HomeMy WebLinkAboutORD NO 3446ORDINANCE NO. $~ 4 6
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND ZONING
MAP NO. 102-20 BY CHANGING THE ZONING OF 24.23
ACRES LOCATED SOUTH OF MEACHAM ROAD, 800
FEET EAST OF CALLOWAY DRIVE FROM AN R-2
(LIMITED MULTIPLE-FAMILY DWELLING) ZONE TO
AN 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 south of Meacham Road, 800 feet east of
Calloway Drive; and
WHEREAS, by Resolution No. 85-91 on December 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) to an R-1 (One Family Dwelling) zone, as
delineated on attached map marked Exhibit "B", 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) 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
November 26, 1991, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows single family
residential development; and
ORIGINAL
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 "A", attached hereto and
incorporated as though fully set forth herein.
4. That the proposed Zone Change No. 5265 is consistent with the
Metropolitan Bakersfield 2010 General Plan and the Riverlakes Ranch/Unibell Specific
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 "A" 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.
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 "B" attached hereto and made a part hereof, and are more specifically
described in attached Exhibit "C".
4. Such zone change is hereby made subject to the conditions of approval
listed in Exhibit "A".
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ORIG~JAL
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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ORIGSNAL
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 __
J ^ N 2 9 1992 , by the following vote:
AYES; COUNCILMEMBERS: EDWARO~. O~MQND. SMfTH, BRUNN[ I~q~TER$ON, McOERMO"rT, ~LVAGGIO
NOES; COUNCILMEMBERS: ,A~/~/~
/~9ENT COUNC4LMEMBER$:
~6TAIN: CO~I~EMBE~'
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED JAN 2 9 1992
CLARENCE E. MEDDERS
MAYOR of the City of Bakersfield
APPROVED as to form:
LAWRENCE M. LUNARDINI
CITY ATTORNEY of the City of Bakersfield
pit
Attachment -
Exhibit "A"
Exhibit "B"
Exhibit "C"
1:5265.cco
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ORI('qNAL
EXHIBIT "A"
Conditions of Approval
Zone Change #5265
Prior to recordation of any subdivision on the project area, the developer shall
provide the City of Bakersfield Planning Department with 50 copies of an up-to-
day version of the Riverlakes Ranch/Unibell Specific Plan document. Prior to
reproduction of said 50 copies, a draft specific plan document shall be provided to
the Planning Director for review.
4
Future subdivision of the property for single family residential uses shall include a
wall along the eastern and western boundaries of the project area to separate R-1
from R-2 uses.
ORIGINAL
t
CITY OF BAKERSFIELD
ZONING MAP 102-20
/ SEC. ;'0 T 29. R.
"'~ ~ LEGEND
EXHIBIT "C"
Legal Description
Zone Change #5265
Being Parcel 5 of Parcel Map No. 6521 in the City of Bakersfield, County of Kern, State
of California, per the plat thereof recorded September 15, 1983 in Book 30 of Parcel
Maps at Page 6 in the Office of the Kern County Recorder, also being a portion of the
west half of Section 20, T.29S., R.27E., M.D.B.&M., more particularly described as
follows:
Beginning at the northwest corner of said Parcel 5;
THENCE (1) S.88°54'11" E., 66.16 feet to the beginning of a 1000.00 foot radius tangent
curve concave to the northwest;
THENCE (2) northeasterly, 518.56 feet along last said curve through a central angle of
29°42'40";
THENCE (3) departing from last said curve S.28°36'51" E., 430.44 feet;
THENCE (4) S.00°27'02" W., 1135.22 feet;
THENCE (5) N.84°56'52" W., 564.02 feet;
THENCE (6) N.89°31'49" W., 210.94 feet;
THENCE (7) N.00°29'05" E., 1341.02 feet to the point of beginning.
Containing 24.23 +/- acres.
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SSo
County of Kern)
CAROL WILLIAMS,
That she is the
of Bakersfield;
Being duly sworn, deposes and says:
duly appointed, acting and qualified City Clerk of the City
and that on the 5Hh day of February , 19 92 she
posted on the Bulletin Board at City Hall, a full, true and correct copy of
, passed by the Bakersfield
day of January 19 92,
the following: Ordinance No. 3446
City Council at a meeting held on the 29th
and entitled:
NSAOPD
/s/ CAROL WILLIAMS
CITY CLERK of the City of Bakersfield
DEPUTY City Clerk