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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. -2- 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 -3- 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