southeast corner of Panama Lane and
Akers Road; and
WHEREAS, by Resolution No. 67-91 on September 19, 1991, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of
the Municipal Code to approve a zone change of the subject property from an A-20A
(Agriculture-20 acre minimum lot size) zone to an R-1 (One Family Dwelling), or more
restrictive 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 changes in zoning of the subject property from an A-20A
(Agriculture~20 acre minimum lot size) zone to an R-1 (One Family Dwelling), or more
restrictive zone and the Council has considered said findings and all appear to be true
and correct; and
WHEREAS, the law and regulations relating to the preparation and
adoption of Negative Declarations as set forth in CEQA and City of Bakersfield
Resolution No. 107-86 have been duly followed by city staff, the Planning Commission
and this Council; and
WHEREAS, a Negative Declaration was advertised and posted on August
23, 1991, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows residential
development; and
WHEREAS, the City Council has considered and hereby makes the
following findings:
1. All required public notices have been given.
2. The provisions of CEQA have been followed.
3. 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.
4. That the proposed zone change is consistent with the Metropolitan
Bakersfield 2010 General Plan.
5. The proposed zoning will not have a significant adverse effect on the
environment.
6. 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; 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.
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.
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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 "A" attached hereto and made a part hereof, as follows:
FROM AN A-20A (AGRICULTURAL TWENTY-ACRE
MINIMUM LOT SIZE) ZONE TO AN R-1 (ONE
FAMILY DWELLING), OR MORE RESTRICTIVE
ZONE:
That portion of the northwest 1/4 of the northeast 1/4 of
Section 26, T.30S., R.27E., M.D.B.&M., which lies northerly
of the Arvin-Edison Canal, containing 36.2 acres, more or
less.
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 and shall become effective not less than thirty (30) days from and after
the date of its passage.
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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
~OV ~ 6 1995 , by the following vote:
AYES: COUNCILMEMBERS EDWARDS, DeMONO, SMITH, RRUNNI, PETERSON, McDERMOTr, SALVAGGIO
NOES; COUNCILMEMBERS: N~,'J E
.~'E NT COUNCILMEMBERS: /~/) ME
ABSTAIN: COUNCILMEMBERS ,.VO M~
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED NOV - 6 1991
MAYOR of the City of Bakersfield
APPROVED as to form:
LAWRENCE M. LUNARDINI
CITY ATTORNEY of the City of Bakersfield
pit
Attachment -
a:cco.5222
Exhibit "A"
Exhibit "B"
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CITY OF BAKERSFIELD
ZONING MAP IP3-26
SEC 26 T 30s R 27£
LEGEND
...... ZDN£ [NST~)*CT 80~JNOA~¥
EXHIBIT "B"
Zone Change #5222
Condition of Approval
Prior to further subdivision or development, the applicant shall either pay his
proportionate share or enter into an agreement with the city and post approved security
to guarantee his proportionate share of a future traffic signal at the intersection of
Panama Lane and Akers Road. The proportionate share shall be based on the impact
from the potential increase in trip generation between the proposed zoning and the
existing zoning. The applicant's proportionate share is as follows:
Panama Lane at Akers Road
$ 12,000.00
(10% of 120,000.00)
Alternatively, the applicant may submit a traffic study to the City Engineer for approval
establishing traffic impacts resulting from the zone change and recommending
appropriate mitigation measures. The cost of the mitigation measures shall be borne by
the applicant.
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
)
County of Kern)
SS.
CAROL WILLIAMS, Being duly sworn,
deposes and says:
That she is the duly appointed, acting and qualified City
of Bakersfield; and that on the 12th day of
posted on the Bulletin Board at City Hall, a full,
the following: Ordir~nce No. 3410
City Council at a meeting held on the 6th
and entitled:
Clerk of the City
November , 1991 she
true and correct copy' of
, passed by the Bakersfield
day of November , 19~1~,
NSAOPD
/s/ CAROL WILLIAMS
CITY CLERK of the City of Bakersfield
DEPUTY City Clerk