HomeMy WebLinkAboutORD NO 3470ORDINANCE NO. 3 4 ? 0
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND ZONING
MAP NO. 101-13 BY CHANGING THE ZONING OF $.60
ACRES GENERALLY LOCATED AT THE NORTHWEST
CORNER OF JEWETTA AVENUE AND HAGEMAN ROAD
FROM AN R-1 ZONE TO AN R-2 ZON~ON 2.14 ACRES
AND FROM AN R-2 ZONE TO AN R-1 ZONE ON 3.46
ACRES.
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 northwest corner of Jewetta Avenue
and Hageman Road; and
WHEREAS, by Resolution No. 22-92 on May 21, 1992, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of
the Municipal Code to approve a change of the subject property from an R-1 (One
Family Dwelling) zone to an R-2 (Limited Multiple Family Dwelling) zone and 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-1
(One Family Dwelling) zone to an R-2 (Limited Multiple Family Dwelling) zone and
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 April 28,
1992, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows 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 and incorporated as though fully set forth herein.
4. That the proposed Zone Change No. 5334 is consistent with the
Metropolitan Bakersfield 2010 General Plan.
5. The proposed zoning will not have a significant adverse effect on the
environment.
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 are 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.
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OR;G:t~AL
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 U L 0 1 1992 , by the following vote:
AYES, COUNCILM~MBERS EDWARBS, DeMONO, SMITH, 8RUNNL PETERSON. McOERMOT~ SALVAGGIO
NOES. COUNCILMEMB[RS ~o~'~/
ABSENT COUNCILME MBERS
A/~STAIN CObNCILMEMBERS [
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED.JUL 0 ! 1992
CLARENCE E. MEDDERS '
MAYOR of the City o{ Bakersfield
APPROVED as to form:
CITY ATTORNEY of the City of Bakersfield
DR/pjt
Attachments
Exhibits "A" & "B"
p:o5334.cc
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CITY OF BAKERSFIELD
ZONING MAP
SEC. 13 T 29 ~
LEGEND
R 26[
1 of 2
LEGAL DESCRIPTION
EXHIBIT "B"
FROM R-1 SINGLE'FAMILY DWELLING ZONE
TO R-2 LIMITED MULTIPLE-FAMILY DWELLING ZONE
A PORTION OF LOTS 31 AND 32 OF SALES MAP OF LANDS OF KERN COUNTY
LAND COMPANY FILED NOVEMBER 24, 1891 IN THE OFFICE OF THE KE:RN
COUNTY RECORDER. A PORTION OF THE SOUTH HALF OF SECTION 13,
T. 29 S., R. 26 E., M.D.B. & M, CITY OF BA~fERSFIELD, COUNTY OF
KERN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 13, T. 29 S., R. 26
E., M.D.B. & M., ALSO BEING THE CENTERLINE INTERSECTION OF HAGEMk~N
ROAD AND JEWETTA AVENUE;
THENCE N 89°08'10" W ALONG THE SOUTH SECTION LINE OF SAID SECTION,
A DISTANCE OF 1056.03 FEET; THENCE N 00"51'50" E, 55.00 FEET TO THE
TRUE POINT OF BEGINNING:
THENCE 1) N 89°08'10" W, 109.47 FEET;
THENCE 2) N 00°52'02" E, 850.32 FEET;
THENCE 3) S 89°08'10" E, 109.47 FEET;
THENCE 4) S 00°52'02" W', 850.32 FEET TO THE TRUE POINT
OF BEGINNING.
CONTAINING 2.14 ACRES.
OR;G:NAL
2 of 2
LEGAL DESCRIPTION
EXHIBIT "B"
FROM R-2 LIMITED MULTIPLE-FAMILY DWELLING
TO R-1 SINGLE FAMILY DWELLING ZONE
ZONE
A PORTION OF LOTS 31 AND 32 OF SALES MAP OF LANDS OF KERN COUNTY
LAND COMPANY FILED NOVEMBER 24, 1891 IN THE OFFICE OF THE KE}~
COUNTY RECORDER. A PORTION OF THE SOUTH HALF OF SECTION 13,
T. 29 S., R. 26 E., M.D.B. & M, CITY OF BAKERSFIELD, COUNTY OF
KERN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
COMI~ENCING AT THE SOUTHEAST CORNER OF SECTION 13, T. 29 S., R. 26
E., M.D.B. & M., ALSO BEING THE CENTERLINE INTERSECTION OF HAGEMO%N
ROAD AND JEWETTA AVENUE;
THENCE N 00"52'02" E ALONG THE EXISTING SECTION LINE OF SA][D
SECTION, A DISTANCE OF 905.32 FEET; THENCE N 89°07'58" W, 55.00
FEET TO THE TRUE POINT OF BEGINNING:
THENCE 1) N 89°08'10" W,
THENCE 2) N 00°52'02" E,
THENCE 3) S 89°08'10" E,
THENCE 4) S 00°52'02" W,
OF BEGINNING.
1000.94 FEET;
150.62 FEET;
1000.94 FEET;
150.62 FEET TO THE TRUE POINT
CONTAINING 3.46 ACRES.
OR;GI,qAL
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
)
County of Kern)
SS.
C~ROL WILLIAMS, Being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified
City Clerk of the City
of Bakersfield; and that on the 7th day of ~,]y , 19 92 she
posted on the Bulletin Board at City Hall, a full, true and correct copy of
the following: 0rdiDmn~e NO.
City Council at a meeting held on the
and entitled:
3470 , passed by the Bakersfield
1st day of July , 19 92,
/s/ CAROL WILLI~4$
CITY CLERK of the City of Bakersfield
NSAOPD
DEPUTY City Clerk
OR;G:t.~AL