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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 ......... -2- 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 -3- 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