HomeMy WebLinkAboutORD NO 3935ORDINANCE
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO's
124-04,124-05, 124-06,124-07,124-08,124-09,124-16,124-17
and '124-18 BY CHANGING THE ZONING OF 3,46'1 ACRES
GENERALLY LOCATED BETWEEN EAST BRUNDAGE LANE
AND EAST PACHECO ROAD, MT. VERNON AVENUE ON
THE EAST AND THE MAJORITY OF PARCELS WITH
FRONTAGE LYING ON THE WEST SIDE OF SOUTH UNION
AVENUE ON THE WEST FROM THE EXISTING CASA LOMA
SPECIFIC PLAN DESIGNATIONS TO RS-2.5, RS, E, R-2, R-3,
C-2, M-I, M-2, M-3, AND OS ZONES.
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 between East Brundage Lane and East Pacheco Road, Mt.
Vernon Avenue on the east and the majority of parcels with frontage lying on the west side of
South Union Avenue on the west.
WHEREAS, by Resolution No.151-99 on September 17, 1999, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve RS-2.5, RS, E, R-2, R-3, C-2, M-l, M-2, M-3, and OS zones as
delineated on attached Zoning Map No's 124-04,124-05, 124-06,124-07,124-08,124-09,124-
18,124-17 and 124-18 marked Exhibit "A-I", 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 the Casa Loma
Specific Plan Designations to RS-2.5, RS, E, R-2, R-3, C-2, M-l, M-2, M-3, AND OS zones 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 July 26, 1999,
in accordance with CEQA; and
WHEREAS, the general plan designations for this area will not change with the
proposal and allows urban development; and
WHEREAS, the City Council has considered and hereby makes the following
findings:
1. All required notices have been given.
The provisions of the California Environmental Quality Act (CEQA) have
been followed.
Based on the Initial Study and comments received, staff has determined
that the proposed project could not have a significant effect on the
environment. A Negative Declaration was advertised and posted on July
26, 1999, in accordance with CEQA.
The public necessity, general welfare and good zoning practice justify the
requested change of zone from the existing Casa Loma Specific Plan
designations to similar City zoning districts on 3,461 acres located
generally between East Brundage Lane and East Pacheco Road, Mt.
Vernon Avenue on the east, and the majority of parcels with frontage
lying on the west side of South Union Avenue to the west.
The proposed zone change to City RS-2.5, E, R-2, R-3, C-2, M-l, M-2,
M-3 AND OS is consistent with the Metropolitan Bakersfield 2010
General plan.
The proposed zone change is compatible with existing development on
and adjacent to the project site.
The proposed zone change will allow the existing uses on the project site.
The proposed zone change is consistent with the intent and purpose of
General Plan Amendment P99-0450 as approved by the Planning
Commission.
as follows:
and adopted.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield
All of the foregoing recitals are hereby found to be true and correct.
The Negative Declaration for Zone Change P99-0450 is hereby approved
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. Nos.
124-04, 124-05, 124-06, 124-07, 124-08, 124-09, 124-16, 124-17 and 124-18 marked Exhibit "A
thru I" attached hereto and made a part hereof.
4. Zone Change P99-0450 is hereby made subject to approval of General
Plan Amendment P99-0450.
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 by
the Council of the City of Bakersfield at a regular meeting thereof held on
NOV ~. 7 1999 , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBERCARSON, DEMOND, MAGGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER ['Jol'~
CITY CLERK and Ex Officio C~'~rk of the
Council of the City of Bakersfiel~l
APPROVED NOV 17 1999
BO"B PRIC(='~''
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
BART J. THILTGEN
City Attorney
By: '
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October 12, 1999
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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 17th day of November , 1999 she posted on the Bulletin Board at
City Hall, a full, true and correct copy of the following: Ordinance No. 3935 , passed by
the Bakersfield City Council at a meeting held on the 18th day of November 1999
and entitled:
An ordinance amending title seventeen fo the Bakersfield
Municipal Code and zoning map No's 124-04, 124-05, 124-06,
124-07, 124-08, 124-09, 124-16, 124-17, and 124-18 by changing
the zoning of 3,461 acres generally located between East Brundage
Lane and East Pacheco Rd, Mt Vernon Ave on the East and the
majority of parcels with frontage lying on the West side of South
Union Ave on the West from the existing Casa Loma specific plan
designations to RS-2.5, RS, E, R-2, R-3, C-2, M-l, M-2, M-3, and
OS Zones.
/s/PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
DEPUT~' City Clerk '~ "~
S:\DOCU MENT~AOPOSTING
November 18, 1999