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
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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, ·
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ffl ~e ~..fy rfgh~ of ~y ITH cf ~sedale HIO~y (~l~ ~, YI-~6);
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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