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Home My WebLink AboutORD NO 3414ORDINANCE NO. 3 4 ! 4 AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFELD MUNICIPAL CODE AND ZONING MAP NO. 102-13 BY CHANGING THE LAND USE ZONING OF THOSE CERTAIN PROPERTIES IN THE CITY OF BAKERSFIELD CONSISTING OF 58 +/- ACRES GENERALLY LOCATED ALONG THE NORTHWEST CORNER OF HAGEMAN ROAD AND VERDUGO LANE FROM A-20A (AGRICULTURE, 20-ACRE MINIMUM LOT SIZE) TO R-1 (ONE FAMILY DWELLING), FROM R-S (RESIDENTIAL SUBURBAN, MINIMUM LOT AREA NOT LESS THAN 24,000 SQUARE FEET) TO R-l, FROM R-S TO R-1 CH (CI- URCH OVERLAY) AND FROM A-20A TO R-1 CH. WHEREAS, in ~ Title 17 of the Municipal Cod a public hearing on a petition in the City of Bakersfield gen, and Verdugo Lane; and ecordance with the procedure set forth in the provisions of ~ of the City of Bakersfield, the Planning Commission held to change the land use zoning of those certain properties ~rally located along the northeast corner of Hageman Road WHEREAS, by Resolution No. 76-91 on May 16, 1991, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change 5127 as delineated on attached map marked Exhibit "A", by this C~uncil 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 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 b~en duly followed by city staff, the Planning Commission and this Council; and : WHEREAS, a N~gative Declaration with mitigation was advertised and posted on March 1, 1991, in a~cordance with CEQA; and WHEREAS, the igeneral plan designation for this area allows Low Density 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 No. 5127 is consistent with the Metropolitan Bakersfield 2010 General Plan. 5. The proposed zoning, as mitigated, 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. 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. 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, and are more specifically described in attached Exhibit "D". 4. Such zone change is hereby made subject to the conditions of approval listed in Exhibit "B". -2- 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. .......... 000 .......... -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 N0¥ 2 0 199! . by the following vote: AYER; COUNCILMEMBERS: EOWAROS, OeMOND, SMITH, BRUNNI, PETERSON, McDERMOTf, SALVAGGI0 NOTS: COUNCILMEMBERS A§SENT COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED NOV 2 0 1991 MAYOR of the City of Bakersfield APPROVED as to form: CITY ATTORNEY of the City of Bakersfield pit Attachment - Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" a:CCO.ZC5127 -4- CiTY OF BAKERSFIELD ZONING MAP 102-18 SEC 18 T 29s R LEGEND EXHIBIT "B" Conditions of Approval Zone Change 5127 Conditions of approval of General Plan Amendment 4-89, Segment V and Zoning Upon Annexation 4954 are incorporated into and become conditions of approval for General Plan Amendment 1-91, Segment III and Zone Change 4954. For the area recommended for the R-1 zoning district, the minimum lot size shall not be less than 3.28 DUs/gross acre. The requested zoning districts shall remain in suspense and shall not become effective until the Williamson Act Contract for the site receives final cancellation. Upon compliance with the Williamson Act Contract cancellation requirements, the property owners shall notify the city in writing of such compliance and request that the zoning maps be amended to reflect approved zoning districts. EXHIBIT "C" Mitigation Measures Zone Change 5127 Mitigation measures found in the Final Environmental Impact Report for General Plan Amendment 4-89, Segment V and Zoning Upon Annexation 4954 and certified by the City Council are incorporated into and become mitigation measures for General Plan Amendment 1-91, Segment III and Zone Change 5127. EXHIBIT "D" Legal Description Zone Change 5127 RS to R-1 Ch Commencing at the southwest corner of Section 18, T.29S., R.27E, M.D.B.&M.; THENCE south 89054'48" east along the south section line of said section, 1,710.60 feet; THENCE north 00°05'12" east, 55 feet to the True Point of Beginning. THENCE (1) north 00040'49" east, 307.03 feet; THENCE (2) north 89055'03" west, 240.01 feet; THENCE (3) south 00040'49" west, 307.01; THENCE (4) south 89054'48" east, 240.01 feet to the True Point of Beginning. Containing 1.7 +/- acres. A-20A to R-1 Ch Commencing at the southwest corner of Section 18, T.29S, R.27E, M.D.B.&M.; THENCE south 89054'48" east along the south section line of said Section, 1,710.60 feet; THENCE north 00°05'12" east, 55 feet to the True Point of Beginning. THENCE (1) north 00°40'49" east, 307.03 feet; THENCE (2) south 89055'03" east, 58.02 feet; THENCE (3) south 00040'49" west, 307.03 feet; THENCE (4) north 89054'48" west, 58.02 feet to the True Point of Beginning. Containing 4 +/- acres. R-S to R-1 Commencing at the southwest corner of Section 18, T.29S, R.27E., M.D.B.&M; THENCE THENCE THENCE THENCE THENCE THENCE THENCE south 89054'48" east along the south section line of said section, 1,710.60 feet; north 00°05'12" east, 55 feet; north 00040'49" east, 307.03 feet to the True Point of Beginning. (1) north 00040'49" east, 2,232.80 feet; (2) north 89055'03" west, 240.01 feet; (3) south 00040'49" west, 2,232.80 feet; (4) south 89055'03" east, 240.01 feet to the True Point of Beginning. Containing 12.3 +/- acres. Exhibit "D" Zone Change 5127 Page 2 A-20A to R-1 Commencing at the southwest corner of Section 18, T.29S., R.27E., M.D.B.&M.; THENCE south 89054'48" east along the south section line of said section, 1,710.60 feet; THENCE north 00°05'12" east, 55 feet; THENCE north 00040'49" east, 307.03 feet to the True Point of Beginning. THENCE (1) north 00040'49" east, 2,232.80 feet; THENCE (2) south 89055'03" east, 910.05 feet; THENCE (3) south 00°40'49" west, 1,900.18 feet; THENCE (4) north 89o55'03" west, 852.03 feet; THENCE (5) south 00040'49" west, 332.62 feet; THENCE (6) north 89°55'03" west, 58.02 feet to the True Point of Beginning. Containing 40.1 +/- acres. a:r5127 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 Clerk of Bakersfield; and that on the 25th day of November posted on the Bulletin Board at City Hall, a full, true the following: Ordinance City Council at a meeting held on and entitled: No. 3414 , passed the 20th day of of the City 19_9j~- she and correct copy' of by the Bakersfield November 19j~l , NSAOPD /s/ CAROL WILLIAMS CITY CLERK of the City of Bakersfield By: ~-~ ~ DEPUTY City Clerk