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HomeMy WebLinkAboutORD NO 3499ORDINANCE NO. J ~, 0 0 AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 12,4-30 BY CHANGING THE ZONING OF 9.6 __. ACRES GENERALLY LOCATED ON THE EAST SIDE OF SOUTH "H" STREET, APPROXIMATELY (d}0 FEET SOUTH OF PANAMA LANE FROM AN R-2 (LIMITED MULTIPLE FAMILY DWELLING) 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 on the east side of South "H" Street, approximately 600 feet south of Panama Lane; and WHEREAS, by Resolution No. 52-92 on THURSDAY, SEPTEMBER 17, 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 as delineated on attached Zoning Map No. 124-30 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 R-2 (Limited Multiple Family Dwelling) 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 August 27, 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 California Environmental Quality Act (CEQA) have been met through the preparation of an initial study and a negative declaration which indicate no significant environmental impact will occur as a result of the proposed zone change. 3. That the proposed Zone Change No. 5369 is consistent with the Metropolitan Bakersfield 2010 General Plan. 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 No. 124-30) 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- 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 ~£C ~ 19~ , by the following vote: AYES; COUNCILMEMBERS: EDWAROS, DoMONB, ~ BRUNNL PETERSON, McOFRMOTF. SALVAGGIO NOES; COUNCILMEMBERS: . ABSENT COUNCILMEMBERS ~SIAkN COUNCILMEMBERS' CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED_ CLARENCE E. MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: EAWRENCE M. LUNARDINI CITY ATFORNEY of the City of Bakersfield res\o5369.cc -3- L&N( CITY OF BAKERSFIELD ZONING MAP 124-30 SEC. 30 T 305 R 28~. LEGEND EXHIBIT "B" LegalDescription Zone Change No. 5369 FROM AN R-2 (LIMITED MULTIPLE FAMILY DWELLING) ZONE TO AN R-1 (ONE FAMILY DWELLING) ZONE: The west 905.00 fee of Lot 8 of the Berkshire Farm Tract recorded in Book 1 of Maps at Page 38 in the Kern County Recorder's Office; Excepting the north 35.00 feet and the south t65.00 fee therefrom. Containing 9.6 gross acres. p:5369.eb AFFIDAVIT OF POSTING DOCUMENTS 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 16th day of December , 19~92_ she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: O~din~nce No. City Council at a meeting held on the and entitled: 3499 , passed by the Bakersfield 9th day of DecembeT , 19_q2_, NSAOPD /s/ CAROL WILLIAMS CITY CLERK of the City of Bakersfield