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HomeMy WebLinkAboutORD NO 3946ORDINANCE NO. 3 9 4 6 AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 102- 26 BY CHANGING THE ZONING OF 31± ACRES GENERALLY LOCATED ALONG THE SOUTH SIDE OF 24TM STREET, WEST OF OAK STREET, FROM R-1 TO OPEN SPACE ZONE (ZC P99- 0664) (WARD 5). WHEREAS, in accordance with the procedure set fodh 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 along the south side of 24th Street, west of Oak Street; and WHEREAS, by Resolution No. 194-99 on November 4, 1999, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve a zone change from R-1 to Open Space zone on 31 acres as delineated on attached Zoning Map No. 102-26 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 which warranted a negative declaration of environmental impact and changes in zoning of the subject property from R-1 to Open Space on 31+ acres located south of 24th Street, west of Oak Street, 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 September 22, 1999, in accordance with CEQA; and WHEREAS, the general plan designation is designated OS-P (Open Space- Parks) on the Metropolitan Bakersfield 2010 General Plan Land Use Plan for this area and allows the existing development on the site; 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 September 22, 1999, in accordance with CEQA. The public necessity, general welfare and good zoning practice justify the requested change of zone from the existing R-1 (One Family Dwelling) OS (Open Space) zone on 31 acres located at the southwest corner of 24th Street and Oak Street. The project site is designated OS-P (Open Space-Parks) on the Metropolitan Bakersfield 2010 General Plan Land Use Plan. The proposed Zone Change is compatible with the Metropolitan Bakersfield 2010 General Plan. The proposed Zone Change will allow the existing uses on the project site. as follows: SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield and adopted. All of the foregoing recitals are hereby found to be true and correct. The Negative Declaration for Zone Change P99-0664 is hereby approved 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. 102-26 marked Exhibit "A" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "B ". 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 ...... I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of theCitv af Bakersfield at a regular meeting thereof held on JAN 1~ 2-'~00~ , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO COUNCILMEMBER t~ I'~ ~- COUNCILMEMBER ~,J(51q 13_ COUNCILMEMBER I'-t¢)~'~ ~ and Ex Officio C,J~k of the CITY CLERK Council of the City of Bakersfiet~l 2 APPROVED JAN 1~. t000 BOB'PRICE MAYOR of the City of Bakersfield APPROVED AS TO FORM: BART J. THILTGEN City Attorney By: MO:pah November 10, 1999 3 PP'S ¢-2 C-2 C-2 C-2 ¢-2 C-2 C-2 Mol Ill CITY OF BAKERSFIELD ZONING MAP 102-26 SEC. 26 · 29s R. 2TE LEGEND EXHIBIT /,11 that portion cf Sections 25 and 26, T~n~lp 29 3ou~n, Range 27 T~C£ TH~E (I) tiO~h 89' 45~ 00" k., ~ right eagle, to laid ~alt ii,e, · dllte~ Of B~.93 ~) ~ 40e ~Oe O0' ~lt, I dls~ of ~3.10 ffl ~e ~..fy rfgh~ of ~y ITH cf ~sedale HIO~y (~l~ ~, YI-~6); (~) ~uth 60~ ~' ~" EaO? alo~ ~ld right of uy I1,0. e dll~e (6) ~u~ ~" ~g~ I]" East. a dl~)a~ of ~86d6 f~) ~ · ~1~ EXCEPT TH~R£FR~ f~ tho ~u?~st corner of last named pa~etl the oen~rll~ of 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 13th day of January , 2000 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3946., passed by the 12th dayof January 2000 and Bakersfield City Council at a meeting held on the entitled: An ordinance amending title seventeen of the Bakersfield Municipal Code and zoning Map No.102-26 by changing the zoning of 31_+ acres generally located along the south side of 24'h Street, west of Oak Street, from R-1 to open space zone (ZC P99-0664) /s/PAMELA A. McCARTHY City Clerk of the City of Bakersfield DEPUT'Y~:ity (~lerk "~ "~ S:\DOCUMENT~AOPOSTING January 13, 2000