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