HomeMy WebLinkAboutORD NO 3563ORDINANCE NO. ~3 5 6 3
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND ZONING
MAP 101-34 BY CHANGING THE ZONING OF 16.25
ACRES GENERALLY LOCATED SOUTHWEST OF THE
INTERSECTION OF JOHNSON ROAD AND R!~NFRO
ROAD FROM AN R-2 (LIMITED MULTIPLE FAMILY
DWELLING) ZONE TO AN R-1 (ONE FAMIL~/
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 southwest of the intersection of Johnson
Road and Renfro Road; and
WHEREAS, by Resolution No. 35-93 on July 1, 1993, 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 on
16.25 -+ acres, as delineated on attached Zoning Map No. 101-34 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's
CEQA Implementation Procedures, have been duly followed by city staff, Planning
Commission and this Council; and
WHEREAS, a Negative Declaration was advertised and posted on May 5,
1993, 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:
All required public notices have been given.
The provisions of CEQA have been followed.
ORIGINAL
3. That proposed Zone Change No. 5464 is consistent with the
Metropolitan Bakersfield 2010 General Plan.
the environment.
The proposed zoning will not have a significant adverse effect on
5. Conditions of approval attached to the project as Exhibit "C" are
included in the project to minimize and/or mitigate impacts, and to ensure that the
density allowed by the general plan is not exceeded.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
Bakersfield as follows:
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 Zoning
Map No. 101-34 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 conditions of
approval listed in attached 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.
.......... 000 .........
2
ORIGINAL
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
,SEE 2 2 1~ , by the following vote:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED $EP Z Z ~
BOB ~
MAYOR of the City of Bakersfield
APPROVED as to form:
DR:pjt
July 8, 1993
res\r5464zc.cc
OR~GIMAL
CITY OF BAKERSFIELD
ZONING MAP 101-3~1
EXHIBIT "B"
LE G/kL DESCRIPTION
ZONE CH3%NGE 5464
A PORTION OF THE EAST PIALF OF THE SOUTHEAST QUARTER OF SECTION 34,
TOWNSHIP 29 SOUTH, RA/~GE 26 EAST, MOUNT DIABLO BASE AND MERIDIAN,
CITY OF BAKERSFIELD, COUNTY OF KERN, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 34, SAID CORNER
ALSO BEING THE CENTERLINE INTERSECTION OF STOCKDALE HIGHWAY AND
RENFRO ROAD; THENCE NORTH 00" 23' 13" EAST ALONG THE EAST LINE OF
THE SOUTHEAST QUARTER OF SAID SECTION 34 SAID LINE ALSO BEING THE
CENTERLINE OF RENFRO ROAD A DISTANCE OF 671.73 FEET; THENCE NORTH
89° 29' 54" WEST A DISTANCE 625.00 FEET TO THE TRUE POINT OF
BEGINNING; THENCE CONTINUING NORTH 89° 29' 54" WEST A DISTANCE OF
699.87 FEET; THENCE NORTH 00" 25' 04" EAST A DISTANCE OF 875.07
FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE TO THE SOUTHEAST
WITH A CENTRAL ANGLE OF 06° 07' 31" AND A RADIUS OF 5295.17 FEET;
THENCE NORTHEASTERLY ALONG SAID CURVE A DISTANCE OF 566.08 FEET;
THENCE SOUTH 86° 56' 04" EAST A DISTANCE OF 151.04 FEET; THENCE
SOUTH 00° 23' 10" WEST A DISTANCE OF 1008.23 FEET TO THE POINT OF
BEGINNING.
GL PARKER L.S. 4831 EXP. 09/30/96
ORIGINAL
EXHIBIT "C"
Conditions of Approval
Zone Change No. 5464
The applicant shall enter into an agreement with the city to indemnify and defend
it against a challenge to any action of the city upon the application.
Prior to the issuance of a building permit within the project area, a minimum of
$2.65 per square foot of assessable space shall be paid for the purpose of
providing school facilities.
p:5464.ea
ORIGINAL
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 24th day of September,
1993 she posted on the Bulletin Board at City Hall, a full, true
and correct copy of the following: Ordinance No. 3563, passed by
the Bakersfield City Council at a meeting held on the 22nd day of
September, 1993, and entitled:
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP 101-
34 BY CHANGING THE ZONING OF 16.25 ACRES
GENERALLY LOCATED SOUTHWEST OF THE
INTERSECTION OF JOHNSON ROAD AND RENFRO ROAD
FROM AN R-2 (LIMITED MULTIPLE FAMILY DWELLING)
ZONE TO AN R-1 (ONE FAMILY DWELLING) ZONE.
By:
/s/ CAROL WILLIAMS
City Clerk of the City of Bakersfield