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Home My WebLink AboutORD NO 3486ORDINANCE NO. 3486 AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 104-14 BY CHANGING THE ZONING OF 6.45 __. ACRES GENERALLY LOCATED SOUTH OF CASA CLUB DRIVE (PRIVATE STREET) ADJACENT TO THE 18TH FAIRWAY AT RIO BRAVO GOLF COURSE FROM AN R-2 (LIMITED MULTIPLE FAMILY DWELLING) ZONE 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 south of Casa Club Drive (private street) adjacent to the 18th Fai~vay at Rio Bravo Golf Course; and WHEREAS, by Resolution No. 40-92 on July 2, 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-2 (Limited Multiple Family Dwelling) Zone to an R-1 (One Family Dwelling) Zone on 6.45 - acres as delineated on attached Zoning Map #104-14 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 change in zoning of the subject property from an R-2 (Limited Multiple Family Dwelling) Zone to an R-I (One Family Dwelling) Zone on 6.45 _+ 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 was advertised and posted on June 9, 1992, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows residential development; and ORI61NAL 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. 5351 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 property, that the zone change 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. 104-14) 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". 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- ORIGINAL 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 t~£~P ~0 ~$~2 , by the following vote: AYES; COUNCILMEMBERS EDWARDS, DeMONO. SMITH. BRUNNI. ~. McOERMOTT. SALVAGGIO NOES; COUNCILM~M,~EE$: ABSENT COUNCILMEMCER$ ABSTAIN: COUNCILMEMBERS CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED '$£P 3 01~1~2 CLARENCE E. MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: LAWRENCE M. LUNARDINI CITY ATI~ORNEY of the City of Bakersfield p jr Attachment - res\o5351.cc Exhibits "A" & "B" -3- ORIGINAL R 2 m CITY OF BAKERSFIELD ZONING MAP SEC 14 T 29S LEGEN{D 104-14 R 29E EXHIBIT "B Legal Description Zone Change #5351 Order No. Page 1 of 2 1087466/pmg DESCRIPTION: That portion of Parcel 2 of Parcel Map 6319 in the City of Bakersfield, County of Kern, State of California, as per Parcel Map filed September 28, 1981 in Book 27, Page 18 of Parcel Maps, in the Office of the County Recorder of said County, described as Parcel 2 of the Certificate of Compliance recorded July 6, 1984 in Book 5673, Page 1776 of Official Records, and more particularly described as follows: Beginning at the northeast corner of Parcel 1 of Parcel Map 6319, said corner being the intersection of the north line of said Parcel 1 and the westerly right of way of Casa Club Drive and said corner being a point on a 916.00 foot radius curve, concave easterly, from which the radius point bears South 88 Degrees 27'30" East, thence southerly along said curve and westerly right of way through a central angle of 29 Degrees 13'30", an arc distance of 467.23 feet; thence South 27 Degrees 41'00" East, 107.84 feet to the beginning of a 416.00 foot radius tangent curve, concave northeasterly; thence along said curve through a central angle of 10 Degrees 34'00", an arc distance of 76.72 feet to the true point of beginning for this description; thence South 51 Degrees 45'00" West, 217.49 feet to the beginning of a 300.00 foot radius tangent curve, concave southeasterly; thence southerly along said curve through a central angle of 31 Degrees 45'00" an arc distance of 166.24 feet; thence South 20 Degrees 00'00" West, 589.91 feet to the beginning of a 300.00 foot radius tangent curve, concave easterly; thence southerly along said curve through a central angle of 40 Degrees 00'00", an arc distance of 209.45 feet; thence South 20 Degrees 00'00" East, 20.00 feet; thence North 70 Degrees 00'00" East, 36.00 feet; thence North 20 Degrees 00'00" West, 20.00 feet to the beginning of a 264.00 foot radius tangent curve, concave easterly; thence northerly along said curve through a central angle of 25 Degrees 05'44", an arc distance of 115.63 feet; thence North 42 Degrees 57'30" East, 520.07 feet; thence North 60 Degrees 20'45" East, 177.79 feet; thence North 73 Degrees 33'00" East, 382.37 feet; thence North 16 Degrees 27'00" West, 110.00 feet; thence North 07 Degrees 52'25" East, 46.51 feet to a point on the westerly right of way of Casa Club Drive; thence North 82 Degrees 07'35" West along said right of way 132.62 feet to the beginning of a 416.60 foot radius tangent curve, concave northerly; thence northwesterly along said curve through a central of 43 Degrees 52'35", an arc distance of 318.57 feet to the point of beginning. (Continued next page) Exhibit "B" Page 2 of 2 ZC #5351 Order N~. 1087466/pmg EXCEPTING AND RESERVING to the United States all oil and gas deposits in the lands so selected, and to it or persons authorized by it, the right to prospect for, mine and remove the oil and gas deposits from the same, upon compliance with the conditions, and subject to the provisions and limitations of the Act of July 17, 1914 (38 Stat. 509), as excepted and reserved in the patent to H. A. Mayhew, recorded October 11, 1918 in Book 17, Page 175 of Patents. AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) County of Keen) CAROL WILLIAMS, Being duty sworn, That she is the duty appointed, of Bakersfield; and that on the posted on the Bulletin Board at the following: City Council at and entitled: Ordinance a meeting held on deposes and says: acting and qualified City Clerk 2nd day of October City Hall, a full, true No. 34g6 , passed the 30th day of of the City , 19 92 she and correct copy of by the Bakersfield SeDtember , 19 92 , NSAOPD /s/ CAROL WILLIAMS CITY CLERK of the City of Bakersfield DEP 1