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