HomeMy WebLinkAboutORD NO 4683ORDINANCE NO. 4 6 8 3
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING
DISTRICT FROM PUD (PLANNED UNIT DEVELOPMENT) TO A
(AGRICULTURE) ENCOMPASSING 40 ACRES, LOCATED
APPROXIMATELY ONE -HALF MILE SOUTH OF EAST PANAMA
LANE ALONG THE EAST SIDE OF COTTONWOOD ROAD (ZC
NO. 12- 0023).
WHEREAS, in accordance with the procedures 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 approximately one -half mile south of East
Panama Lane along the east side of Cottonwood Road as shown on Exhibit "A "; and
WHEREAS, by Resolution No. 7 -12 on March 15, 2012, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17
of the Municipal Code to approve Zone Change No. 12 -0023 as delineated on the
attached Zoning Map 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 changes in zoning of the
subject property from PUD (Planned Unit Development) to A (Agriculture) on
approximately 40 acres, and the Council has considered said findings and all are true
and correct; and
WHEREAS, the laws and regulations relating to the preparation of Notice
of Exemptions as set forth in CEQA, the State CEQA Guidelines, and the City of
Bakersfield CEQA Implementation Procedures, have been duly followed by city staff
and the Planning Commission; and
WHEREAS, the general plan designation for this area allows agriculture
zoning on the 40 -acre project site; and
WHEREAS, the City Council has considered and hereby makes the
following findings:
All required public notices have been given.
2. The provisions of the California Environmental Quality Act have
been followed.
3. Based upon the preliminary review, staff has determined that the
proposed project could not have a significant effect on the
environment. A Notice of Exemption was prepared for the project gAKF9
in accordance with CEQA.
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as follows:
4. The proposed project is consistent with surrounding land uses.
5. The proposed project, as shown on Exhibit "A" is consistent with the
Metropolitan Bakersfield General Plan.
6. The public necessity, general welfare and good planning practices
justify the requested zone change, as shown on Exhibit "A."
SECTION 1.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield
1. The above recitals, incorporated herein, are true and correct.
2. Section 17.06.020 (Zoning Map) of the Municipal Code of the City
of Bakersfield is hereby amended by changing the zoning district
boundaries which are shown on the Zoning Map marked Exhibit "A"
attached hereto and made a part hereof, and are more
specifically described in attached Exhibit "B ".
3. Such zone change is hereby made subject to approval of GPA No.
12 -0023.
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.
......... OOo.........
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ORIGINAL
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
JUN p62p1, by the following vote:
COUNCILMEMBER SALAS BENHAM WEIR, COUCH, HANSON, SULLIVAN, JOHNSON
NOES: COUNCILMEMBER 1' [2QL
ABSTAIN: COUNCILMEMBER Yl0
ABSENT: COUNCILMEMBER 0
ROBERTA GAFFORDMVIC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED JUN
HARVEY L. HALL
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City A torney
By:
Exhibit A - Zone hC a ge Loc tion Map
B - Zone Change Legal Description
CG - S: \GPAs \GPA 1st 2012\ 1 2-0023\CC ZC Ordinance.doc
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ORIGINAL
Exhibit A
Zone Change Location Map
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Exhibit B
Zone Change Legal Description
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LEGAL DESCRIPTION FOR ZONING
(East Berkshire Lane Property)
The northerly 667.6 feet of Parcel A of Parcel Map 1665 as recorded in Book 8, Page
138 of Parcel Maps, in the City of Bakersfield, County of Kern, State of California, as
shown upon that certain map filed in the office of the Recorder of Kern County, State of
California, January 14, 1974.
Excepting there from the westerly 30 -feet, and the easterly 80 -feet.
Contains approximately 40.00 acres. Also being Assessor's Parcel Number 518 -02-
001. Also being the approximate north 667.20 -feet of the southwest quarter of Section
28, Township 30 South, Range 28 East, Mount Diablo Base & Meridian.
LAND
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Chade's P. Dunham x492
Professional Land Surveyor * EV Q -- go -_;7
PLS 6492 Exp. 6 -30 -07
qrF OF C
R THOMPSON CONSULTING, INC.
CIVIL ENGINEERING / PLANNING / PROJECT MANAGEMENT
7600 MORRO ROAD. ATASCADERO, CA 93422
(805) 462 -1375
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ORIGINAL
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern )
ROBERTA GAFFORD, 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 8th day of June, 2012 she posted on the Bulletin Board at City Hall, a
full, true and correct copy of the following: Ordinance No. 4683, passed by the
Bakersfield City Council at a meeting held on the 6th day of June, 2012 and entitled:
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND
AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL
CODE BY CHANGING THE ZONE DISTRICT FROM PUD (PLANNED
UNIT DEVELOPMENT) TO A (AGRICULTURE) ENCOMPASSING 40
ACRES, LOCATED APPROXIMATELY ONE -HALF MILE SOUTH OF
EAST PANAMA LANE ALONG THE EAST SIDE OF COTTONWOOD
ROAD (ZC NO. 12 -0023)
ROBERTA GAFFORD
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By: 00
DEP,WNvl City Cler J��J_
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