HomeMy WebLinkAboutRES NO 68-93RESOLUTION NO. 68-93
A RESOLUTION SETTING FORTH THE DECISION OF
THE CITY COUNCIL ON THE APPEAL FOR ZONE
CHANGE NO. 5341 LOCATED SOUTH OF PALM AVENUE
APPROXIMATELY 660 FEET EAST OF JEWETTA
AVENUE.
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 south of Palm Avenue approximately 660
feet east of Jewetta Avenue; and
WHEREAS, by Resolution No. 26-93 on February 4, 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 RS-2.5A
(Residential Suburban-2.5 Acres Minimum) zone to an E (Estate-One Family Dwelling,
minimum lot size 10,000 square feet) zone as delineated on attached Zoning Map No.
102-30 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 RS-2.5A
(Residential Suburban-2.5 Acres Minimum) zone to an E (Estate-One Family Dwelling,
minimum lot size 10,000 square feet) zone and the Council has considered said findings
and all appear to be true and correct; and
WHEREAS, an appeal of the Planning Commission decision on Zone
Change No. 5341 was submitted to the City Council on behalf of the Kern High School
District and the Rosedale Union School District by Schools Legal Service regarding
potential significant impacts on schools on February 12~ 1993; and
WHEREAS, the City Clerk did set a public hearing for WEDNESDAY,
MAY 26, 1993, to consider the appeals; and
WHEREAS, the appeal was heard by the City Council at a public hearing
on May 26, 1993; and
WHEREAS, the City's position is that the California State Legislature
recently enacted Senate Bill 1287 preempting the City's ability to impose mitigation
above and beyond the existing $1.65 per square foot residential building fee, plus the
additional $1.85 imposed by the school districts. Senate Bill 1287, therefore, statutorily
addresses the impacts of new development on schools and is the basis for finding no
impacts to schools; 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, the Planning
Commission and this Council; and
WHEREAS, a Negative Declaration was advertised and posted on June 9,
1993, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows Suburban
Residential development; and
WHEREAS, the City Council has considered and hereby makes the
following findings:
1. All required public notices have been given.
2. The provisions of California Environmental Quality Act (CEQA) have
been met through the preparation of an initial study and a negative declaration which
indicate no significant environmental impact will occur as a result of the proposed zone
change.
3. That the proposed Zone Change No. 5341 is consistent with the
Metropolitan Bakersfield 2010 General Plan.
4. In response to the concerns of the Schools Legal Service representing
the Kern High School District and the Rosedale Union School District regarding the
issue of development impacts on the school districts, the Council adopted the Ordinance
with mitigation as suggested by Schools Legal Service.
WHEREAS, the City Council has determined after due consideration of
said petition and the recommendations of the Planning Commission herein on file,
together with the reasons advanced at the hearing for changes in zoning of said
properties, that the zone changes should be authorized.
NOW, THEREFORE~ BE IT RESOLVED 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. The Negative Declaration is hereby approved and adopted.
3. Section 17.06.020 (Zoning Map No. 102-30) 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 the map marked Exhibit "A" attached hereto and made a part hereof, and are more
specifically described in attached Exhibit "B".
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I HEREBY CERTIFY that the foregoing Resolution was passed and
adopted by the Council of the City of Bakersfield at a regular meeting thereof held on
MAY 2 § ~ , by the following vote:
AYES: COUNCILMEMBERS: EDWARDS. DeMOND, SMITH, BRUNNL KANE, ~ SALVAGGIC
NOES: COUNCILMEMBERS ~O~
ABSENT COUNCILME MBERS: /xJ Of 3~.
ABSTAIN COUNCILMEMbERS' f~ke-Do.~ ~o ~-
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
BOB PRICE
MAYOR of the City of Bakersfield
APPROVED as to form:
CITY ATTORNEY of the City of Bakersfield
MO:pjt
June 16, 1993
res\o5341.cc
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CITY OF BAKERSFIELD
ZONING MAP IO2
EXHIBIT "B"
Legal Description
Zone Change N'o. 5341
FROM AN RS-2.SA (RESIDENTIAL SUBURBAN-2..< ACRES MINIMUM) ZONE
TO AN E (ESTATE - ONE FAMILY DWELLING. MINIMUM LOT SIZE 10.000
SOUARE FEET) ZONE:
The east half. southeast quarter. northwest quarter. southwest quarter. Section 30. T.29
south. Range 27 east. M.D.B.&M.. Kern County. California.
Containing 4.97 -+- acres.
p:5341.1d