HomeMy WebLinkAboutORD NO 3506 ORDINANCE NO. ~ ~, 0 6
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND ZONING
MAP NO. 123-09. BY CHANGING THE ZONING OF 4.58
ACRES GENERALLY LOCATED AT THE SOUTHWEST
CORNER OF STINE ROAD AND BELLE TERRACE FROM
A C-2 (REGIONAL COMMERCIAL) ZONE TO AN R-3
(LIMITED MULTIPLE 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 at the southwest corner of Stine Road and
Belle Terrace: and
WHEREAS, by Resolution No. 60-92 on October 15, 1992, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of
the Municipal Code to approve a change of zone from C-2 (Regional Commercial) to R-
3 (Limited Multiple Family Dwelling) on 4.58 acres as delineated on attached Zoning
Map No. 123-02 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 C-2
(Regional Commercial) to R-3 (Limited Multiple Family Dwelling) on 4.58 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's
CEQA Implementation Procedures have been duly followed by city staff, the Planning
Commission and this Council; and
WHEREAS, a Negative Declaration was advertised and posted on July 30,
1992. in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows multiple
family residential development; and
WHEREAS, the City Council has considered and hereby makes the
following findings: ~ ~4~
ORIG{NAL
l. All required public notices have been given.
2. The provisions of CEQA have been followed.
3. The proposed project reflects the existing use of the site (an existing
apartment complex) and as such will not have a significant effect on the environment.
4. The proposed Zone Change No. 5365 is consistent with the existing
Metrgpolitan Bakersfield 2010 General Plan land use designation of HR (High Density
Residential).
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) 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 bYd~Ne Council of the City of Bakersfield at a regular meeting thereof held on
~ 0 ~ , by the following vote:
E_~_.** __007~C.. ILMEMBERS EDWARDS, DeMOND SMITH
· ~OUNClLMEMBERS
B,~ENT COUNCILMEMBERS.
ABSTAIN COUNCILMEMBER~, __
C]~C~ER~I~ an~d ;x40~cio~le~rk of the
Council of the City of Bakersfield
APPROVED _.J/~N ~ 0 ~
BOB PRICE
MAYOR of the City of Bakersfield
APPROVED as to form:
LAWRENCE M. LUNARDINI
CITY ATTORNEY of the City of Bakersfield
~t
res\o5365.cc
-3-
ORIGINAL
CITY OF BAKFFI~F I£LD
ZONING MAP 125-02
EXHIBIT "B"
Legal Description
Zone Change No. 5365
FROM A C-2 (REGIONAL COMMERCIAL) ZONE TO AN R-3 (LIMITED
MULTIPLE FAMILY DWELLING) ZONE:
A parcel of land in the City of Bakersfield, County of Kern, State of California, being
"Parcel 1" as shown on Parcel Map No. 7489 filed for record in Book 32 of Parcel Maps,
Page 48 in the Office of the Kern County Recorder. Excepting the public road right-of-
way for Belle Terrace.
p:5365.1d
ORIGINAL
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
)
County of Kern)
CAROL WILLIAMS,
That she is the
of Bakersfield;
$S.
Being duly sworn, deposes and says:
duly appointed, acting and qualified City Clerk of the City
and that on the 26th day of January 1993 she
posted on the Bulletin Board at City Hall, a full, true
the following: Ordinance No. 350~
City Council at a meeting held on the 20th
and entitled:
and correct copy of
passed by the Bakersfield
day of January 1993 ,
NSAOPD
/s/ CAROL WILLIAMS
CITY CLERK of the City of Bakersfield