HomeMy WebLinkAboutORD NO 3411ORDINANCE NO, ~
AN ORDINANCY] AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND ZONING
MAP NO. 102-19 BY CHANGING THE LAND USE
ZONING OF TI~iOSE CERTAIN PROPERTIES IN THE
CITY OF BAKERSFIELD CONSISTING OF 7.39 +/-
ACRES GENERALLY LOCATED WEST OF CALLOWAY
DRIVE AND 385.84 FEET SOUTH OF HAGEMAN ROAD
FROM AN R-2 (LIMITED MULTIPLE FAMILY
DWELLING) ZONE TO AN R-1 (ONE FAMILY
DWELLING), Ol 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 west of Calloway Drive and 385.84 feet south
of Hageman Road; and
WHEREAS, by Resolution No. 66-91 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 R-2
(Limited Multiple Family Dwelling) 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 R-2
(Limited Multiple Family Dwelling) 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
~qtEREAS, 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 for Tract 5068 (Revised), which
considered full buildout of the project, was previously approved and adopted by the
Planning Commission on July 5, 1990, 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 the California Environmental Quality Act (CEQA)
have been met through the use of a previously adopted Negative Declaration (for
approved Tentative Tract 5068 Revised, approved and adopted by Planning Commission,
July 5, 1990) as the environmental document for the subject zone change.
3. That public necessity, convenience, general welfare and good zoning
practice justify the change in zone.
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; 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. 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 R-2 (LIMITED MULTIPLE FAMILY
DWELLING) ZONE TO AN R-1 (ONE FAMILY
DWELLING), OR MORE RESTRICTIVE ZONE:
The south 214.16 feet of the north 600 feet of Lots 1 and 2
in Section 19, T.29S., R.27E., M.D.B.&M., Kern County,
California, according to the "Sales Map of Lands of J.B.
Haggin" filed August 20, 1890, in the Office of the Kern
County Recorder, containing 7.39 acres, more or less.
SECTION
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.
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
I~0¥ - 6 1991 by the following
vote:
AYES; COUNCILMEMBERS: EDWAI~Dfi, DeMOND, SMITH, BRUNNI, PETERSON, McDERMOTr, SALVAGGIO
NOES; COUNCILMEMBERS:
~SENT COUNCILMEMBERS
ABSTAIN: COUHCILMEMBERS
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED NOV - 6 1991
1 ,
MAYOR of the Cit~ of Bakersfield
APPROVED as to form:
LAWRENCE M. LUNARDINI
CITY ATTORNEY of the City of Bakersfield
pit
Attachment - Exhibit "A"
a:CCO.ZC5219
4
CITy OF BAKERSFIELD
ZONING MAP 102- 19
SEC 49 T 29s R 27E
LEGEND
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA
SS.
County of Kern)
CAROL WILLIAMS, Being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk
of Bakersfield; and that on the 12th day of November
posted on the Bulletin Board at City Hall, a full, true
the following: Ordinance No. 3411
City Council at a meeting held on the 6th
and entitled:
, passed
day of
of the City
, 1991 she
and correct copy of
by the Bakersfield
November , 19 91,
NSAOPD
/s/ CAROL WILLIAMS
CITY CLERK of the City of Bakersfield
DEPUTY City Clerk