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.
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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
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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
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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
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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