HomeMy WebLinkAboutORD NO 4210ORDINANCE NO. 4 2 I 0
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION
AND AMENDING SECTION 17.06.020 (ZONE MAP NO. 123-20)
OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL
CODE BY CHANGING THE ZONING FROM FROM AN A-20A
(AGRICULTURE-20 ACRE MINIMUM) ZONE TO AN R-I (ONE
FAMILY DWELLING) ZONE ON 40.46 ACRES; LOCATED AT THE
NORTHEAST CORNER OF OLD RIVER ROAD AND HARRIS
ROAD. (FILE #04-0324)
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 located located at the northeast corner of Old River Road and Harris Road (as
shown on attached Exhibit "A").
WHEREAS, by Resolution No. 87-04 on July 1, 2004 the Planning Commission
recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code
to approve Zone Change 04-0324 as delineated on attached Zoning Map No. 123-20 marked
Exhibit "B", 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 an A-20^ (Agriculture-
20 acre minimum) zone to an R-1 (One Family Dwelling) zone 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 June 11,
2004 in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows residential
development, with which the R-1 (One Family Dwelling) zone is consistent; and
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 an R-1 (One Family
Dwelling) zone.
SECTION 1.
as follows:
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield
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) 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. 123-20 marked Exhibit
"B" attached hereto and made a part hereof, and are more specifically described in attached
Exhibit "C ".
4. Such zone change is shown on the vicinity map attached as "Exhibit A."
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 .........
the
I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by
,3rr~Cto~Rci~~,41J4'~°f~o"t'he City of Bakersfield at a regular meeting thereof held on
by the following vote:
NOES:
ABSTAIN:
ASSENT:
COUNCILMEMBER COUCH, CARSON, BENHAM. MAGGARD, HANSON, SULLIVAN, SALVAGGIO
COUNCtLMEMBER
COUNCILMEMBER
COUNCILMEMBER
PAMELA A. McCARTHY, CMCI//
CITY CLERK and Ex Officio Cl~k of the
Council of the City of Bakersfield
APPROVED SEP :~ :~ Z004
Mayor of the City of Bakersfield~
APPROVED as to form
VIRGINIA GENNARO
City Attorney
LP/S:~ZoneChange\04-0324\CC\Ord-CC.DOC
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(]VO~ ~I~AI~ 0"10
EXHIBIT B
ZONE CHANGE 04-0;324
o!
A-20A TO R-1
EXHIBIT C
ZONE CHANGE
LEGAL DESCRIPTON
BEING LOTS 12 AND 13 OF SECTION 20, T. 30 S., R. 27 E., M.D.B.&M. IN THE
CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA
ACCORDING TO THE MAP FILED IN THE OFFICE OF THE COUTY REORDER
OF KERN COUNTY CALIFORNIA, MAY 28, 1892.
CONTAINS: 40.45 GROSS ACRES
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 22nd day of September, 2004 she posted on the Bulletin Board at
City Hall, a full, true and correct copy of the following: Ordinance No. 4210 , passed by
the Bakersfield City Council at a meeting held on the 22nd day of September, 2004
and entitled:
AN ORDINANCE ADOPTING A NEGATIVE
DECLARATION AND AMENDING SECTION 17.06.020
(ZONE MAP NO. 123-20) OF TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE BY CHANGING THE
ZONING FROM AN A-20A (AGRICULTURE-20 ACRE
MINIMUM) ZONE TO AN R-I (ONE FAMILY DWELLING)
ZONE ON 40.46 ACRES; LOCATED AT THE
NORTHEAST CORNER OF OLD RIVER ROAD AND
HARRIS ROAD. (FILE #04-0324)
/si PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
LJDIg--PUTY (~ity Clerk