HomeMy WebLinkAboutORD NO 3648ORDINANCE NO. 5 6 4 8
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND ZONING
MAP 123-35 BY CHANGING THE ZONING OF 7.57
ACRES GENERALLY LOCATED ON THE SOUTHEAST
CORNER OF STINE ROAD AND HOSKING AVENUE
FROM AN R-1 (ONE FAMILY DWELLING) ZONE TO AN
R-1 CH (ONE FAMILY DWELLING-CHURCH) ZONE.
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 generally located on the southeast corner of Stine Road and
Hosking Avenue; and
WHEREAS, by Resolution No. 15-95 on March 16, 1995, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of
the Municipal Code to approve zone change of the subject property from an R-1 (One
Family Dwelling) zone to an R-1 CH (One Family Dwelling-Church) zone as delineated
on attached Zoning Map No. 123-35 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 an R-1
(One Family Dwelling) zone to an R-1 CH (One Family Dwelling-Church) 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 with mitigation was advertised and
posted on February 10, 1995, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows residential
development; and
WHEREAS, the applicant acknowledges this project is within close
proximity to a potential freeway alignment; and
WHEREAS, the City Council has considered and hereby makes the
following findings:
1. All required public notices have been given.
ORIGINAL
2. The provisions of CEQA have been followed.
3. Based on an initial study, staff determined the proposed project will
not significantly effect the physical environment in the area and issuing a Negative
Declaration with mitigation is adequate.
4. The proposed zone change is consistent with the Metropolitan
Bakersfield 2010 General Plan.
SECTION 1.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
Bakersfield as follows:
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. 123-35 marked Exhibit "A" attached hereto and made a part hereof, and are
more specifically described in attached Exhibit "B".
4. Such zone change is hereby made subject to the conditions of
approval listed in attached Exhibit "C".
SECTION 2.
This ordinance shall be posted in accordance with provisions of the
Bakersfield Municipal Code and shall become effective thirty (30) days from and after
the date of its passage.
......... 000 .........
ORIGli'4AI.
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
MAY 0 ~ 1995 , by the following vote:
AYES; COUNCILMEMBER DeMOND, CARSON, SMITH, kte$~t~l~lrr, ROWLE$, CHOW, 8ALVA{I(310
~'!rES: COUNCILME~ER C'W'~ ~
A~'~5'~AIN: COUNCIlEMBER ~ ~ ~
ABSENT: COUNCIlEMBER ~c ~(~ ~'
APPROVED MAY 0 $ 1995
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
KEVIN MCDERMOTT
Mayor Pro Tem
APPROVED as to form:
JUDY SKOUSEN
CITY ATTORNEY
LAURA C. MARINO
ASSISTANT CITY ATTORNEY
DR:pit
May 2, 1995
res\o5618zc.cc
3
ORIGIt.,IAL
0
Z
m
C)
Z
m
CITY OF BAKERSFIELD
ZONING MAP
SEC 35 I 30s
LEGEND
123 -35
R 27E
EXHIBIT "B"
Legal Description
Zone Change No. 5618
R-I TO R-I CH
All that portion of Lot 8 in Section 35, Township 30 South, Range 27 East, M.D.B.&M.,
City of Bakersfield, Kern County, California, according to "Kern County Sales Map No.
1 of Lands of J.B. Haggin" filed in the Office of the Kern County Recorder on May 3,
1889, being more particularly described as follows:
Beginning at the northwest corner of said Section:
Thence along the north line of said Section, S 89006'25" E, 660.82 feet to the northeast
corner of said lot;
Thence along the east line of said lot, S 00034'50" W, 498.77 feet;
Thence parallel with said north line, N 89006'25" W, 660.80 feet to the west line of said
Section;
Thence along said west line, N 00o34'42" E, 498.77 feet to the Point of Beginning.
Containing 7.57 acres, more or less.
p:5618.1d
EXHIBIT "C"
Zone Change No. 5618
Conditions of Approval
At the time of development of the site or at the time of development of the
adjacent subdivision, whichever occurs first, the developer shall construct the
entire project frontage of both Stine Road and Hosking Avenue, including either
constructing a landscaped median island or paying for the project's proportionate
share of the median island in these streets.
p:5618zc.ea
ORIGIN.,~t
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SSo
County of Kern )
CAROL WILLIAMS, 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 5th day of May, 1995 she
posted on the Bulletin Board at City Hall, a full, true and correct
copy of the following: Ordinance No. 3648, passed by the
Bakersfield City Council at a meeting held on the 3rd day of May,
1995, and entitled:
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONINGMAP 123-
25 BY CHANGING THE ZONING OF 7.57 ACRES
GENERALLY LOCATED ON THE SOUTHEAST CORNER OF
STINE ROAD AND HOSKING AVENUE FROM AN R-1 (ONE
FAMILY DWELLING) ZONE TO AN R-1 CH (ONE FAMILY
DWELLING-CHURCH) ZONE
/s/ CAROL WILLIAMS
City Clerk of the City of Bakersfield
DEPUTY City Clerk