Loading...
HomeMy WebLinkAboutORD NO 2912ORDINANCE NO. 2912 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE LAND USE ZONING OF THOSE CERTAIN PROPERTIES IN THE CITY OF BAKERSFIELD LOCATED ON THE NORTH SIDE OF COLLEGE AVENUE BETWEEN VALENCIA DRIVE AND TANGERINE STREET. 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 has held a public hearing on a petition to change the land use zoning of those certain properties in the City of Bakersfield located on the north side of College Avenue between Valencia Drive and Tangerine Street; 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 a change of zoning of the subject properties from an R-1 (One Family Dwelling) Zone and a P.U.D. (Planned Unit Development) Zone to an R-2 (Limited Multiple Family Dwelling), or more restric- tive, Zone, and the Council has considered said findings and all appear to be true and correct; and WHEREAS, the condition applied by the Planning Commission, set forth below, has been satisfied: Within ten (10) days after the Planning Commission adoption of a resolution recom- mending City Council approval and adoption of an ordinance to rezone this property to an R-2 zoning classification, the owner of the property to be rezoned shall record a deed restriction limiting the height of structures to one story and the maximum number of dwell- ing units to 228; and environmental impact which could WHEREAS, there appears to be no substantial detrimental result from the proposed project; and WHEREAS, the City Council has determined after due con- sideration of said petition and the recommendations of the Plan- ning Commission herein on file, together with the reasons advanced hearing for a change of zoning of said properties that a at the zoning change should be authorized; and WHEREAS, the City Council has determined the proposed zoning is consistent with the General Plan of City of Bakersfield. NOW, THEREFORE, BE IT ORDAINED by the Council of City of Bakersfield as follows: and found that the the 1. All of the foregoing recitals are hereby found to be true and correct. 2. An environmental assessment was made of the project, and a Negative Declaration was adopted by the Planning Commission after a public hearing thereon, and this Council hereby approves and adopts the Negative Declaration. 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 certain properties in said City, the boundaries of which properties are shown on the map hereto attached and made a part hereof, as follows: FROM AN R-1 (ONE FAMILY DWELLING) ZONE AND A P.U.D. (PLANNED UNIT DEVELOPMENT) ZONE TO AN R-2 (LIMITED MULTIPLE FAMILY DWEL- LING), OR MORE RESTRICTIVE ZONE: A parcel, being Parcel 4, and portions of Parcels 3 and 2 of Parcel Map No. 4921, in the City of Bakersfield, County of Kern, State of California as per Map recorded October 27, 1978, Book 21, Page 156 in the Office of the County Recorder, said parcel further described as follows: Beginning at the southwest corner of Parcel 4 of said Parcel Map; Thence North 0~07'17" East, along the west line of Parcels 4 and 3 a distance of 1,328.45 feet, to the southerly line of Parcel 2 of said Parcel Map; Thence North 89°45'15" East, along said southerly line, a distance of 73.69 feet to a point of a non-tangent curve having a radius of 330.00 feet, a radial bearing of North 76°37'04" East, a delta angle of 3°32'33" and an arc length of 20.403 feet; Thence northwesterly along said curve a distance of 20.403 feet to a point 20 feet distant from and parallel to the east-west centerline of the southwest Quarter of Section 24, Township 29 South, Range 28 East, Mount Diablo Base and Meridian, also being parallel to the extension of the southerly line of Parcel 2 of said map; Thence North 89°45'15" East, along said parallel line a distance of 737.91 feet, the east line of Parcel 3 of said Map; to Thence South 0045'58" West, a distance of 706.53 feet; Thence continuing along the East line of Parcels 3 and 4, South 0030'09" West, a distance of 641.00 feet to the southeast corner of Parcel 4 said point being also the centerline of College Avenue; Thence South 89°41'08" West, along said centerline a distance of 814.14 feet to the True Point of Beginning. Said described Parcel contains 25.17 acres. The above change of zoning is subject to the following limitation: That the terms of that certain Declaration of Restrictions recorded March 16, 1984, on Page 1796 of Book 5640 of the Official Records of the Kern County Recorder are incorporated in this ordinance and no property burdened by said Declaration shall be developed in violation of such terms. This ordinance shall be posted in accordance with the City Charter provisions and shall become effective thirty (30) days from and after the date of its passage. .......... o0o .......... 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 the ~nd day of May , 1984, by the following vote: I~.~ CZT]f CLERK and Ex 0~-~'~o Clerk of Council of the City of Bakersfield APPR~ this 2nd day of May - MAYO~ the City of Bakersfield , 1984 APPROVED as to form: C]~TY AT/~O~NEY of th~6~City of Bakersfield the AJS/bl 4. } ZC ~4082 ~ R-1 & P.U.D. to R-2 ~; Stephen W. Hair C-2-D C-2- R-I Afft at t! of osltng ( r tnam:es STATE OF CALIFORNIAl ss. County of Kern J MARGUERITE ANDERSON, Being duly sworn, desposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on May ? , 198L~ , she posted on the Bulletin Board at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held on May 24 , 19 524 , which ordinance was numbered 2912 New Series, and entitled: AN ORDINANCE OF THE COUNCIL OF THE CiTY OF BAKERSFIELD AMENDinG TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE LAND USE ZONING OF THOSE CERTAIN PROPERTIES IN THE CITY OF BAKERSFxELD LOCATED ON THE NORTH SiDE OF COLLEGE AVENUE BETWEEN VALENCIA DRIVE AND TAi~GERINE STREET. Subscribed and sworn to before me this 7th ,~ .... ~ May 19 84 CAI~L WILLIAMS NOTARY ~UBLIC - CAI.IFO~NIA