HomeMy WebLinkAboutORD NO 4135ORDINANCE NO. ~ ~ 3 ~
AN ORDINANCE ADOPTING a NOTICE OF EXEMPTION
AND AMENDING SECTION 17.06.020 (ZONE MAP
NO.104-06) OF TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE BY CHANGING THE
ZONING FROM R-1 HD (ONE FAMILY DWELLING
HILLSIDE DEVELOPMENT) ZONE TO AN (OS) OPEN
SPACE ZONE ON 40 ACRES. (FILE NO. 03-0360).
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 one-half mile west of Alfred Harrell Highway
and one-half mile south of Hart Park, as shown on attached Exhibit "A," and more
thoroughly described in attached Exhibit "B;" and
WHEREAS, by Resolution No. 84-03 on May 15, 2003 the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of
the Municipal Code to approve Zone Change 03-0360 as delineated on attached Zoning
Map No. 104-06 marked Exhibit "A", 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 making a determination that the
project is exempt from CEQA in accordance with CEQA Guidelines Section 15061
(b)(3), and a change to the zone; and
WHEREAS, 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 a Notice of Exemption, 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 Notice of Exemption was advertised and posted on May 2,
2003, in accordance with CEQA; and
WHEREAS, the general plan designation for this area is OS-S (Open
Space-Slope); and
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WHEREAS, the City Council has considered and hereby makes the
following findings:
1. 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 OS (Open Space) zone.
The proposed project is consistent with the General Plan.
The project is exempt from CEQA pursuant to Section 15061
(b)(3), General Rule because there is no significant impacts
resulting from the project.
SECTION 1.
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. That the project is exempt from CEQA pursuant to Section 15061
(b)(3), General Rule.
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. 104-06 marked Exhibit "A" attached hereto and made a part hereof, and are
more specifically described in attached Exhibit "B."
4. That Zone Change No. 03-0360, as outlined above, is hereby
approved and adopted.
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.
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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
JUN P. ,5 Z003 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNClLMEMBERCOUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER ~
COUNClLMEMBER I,~
COUNCILMEMBER ~
PAMELA A. McCARTHY, (~C
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED JUN 2 5 2003
HARVEY L. HALL J
Mayor of the City of Bakersfi/et'd
APPROVED as to form
BART J. THILTGEN
City Attorney
B ·/~./.>~z~ ~ L~..J,.~,~-,
Exhibits: A Zone Map
B, Legal Description
Jeng \ S:~oneChange~z360\CC\OZC-CC.DOC
June 4, 2003
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EXHIBIT "A"
ZONE CHANGE # 03-0360
LEGAL DESCRIPTION
That parcel of land being the northwest quarter of the northwest quarter of
Section 6, Township 29 South, Range 29 East, MDBM, City of Bakersfield,
County of Kern and State of California.
Containing 40 acres.
S:[ZoneChangetz3601~egal des. d~c
EXHIBIT "B"
CiTY OF BAKERSFIELD
ZONING MAP 104-06
SEC 06 T 29s R 29£
LEGEND
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 26th day of June , 2003 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4135 , passed by the
Bakersfield City Council at a meeting held on the 25th day of June 2003 and
entitled:
AN ORDINANCE ADOPTING ANOTICE OF EXEMPTION
AND AMENDING SECTION 17.06.020 (SONE MAP NO.
104-06) OF TITLE SEVENTEENOF THE BAKERSFIELD
MUNICIPAL CODE BY CHANGING THE ZONING FROM
R-1 HD (ONE FAMILY DWELLING HILLSIDE
DEVELOPMENT) ZONE TO AN (OS) OPEN SPACE
ZONE ON 40 ACRES (FILE NO. 03-0360).
/si PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
DEPUTY ~i~rk