HomeMy WebLinkAboutORD NO 3474ORDINANCE NO. 3474
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND ZONING
MAP NO. 123-35 BY CHANGING THE ZONING OF 4.96 _+
ACRES GENERALLY LOCATED SOUTH OF HOSKING
AVENUE BETWEEN WIBLE ROAD AND AKERS ROAD
FROM AN R-S (RESIDENTIAL SUBURBAN) ZONE TO AN
R-l-10,000 (ONE FAMILY DWELLING, 10,000 SQ.IrF. MIN.
LOT SIZE) 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 Hosking Avenue between Wible
Road and Akers Road; and
WHEREAS, by Resolution No. 23-92 on June 4, 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-S
(Residential Suburban) zone to an R-1-10,000 (One Family Dwelling, 10,000 sq.ft. min.
lot size) 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 R-S
(Residential Suburban) zone to an R-1-10,000 (One Family Dwelling, 10,000 sq.ft. min.
lot size) 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 10,
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 the proposed Zone Change No. 5307 is consistent with the
Metropolitan Bakersfield 2010 General Plan.
4. 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 No. 123-35) 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".
4. Such zone change is hereby made subject to the conditions of approval
listed in Exhibit "C".
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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O~I~NAL
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
August 5, 1992 , by the following vote:
AYES: COUNCILMEMBERS: EO~VARD$.
ABSENT COUNCILMEMBERS: y~ ~ ·
ABSTAIN: COUNCILMEMBEr' MO~ ..........
CITY CLERK and Ex Officio Olerk of the
Council of the City of Bakersfield
APPROVED August 5, 1992
CLARENCE E. MEDDERS
MAYOR of the City of Bakersfield
APPROVED as to form:
LAWRENCE M. LUNARDINI
CITY ATTORNEY of the City of Bakersfield
pjt
Attachment -
Exhibit "A"
Exhibit "B"
Exhibit "C"
p:o5307.cc
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CITY OF BAKERSFIE{-D
ZONING MAP 123-35
SEC. $$ T 30s R. 2TI.
lEGEND
EXHIBIT "B"
Zone Change #5307
AN RS (RESIDENTIAL SUBURBAN) ZONE TO AN R-l-10,000 (ONE FAMILY
DWELLING, 10,000 SQ.FF. MIN. LOT SIZE) ZONE.
All that portion of Parcels 1-4 of Parcel Map No. 6608 recorded in Parcel Map Book 28
at Page 175, being more particularly described as follows:
Beginning at the southeast corner of said Parcel 4;
THENCE north 89°06'04" west along the south lines of said parcels, 660.82 feet to the
southwest corner of said Parcel 1;
THENCE north 0°34'47" east along the west line of last said parcel, 326.93 feet;
THENCE south 89°04'51" east, 660.83 feet to a point on the east line of said Parcel 4;
THENCE south 0°34'56" west along said east line, 326.70 feet to the Point of Beginning.
Containing 4.96 acres, more or less.
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EXHIBIT "C"
Conditions of Approval
Zone Change 5307
Access to homes developed in the project area shall only be allowed from single
family residential zoning to the west of the project area. No access through
agricultural zoning will be permitted to serve homes in the project area.
p:5307.ec
ORIGinAL
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
SS.
County of Kern)
CAROL 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 Au~u~ , 19 92 she
posted on the Bulletin Board at City Hall, a full, true and correct copy of
the following: Ordin~u/ce No.
City Council at a meeting held on the
and entitled:
3474 , passed by the Bakersfield
5th day of August , 1992 ,
NSAOPD
/s/ CAROL WILLIAMS
CITY CLERK of the City of Bakersfield
City Clerk