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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". -2- 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 -3- 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