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HomeMy WebLinkAboutORD NO 4130ORDINANCE NO. 4: ~. 3 0 AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION t7.06.020 (ZONE MAP NO. 123-35) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM R-1 (ONE FAMILY DWELLING) TO E (ESTATE); LOCATED ON THE NORTH SIDE OF MCKEE ROAD, BETWEEN STINE ROAD AND AKERS ROAD. (FILE #03-0179) 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 located on the north side of McKee Road, between Stine Road and Akers Road. WHEREAS, by Resolution No. 77-03 on April 17, 2003 the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change 03-0179 as delineated on attached Zoning Map No. 123-35 marked Exhibit "B", by this Council and this Council has fully considered the recommendations 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 R-1 (One Family Dwelling) to E (Estate) 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 March 11, 2003 in accordance with CEQA; and WHEREAS, the general plan designation for this area allows residential development, findings: with which the E (Estate) zone is consistent; and WHEREAS, the City Council has considered and hereby makes the following All required public notices have been given The provisions of the California Environmental Quality Act (CEQA) have been followed. The public necessity, general welfare and good zoning practice justify the requested change of zone from the existing zoning district to an E (Estate) zone. 1 SECTION 1. as follows: NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield 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 Zoning Map. No. 123-35 marked Exhibit "B" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "C ". 4. Such zone change is shown on the vicinity map attached as "Exhibit A." 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 ......... the I HEREBY CERTIFY that the foregoing Ordinance was pasSed and adopted, by C~c~.l(~)03the City of Bakersfield at a regular meeting thereof held on by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER COUCH, CARSON, ~HA'ffi, MAGGARD, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER J~ COUNCILMEMBER ~l 0 14,~ COUNCILMEMBER "~,,~ IA~,/Y't PAMELA A. McCARTHY, CMC ~/ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED JUN 1 1 Z003 Mayor of the City of Bakersfield APPROVED as to form BART J. THILTGr~I City Attorney LP/S:~Zone Change~03-0179\CC ord.WPD 3 COUNTY EXHIBIT A EXHIBIT B EXHIBIT C Job No. 13916 TRACT NO. 6178 The legal description for the Zone Change is: PARCEL 2 OF PARCEL MAP NO. 8106, RECORDED IN PARCEL MAP BOOK 34, PAGE 47, IN THE OFFICE OF THE KERN COUNTY RECORDER. DELMARTER AND DEIFEL No. 17~4 £~. AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) SS. County of Kern ) PAMELA A. McCARTHY, 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 12th day of June , 2003 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4130 , passed by the Bakersfield City Council at a meeting held on the 11th day of June 2003 and entitled: AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO. 123-35) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM R-1 (ONE FAMILY DWELLING) TO E (ESTATE); LOCATED ON THE NORTH SIDE OF MCKEE ROAD (03-0179) Isl PAMELA A. McCARTHY City Clerk of the City of Bakersfield By: DEP U~',~ i.~.t~ Clerk