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HomeMy WebLinkAboutORD NO 3480ORDINANCE NO. 3480 AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 102-32 BY CHANGING THE ZONING OF 10.4 ACRES GENERALLY LOCATED NORTH OF THE CROSS VALLEY CANAL, WEST OF RIVER RANCH DRIVE, EAST OF HARVEST CREEK ROAD AND SOUTH OF SAND FOX COURT FROM AN M-2 (GENERAL MANUFACTURING) 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 north of the Cross Valley Canal, west of River Ranch Drive, east of Harvest Creek Road and south of Sand Fox Court; and WHEREAS, by Resolution No. 39-92 on July 16, 1992, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve a change of zone from an M-2 (General Manufacturing) to an R-I (One Family Dwelling) as delineated on attached Zoning Map #102-32 marked Exhibit "B", 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 M-2 (General Manufacturing) to an R-1 (One Family Dwelling) 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 with mitigation was advertised and posted on May 14, 1992, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows low density 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. 5326 is consistent with the Metropolitan Bakersfield 2010 General Plan. 4. The proposed zoning, as mitigated, 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 with mitigation listed in Exhibit "A" 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 "B" attached hereto and made a part hereof, and are more specifically described in attached 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. -2- ORIG{~IAL 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 SEP 1 6 lgg2 , by the following vote: AYES; COUNCILMEMBERS: EO, WARDS, DeMOND, SMITN.~Rt~, PETERSON, McDERMOTT. $ALVAGGIO NOES: COUNCILMEMGERS ASSENT COUNCILMEMBERS: NBSTAIN COUNCILMEMBERS' CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED SEP ] 6 1992 CLARENCE E. MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: LAWRENCE M. LUNARDINI CITY ATFORNEY of the City of Bakersfield pit -3- ORIGINAL EXHIBIT "A" Recommended MitigationMeasure Zone Change #5326 In order to mitigate the impacts of any natural to urban land conversion on the San Joaquin kit fox (a State and Federally-listed Endangered Species), the property owner must, prior to ground disturbance, follow the Advisory Notice, detailing the Interim Mitigation Measures established for the Metropolitan Bakersfield Habitat Conservation Plan. ORIGINAL R-$ FP-S C-O FP'S FP'P N Ill -r Z Ill CITY OF BAKERSFIELD ZONING MAP 102-32 SEC 32 T 29S R 27£ LEGEND EXHIBIT "C" ZONE CHANGE NO. 5326 M-2 (GENERAL MANUFACTURING) ZONE TO R-1 (ONE FAMILY DWELLING) ZONE A Parcel of land being a portion of Section 32, T. 29 S., R. 27 E.., M.D.M., City of Bakersfield, County of Kern, State of California, more particularly described as follows: Commencing at the north 1/4 corner of said Section 32; THENCE South 00'41'00" West along the mid-section line of said Section 32 a distance of 2198.97 feet to the southwest corner of Tract No. 5035 - Unit 1 per map filed in Book 37 of Maps, Page 58 in the office of the Kern County Recorder, also being the TRUE POINT OF BEGINNING; THENCE South 89'07'49" East, along the south line of said tract, 990.313 feet to the southeast corner thereof; THENCE South 00'41'00" West, 445 feet (more or less) to a point on the north line of the right of way for the Cross-Valley Canal; THENCE Westerly along way line, to a point section 32; the various courses of said north right of on the north/south mid-section line of said THENCE North 00'41'00" West along said mid-section line, 450 feet (more or less) to the point of beginning; Containing 10.14 acres (more or less) a:zc5326 RTY:wrn ORIGINAL AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) ss. County of Kern) 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 18th day of September , 19 92 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. City Council at a meeting held on the and entitled: , passed by the Bakersfield 16th day of September , 19 92 , NSAOPD /s/ CAROL WILLIamS CITY CLERK of the City of Bakersfield DEPUTY City Clerk OR/(3)NAL