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