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HomeMy WebLinkAboutORD NO 2760ORDINANCE NO. 2760 NEW SERIES AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE MUNICIPAL CODE OF THE CITY OF BAKERSFIELD BY CHANGING THE LAND USE ZONING OF THAT CERTAIN PROPERTY IN THE CITY OF BAKERSFIELD BOUNDED BY 40TH STREET TO THE NORTH, "Q" STREET TO THE EAST, ABANDONED 38TH STREET TO THE SOUTH, AND "O" STREET TO THE WEST (CONDITIONAL). 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 that certain property the City of Bakersfield bounded by 40th Street to the North, in Street to the East, Street to the West; WHEREAS, the abandoned 38th Street to and Planning Commission, as a the South, and 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 property from an R-1 (One Family Dwelling) Zone to an R-2 (Limited Multiple Family Dwelling) or more restrictive Zone, and the Council has considered said findings and all appear to be true and correct; and WHEREAS, there appears environmental impact which could and to be no substantial detrimental result from the proposed project; 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 at the hearings for a change of zoning of said property, that a zoning change should be authorized, subject to the following conditions: 1) Install, within one hundred and eighty (180) days from the date of passage of this Ordinance, four (4) fire hydrants with a 2,000 gallons per minute flow at locations approved by the Fire Department, or assurance provided by way of contract with adequate surety to perform such work within such one hundred and eighty (180) day period. Water mains are to be I.S.O., and City requirements with dead-end mains no less than eight inches in size. Under Resolution No. 68-78 and Muni- cipal Code Section 16.24.124(b)(13): All subdividers and all persons otherwise required to furnish fire hydrants are to purchase the fire hydrants, hydrant burys, necessary bury extensions and all necessary bolts and gaskets from the City of Bakersfield and pay the total cost thereof. 2) Within one hundred and eighty (180) days from the date of passage of this Ordinance, construct curb, gutter, sidewalk and 32- foot minimum width of paving along "O" Street, or assurance provided by way of contract with adequate surety to perform such work within such one hundred and eighty (180) day period. WHEREAS, the City Council has determined and found that this zoning ordinance is consistent with the General Plan of the City of Bakersfield. NOW, THEREFORE, BE IT ORDAINED 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. 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 property in said City, the boundaries of which property are shown on the map hereto attached and made a part hereof, as follows: FROM AN R-1 (ONE FAMILY DWELLING) ZONE TO AN R-2 (LIMITED MULTIPLE FAMILY DWELLING) ZONE: Block 664 of the "Northern Division of the Town of Bakersfield", City of Bakersfield, County of Kern, State of California, accord- ing to the Map recorded April 26, 1889 in Book l, Page 21 of Maps in the Office of the Kern County Recorder; AND the North Half of abandoned 38th Street between "O" Street and "Q" Street. 2e 4. This Ordinance shall be posted in accordance with the City Charter provisions and shall become effective upon satisfaction of the following conditions: 1) Install, within one hundred and eighty (180) days from the date of passage of this Ordinance, four (4) fire hydrants with a 2,000 gallons per minute flow at locations approved by the Fire Department, or assurance provided by way of contract with adequate surety to perform such work within such one hundred and eighty (180) day period. Water mains are to be I.S.O., and City requirements with dead-end mains no less than eight inches in size. Under Resolution No. 68-78 and Municipal Code Section 16.32.070 B.13. ~ All subdividers and all persons otherwise required to furnish fire hydrants are to purchase the fire hydrants, hydrant burys, necessary bury extensions and all necessary bolts and gaskets from the City of Bakersfield and pay the total cost thereof. 2) Within one hundred and eighty (180) days from the date of passage of this Ordinance, construct curb, gutter, sidewalk and 32- foot minimum width of paving along "O" Street, or assurance provided by way of contract with adequate surety to perform such work within such one hundred and eighty (180) day period. ......... o0o ......... I and adopted by the Council of the meeting thereof held on the 21st the following vote: HEREBY CERTIFY that the foregoing Ordinance was passed City of Bakersfield at a regular day of July , 1982, by AYES: COUNCILMEN: BARTON, CHRISTENSEN, MEANS, PAYNE, PATTY, ROCKOFF, NOES: COUNCILMEN: .~'~,'~'~ ~ ABSENT: COUNCILMEN: _ ~~-:, ABSTAINING: COUNClLMEN~ CITY CLERK 'and .~x Officio Clerk of the Council of the City of Bakersfield APPROVE~/~is ~21st day ~of July , MAYOR of;~e C'ity of Bakersfield 1982 APPROVED as to form: CITY ATTORNEY~t~he City of mm 4. oF ,5>'? 60 /F-2 ~ Aff av ! of J osnng r nan es STATE OF CALIFORNIA, ~ County of Kern ~ss. PHILIP KELMAR, being duly sworn, deposes and says: That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on ......................................J...~.J_..Y.._..~..~..; ...............................................................,19....~.~.. he 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 ...............~..]....y.......~...1..:. ......................................................, 19..~-2...., which ordinance ~vas numbere~ ..................~.~..~ ..............New Series, and entitled: An Ordinance amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of ~akersfield bounded by 40th Street to the North, "Q" Street to the East, abandoned 38th Street to the South, and "0" Street to the ~¥est (Conditional). ty Clerk Subscribed and sworn to before me this 26th day of · July ,19 82