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HomeMy WebLinkAboutORD NO 3448ORDINANCE NO. 8 ~ 4 8 AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 102-20 BY CHANGING THE ZONING OF 2,4.$5 ACRES GENERALLY LOCATED AT THE SOUTHEAST CORNER OF CALLOWAY DRIVE AND MEACHAM ROAD 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 at the southeast corner of Calloway Drive and Meacham Road; and WHEREAS, by Resolution No. 2-92 on January 9, 1992, 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) 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) 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 December 13, 1991, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows 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. 4. That the proposed Zone Change No. 5274 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. 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 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. -2- ORIGINAL 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 __ MAR 1 1 1992 , by the following vote: AYES: COUNCILMEMBERS: EDWARD~,~eAH~, SMITH, SRUNNI, ~'~TZ~,:,~,;;, McDERMOTT, SALVAGGIO NOES; COUNCILMEMBERS g/'~4/~ .. ABSTAIN: COUNC~MBE~' ~ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED ,MAR 1 1 ~992 CLARENCE E. MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: LAWRENCE M. LUNARDI~fl CITY ATTORNEY of the City of Bakersfield DR:pit Attachment Exhibit "A" Exhibit "B" 1:o5274.cc -3- ORIGINAL C-2 CITY OF BAKERSFIELD ZONING MAP SEC. 20 T, 29s LEGENO 102 -20 R. 27~ EXHIBIT "B" Legal Description Zone Change #5274 BEING PARCEL 6 OF PARCEL MAP N. 6521 IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, AS PER MAP FILED SEPTEMBER 15, 1983 IN BOOK 30 OF PARCEL MAPS, AT PAGE 6, AND AS DESCRIBED BY A CERTIFICATE OF CORRECTION RECORDED FEBRUARY 13, 1990 IN BOOK 6346, PAGE 791 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER, ALSO BEING A PORTION OF THE WEST HALF OF SECTION 20, T. 29 S., R. 27 E., M.D.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 6, ALSO KNOWN AS THE WEST QUARTER CORNER OF SAID SECTION 20; THENCE (1) S 88'54'11" E, 825.00 FEET; THENCE (2) S 00'29m05'm W, 1341.02 FEET; THENCE (3) N 89'31~49" W, 134~20 FEET; THENCE (4) N 00°29m05" E, 37.80 FEET; THENCE (5) N 89'08~13" W, 690.77 FEET; THENCE (6) N 00'29m05" E, 1307.51 FEET BEGINNING. CONTAINING 24.85 ACHES, MORE OR LESS. TO THE POINT OF OFUGINAL AFFIDAVIT OF POSTING DOCUMENTS STATE.OF CALIFORNIA) ) ss. County of Kern) CAROL WILLIAMS, Being duly That she is the duly appointed, of Bakersfield; and that on the posted on the Bulletin Board at the following: Ordinance City Council at a meeting held on the and entitled: sworn, deposes and says: acting and qualified City Clerk of the City 16th day of March , 19 92 she City Hall, a full, true and correct copy of No. 3448 , passed by the Bakersfield 11th day of March , 19 92, NSAOPD /s/ CAROL WILLIAMS CITY CLERK of the City of Bakersfield D~PUTY City Clerk