HomeMy WebLinkAboutORD NO 3491ORDINANCE NO. ~ 4 9 ]._,
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND ZONING
MAP NO. 102-31 BY CHANGING THE ZONING OF 49.53
__. ACRES GENERALLY LOCATED SOUTH OF
BRIMHALL ROAD, EAST OF JEWETTA AVENUE, WEST
OF CALLOWAY DRIVE AND NORTH OF THE CROSS
VALLEY CANAL FROM AN A-20A (AGRICULTURE-20
ACRE MINIMUM LOT SIZE) ZONE TO AN R-1 (ONE
FAMILY DWELLING) ZONE (WARD 4).
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 Brimhall Road, east of Jewetta
Avenue, west of Calloway Drive and north of the Cross Valley Canal; and
WHEREAS, by Resolution No. 45-92 on August 6, 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 A-20A
(Agriculture-20 acre minimum lot size) zone to an R-1 (One Family Dwelling) zone as
delineated on attached Zoning Map No. 102-31 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 changes in zoning of the subject property from an A-20A
(Agriculture-20 acre minimum lot size) zone to an R-1 (One Family Dwelling) zone 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 February
14, 1992, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows 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. 5259 is consistent with the
Metropolitan Bakersfield 2010 General Plan.
4. The project applicant and school districts have agreed to measures
which reduce or eliminate potential project impacts on school districts which serve the
project area.
5. Condition of approval attached to the project as Exhibit "C" is included
in the project to minimize and/or mitigate impacts.
WHEREAS, the City Council has determined after due consideration of
said application and the recommendations of the Planning Commission herein on file,
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. 102-31) 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".
4. Such zone change is hereby made subject to the condition of approval
listed in 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.
.......... o0o .........
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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
NO¥ zl lq9~ , by the following vote:
AYES; COUNCILMEMBERS: EDWARDS~,OeMOND, SMITH. B~. PETERSON, McDERMOTT, ~ALYASBIO
NOES; COUNCILMEMBEr{S: ~ ~
~SENT C~NCILMEMBERS: No~c~
~STAIN: COUNCILMEMBERS' ~ o ~ ~
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED _NOV 4 lgq~
CLARENCE E. MEDDERS
MAYOR of the City of Bakersfield
APPROVED as to form:
~ LAWRENCE M. LUNg~RDINI
CITY ATTORNEY of the City of Bakersfield
pit
Attachment -
Exhibits "A" - "C"
res\o5259.cc
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OR]GtNAL
CiTY OF BAKERSFIELD
ZONING MAP 102-31
SEC 31 T 29s R 276
LEGEND
EXHIBIT "B"
Legal Description
Zone Change #5259
ALL THAT PORTION OF SECTION 31, TOWNSHIP 29 SOUTH,
EAST, M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN,
CALIFORNIA, BEING DESCRIBED AS FOLLOWS:
RANGE 27
STATE OF
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 31;
THENCE SOUTH 89°06'55" EAST ALONG THE NORTH LINE OF SAID
SECTION 31 A DISTANCE OF 1215.21 FEET TO THE TRUE POINT OF
BEGINNING; THENCE CONTINUING ALONG SAID NORTH LINE SOUTH
89°06'55" EAST, 1444.61 FEET TO THE NORTH QUA~RTER CORNER OF
SAID SECTION 31; THENCE SOUTH 00°09'27" WEST ALONG THE EAST
LINE OF THE NORTHWEST QUARTER OF SAID SECTION 31 A DISTANCE
OF 1574.58 FEET; THENCE DEPARTING FROM SAID EAST LINE NORTH
89°17'43" WEST, 193.92 FEET; THENCE SOUTH 00°53'05" WEST,
39.31 FEET; THENCE NORTH 89~06'55" WEST, 1094.38 FEET;
THENCE NORTH 00o53'05" EAST, 125.00 FEET; THENCE t:ORTH
89°06'55" WEST, 30.00 FEET; THENCE NORTH 00~53'05" EAST,
930.00 FEET; THENCE NORTH 89~06'55" WEST, 33.12 FEET; THENCE
NORTH 00"53'05" EAST, 185.00 FEET; THENCE NORTH 89°06'55"
WEST, 79.50 FEET; THENCE NORTH 00"53'05" EAST, 125.00 FEET;
THENCE NORTH 89'~06'55" WEST, 33.67 FEET; THENCE NORTH
00°53'05" EAST, 249.37 FEET TO THE POINT OF BEGINNING.
CONTAINING 49.53 ACRES.
EXHIBIT "C"
Condition of Approval
Zone Change No. 5259
This approval and issuance of each building permit for the project are expressly
conditioned on full compliance with the terms and conditions of the
memorandum of understanding entered into between the applicant and Rosedale
Union School District dated August 6, 1992, and a memorandum of
understanding between the applicant and the Kern High School District dated
August 6, 1992.
p:5259.ec
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
)
County of Kern)
$S.
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 9th day of _ November , 199~ she
posted on the Bulletin Board at City Hall, a full, true and correct copy of
the following: Ord±nmnce No. 3491 , passed by the Bakersfield
City Council at a meeting held on the __4th day of November , 19 92 ,
and entitled:
NSAOPD
/s/ CAROL WILLIAMS
CITY CLERK of the City of Bakersfield
D'~POT~ C~t y