HomeMy WebLinkAboutORD NO 3481ORDINANCE NO. 3481
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND ZONING
MAP NO. 103-24 BY CHANGING THE ZONING OF 27.38
__. ACRES GENERALLY LOCATED SOUTH OF HIGHWAY
178, WEST OF MORNING DRIVE FROM AN R-2
(LIMITED MULTIPLE FAMILY DWELLING) TO A 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 south of Highway 178, west of Morning
Drive; and
WHEREAS, by Resolution No. 29-92 on June 18, 1992, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of
the Municipal Code to approve change of zone from R-2 (Limited Multiple Family
Dwelling) to R-1 (One Family Dwelling) zone on 27.38 acres as delineated on attached
Zoning Map #103-24 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 R-2
(Limited Multiple Family Dwelling) to R-1 (One Family Dwelling) zone on 27.38 acres
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 April 21, 1992, in accordance with CEQA; and
WHEREAS, the existing general plan designation for this area allows
multiple-family development; and
WHEREAS, the proposed general plan designation for this area, through
GPA 2-92, Segment IV, will allow only single family development; and
ORIGINAL
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. 5325 is consistent with the
Metropolitan Bakersfield 2010 General Plan, subject to prior approval of related
GPA 2-92, Segment IV.
4. The proposed zoning as mitigated will not have a significant adverse
effect on the environment.
5. Mitigation measures attached to the project as Exhibit "A" are included
in the project to minimize and/or mitigate impacts, and to ensure that the density
allowed by the general plan is not exceeded.
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 is shown on the map
marked Exhibit "B" attached hereto and made a part hereof, and are more specifically
described in attached Exhibit "C".
4. Such zone change is hereby made subject to mitigation measures listed
in Exhibit "A".
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ORIGINAL
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.
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
$EP 1 6 1992 , by the following vote:
AYES; COUNCILf~EMBERS: EDWARDS, DeMONO, SMITH, ~:J;~;;;, PETERSON. UcDERMOT[ $ALVAGGIO
NOES; COONCILMEMBERS ~Cv
AgSENT COONCILMEMB~RS: ~ ~
~STAIN: COUNCIL~MBERS ~
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED s~P ~ 6 1992
CLARENCE E. MEDDERS
MAYOR of the City of Bakersfield
APPROVED as to form:
NCE M.~L NARDINI
CITY ATFORNEY of the City of Bakersfield
pit
Attachment -
Exhibit "A" - "C"
res\o292s4.cc
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O~IGINAL
EXHIBIT "A"
Recommended Mitigation Measures
General Plan Amendment 2-92, Segment IV
Zone Change No. 5325
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. (Mitigation)
In order that urban development on the site will not result individually or
cumulatively in the destruction or adverse modification of habitat and the
continued existence of the Bakersfield Cactus (a State-designated Endangered
Species), the property owner must follow the July 1991 Mitigation Agreement
between Centennial Estates, Inc., the City of Bakersfield and the California
Department of Fish and Game. (Mitigation)
ORIGINAL
ITl
CITY OF BAKERSFIELD
ZONING MAP
SIC 24 I
LEGEND
103-24
EXHIBIT "C"
Legal Description
Zone Change 5325
FROM CITY R-2 (LIMITED MULTIPLE FAMILY DWELLING) ZONE TO R-1
(ONE FAMILY DWELLING) ZONE:
A parcel of land being a portion of Section 24, Township 29 south, Range 28 east,
M.D.B.&M., City of Bakersfield, County of Kern, State of California, being more
particularly described as follows:
The south 840 feet of the east 930 feet of the northeast 1/4 and north 500 feet of the
east 930 feet of the southeast 1/4 of said Section 24.
EXCEPTING THEREFROM the road right-of-way for Morning Drive.
Containing 27.38 acres (more or less).
ORIGINAL
AFFIDAVIT OF POSTING DOCUMENT~
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 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. 3481
City Council at a meeting held on the 16th
and entitled:
, passed by the Bakersfield
day of September , 19_~,
NSAOPD
/s/ CAROL WILLIAMS
CITY CLERK of the City of Bakersfield
DEPUTY City Clerk
ORIGINAL