HomeMy WebLinkAboutORD NO 3678ORDINANCE NO. 3 6 7 8
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND ZONING
MAP 123-17 BY CHANGING THE ZONING OF 7.27 _
ACRES GENERALLY LOCATED ON THE SOUTHWEST
CORNER OF GOSFORD ROAD AND DISTRICT
BOULEVARD FROM AN R-2 (LIMITED MULTIPLE
FAMILY DWELLING) ZONE TO AN R-2 CH (LIMITED
MULTlPLE 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 southwest corner of Gosford Road
and District Boulevard; and
WHEREAS, by Resolution No. 62-95 on September 7, 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-2
(Limited Multiple Family Dwelling) zone to an R-2 CH (Limited Multiple Family
Dwelling-Church) zone as delineated on attached Zoning Map No. 123-17 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-2
(Limited Multiple Family Dwelling) zone to an R-2 CH (Limited Multiple 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 was advertised on July 27, 1995, and
posted on July 26, 1995, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows residential
development; and
WHEREAS, the City Council has considered and hereby makes the
following findings:
1. All required public notices have been given.
2. The provisions of California Environmental Quality Act (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 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:
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. 123-17 marked Exhibit "A" attached hereto and made a part hereof, and are
more specifically described in attached Exhibit "B".
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.
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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
~ 2 5 ~5 , by the following vote:
AYES: COUNCILMEMBER DeMOND, CARSOn, SMITH, Mc~IF_RMOTI', ROWLES, SULLIVAN, SALVAGGIO
NOES: COUNCILMEMBER
ASSENT: COUNCILMEMBER
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY SKOUSEN
CITY ATTORNEY
C~ARL HERNANDEZ
DEPUTY CITY ATFORNEY
DR:pit
September 12, 1995
res\o5653.cc
3
CITY OF BAKERSFIELD
ZONING MAP 127~ IF
LEGEND
EXHIBIT "B"
Legal Description
Zone Change No. 5653
FROM AN R-2 (LIMITED MULTIPLE FAMILY DWELLING) ZONE TO AN R-2 CH
(LIMITED MULTIPLE FAMILY DWELLING-CHURCH) ZONE:
That portion of the SE} of Section 17, Township 30 South, Range 27 East,
M.D.M., in the City of Bakersfield, County of Kern, State of California,
according to the Official Plat thereof, described as follows:
Beginning ac the Southeast corner of said Section; thence North 0'39~48"
East, along the East line of said Section 17, and the centerline of
Gosford Road per Tract No. 4482 M.B. 32, Page 45 a distance of 152.62
f~ae; thence North 89'08'18" Wast, to the Westerly line of Goeford Road
and the true point of beginning, a distance of 55.00 feet; thence North
89'08'18" West, along the Northerly line of the Souahem Pacific Railroad
Co. right-of-~ay known as "The Bakersfield to A~phalto Branch" per dead
No. 3340, recorded July 2, 1894, in the Office of the Kern County
Recorder, a distance of 654.67 feat to the Soucheese corner of Lot 89 of
Tract No. 4576, recorded in M.B. 32, Pa~a 126; thence North 0~'42"
Ease, 120.00 feeS; thence South 89'08~18" Ease, 8~.73 fees to the
haginning of a curve concave to the South having a radius of 25.00 feat;
thence Southeasterly 8.69 feat along said curve through a central angle
of 19'55~11" ~o the beginning of a reverse curve concave to the Northwest
having a radius of 92.00 feet, a radial line through said beginning of
reverse curve bears Notch 20'46~53" Ease; thence Easterly and Northerly
208.48 fees along said cur~e through a ceneral angle of 129°50~22" to the
beginning of a reverse curve concave to the East having a radius of 25.00
feet, a radial line through said Beginning of a reverse curve bears South
70'56'31" West; thence Noreherly 8.~9 fees along said curve through a
central angle of 19'5~11"; chance Notch 0°51'&2" Ease, 485.69 feeS;
thence Notch 49'2§~51" East, 29.99 fees; thence Soueh 82'00~00" Ease,
252.70 feet to the heg~u~ning of a curve concave to the North having a
radius of 1,045 fees; thence Easesfly 133.81 fees alonB said curve
through a central angle of 7°20~12"; thence South 59'20~12" East, 5.00
feet; thence South 44'20~12" West, 28.28 feet; thence Soueh 0'39~48"
West, 689.75 feet to the true point of heg~n-in$, as described in
Certificate of Compliance recorded July 20, 1984 in Book 5677, Page 1756
of Official Records.
EXCEPT that portion of said land lying within the boundaries of Parcel
Map No. 746~, as recorded November 25, .1986 in Book 33, Page 196 of
Parcel Maps.
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
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 26th day of October, 1995
she posted on the Bulletin Board at City Hall, a full, true and
correct copy of the following: Ordinance No. 3678, passed by the
Bakersfield City Council at a meeting held on the 25th day of
October, 1995, and entitled:
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP 123-
17 BY CHANGING THE ZONING OF 7.27 + ACRES
GENERALLY LOCATED ON THE SOUTHWEST C~-RNER OF
GOSFORDROAD AND DISTRICT BOULEVARD FROM AN R-
2 (LIMITED MULTIPLE FAMILY DWELLING) ZONE TO
AN R-2 CH (LIMITED MULTIPLE FAMILY DWELLING-
CHURCH) ZONE
/s/ CAROL WILLIAMS
City Clerk of the City of Bakersfield
By: