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HomeMy WebLinkAboutORD NO 3449ORDINANCE NO. 8 ~, 4 9 AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 103-13 BY CHANGING THE ZONING OF 0.35 ACRES GENERALLY LOCATED SOUTH OF PANORAMA DRIVE AND WEST OF MORNING DRIVE FROM AN R-3 (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 Panorama Drive and west of Morning Drive; and WHEREAS, by Resolution No. 1-92 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-3 (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-3 (Limited Multiple Family Dwelling) zone to an Rol (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. 5272 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 "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. -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 EOWARD~,OIM~k~, SMITH, SRUNNL'~P~-T, rA,R~N, McDERMOTT, ~ALVAGG40 NOES; COUNCILMEMBERS: ~/O,~N/~ -- ~SENT COU~LMEM~RS: ~-~A~/ ~ ABSTAIN: CO~C~ME~ERS' ~ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED__MAR ~ 1 1992 CLARENCE E. MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: LAWRENCE M. LUNARDI4~ CITY ATTORNEY of the City of Bakersfield DR:pit Attachment - Exhibit "A" Exhibit l:o5272.cc -3- ORIGINAL CiTY O~ BAKERSFIELD ZONING MAP 103-13 SEC. 13 T. 295 R28~[ LEG£NO EXHIBIT "B" Legal Description Zone Change #5272 FROM R-3 (LIMITED MULTIPLE-FAMILY DWELLING) TO AN R-1 (ONE FAMILY DWELLING) COMMENCING AT THE EAST QUARTER CORNER OF SECTION 13, THENCE SOUTH 00" 10' 05" WEST ALONG THE EAST LINE OF SAID SECTION 13, 1329.47 FEET TO THE SOUTHEAST QUARTER CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 13, TOWNSHIP 29 SOUTH, RANGE 28 EAST, MOUNT DIABLO BASE & MERIDIAN; THENCE SOUTH 89° 37' 07" WEST ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER, 480.66 FEET TO THE TRUE POINT OF BEGINNING; THENCE (1) CONTINUING SOUTH 89" 37' 07" WEST, 119.34 FEET; THENCE (2) NORTH 24" 50' 25" EAST, 282.77 FEET; THENCE (3) SOUTH 00° 07' 23" EAST, 255.81 FEET TO THE TRUE POINT OF BEGINNING. OFIIGINAL AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) SS. County of Kern) CAROL WILLIAMS, Being duly sworn, 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: deposes and says: acting and 16th day City Hall, No. 3449 11th day qualified City Clerk of the City of March , 19 92 she a full, true and correct copy of passed by the Bakersfield of March , 1992 /s/ CAROL WILLIAMS CITY CLERK of the City of Bakersfield DEPUTY City Clerk NSAOPD