HomeMy WebLinkAboutORD NO 4932ORDINANCE NO. 4 9 3 2
AN ORDINANCE OF THE BAKERSFIELD CITY COUNCIL
APPROVING AN AMENDMENT TO TITLE 17 OF THE BAKERSFIELD
MUNICIPAL CODE TO CHANGE THE ZONE DISTRICT LOCATED
AT 8801 SOUTH 'H' STREET, ALSO BEING THE NORTHWEST
CORNER OF MCKEE ROAD AND SOUTH 'H' STREET (ZC NO. 17-
0161).
WHEREAS, John Wilson LLC, representing the property owner, Greenfield
Assembly of God Liberty Christian Center, filed an application with the City of
Bakersfield Community Development Department requesting to change the zone
district from R-1 (Single -Family Dwelling) to R -1 -Ch (Single -Family Dwelling Church) on
approximately 9.7 acres located at 8801 South 'H' Street, also being the northwest
corner McKee Road and South 'H' Street, as shown in attached Exhibit 'A," (the
"Project'); and
WHEREAS, the Planning Commission held a public hearing on February 1 and 15,
2018, and approved Resolution No. 11-18, which recommended that the City Council
approve the Project; and
WHEREAS, the City Council has adopted a Mitigated Negative Declaration for
the Project; and
WHEREAS, the City Council considered all facts, testimony, and evidence
concerning the Project, including the staff report, Mitigated Negative Declaration and
the Planning Commission's deliberation, and action; and
WHEREAS, the Project is consistent with the Metropolitan Bakersfield General Plan
SECTION 1.
NOW, THEREFORE, BE IT ORDAINED by the Bakersfield City Council as follows:
1. The above recitals, incorporated herein, are true and correct.
2. The Planning Commission's findings as contained in its Resolution No. 11-18
are hereby adopted.
3. The Project is subject to mitigation measures found the adopted Mitigated
Negative Declaration for the Project.
4. The Project is hereby approved and incorporating the change into the
official zoning map as described in Bakersfield Municipal Code Section
17.06.020 located on the map as shown in Exhibit A and as specifically
described in Exhibit B, all of which are incorporated herein.
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SECTION 2.
This ordinance must be posted in accordance with the Bakersfield Municipal
Code and will become effective not less than 30 days from and after the date of its
passage.
I HEREBY CERTIFY that the foregoing Ordinance was passed andgdfy}%d by the
Council of the City of Bakersfield at a regular meeting held on AYK T 1 LU ,
by the following vote:
AYES: COUNCILMEMBER: GONZALES, WEIR, SMITH. FREEMAN, SULLIVAN, PAROER
N E COUNCILMEMBER: NPC
ABSTAIN: COUNCILMEMBER:
SE . COUNCILMEMBER:
CHRISTOPHER ERRY,
ACTING CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
APPROVED /APR 1 1 1018
`.KAREN GOH
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By:
RICHARD IGER
Deputy City Attorney
Exhibits: A Zone Change Map
B Legal Description
By: jeng\ S:\ZoneChange\yrX17\I7-0161 (Church) \CC\ I streading\2_Ord\ZC 17-0161 CC ZC Ordinance.docx
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ORIGINAL
ZC
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LEGEND
EXHIBIT A - (ZONE DISTRICTS)
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EXHIBIT B
LEGAL DESCRIPTION
APN 514.030.13
BEING A PORTION OF LOT 16 OF SECTION 36, TOWNSHIP 30 SOUTH, RANGE 27 EAST,
MOUNT DIABLO MERIDIAN, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF
CALIFORNIA, AS PER KERN COUNTY LAND COMPANY SALES MAP FILED IN THE OFFICE
OF THE COUNTY RECORDER ON MAY 3, 1889, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS;
COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 36, SAID POINT ALSO
BEING THE POINT OF INTERSECTION OF THE CENTERLINE OF THE 60 -FOOT WIDE
MCKEE ROAD, AND THE CENTERLINE OF THE 60 -FOOT WIDE SOUTH 'H' STREET
(FORMERLY KERN ISLAND ROAD); THENCE ALONG A LINE PARALLEL WITH THE
SOUTHERLY LINE OF SAID LOT 16, NORTH 89° 09'43" WEST, A DISTANCE OF 30.00 FEET;
THENCE ALONG A LINE PARALLEL TO THE EASTERLY LINE OF SAID LOT 16, NORTH 00-
36' 43" EAST, A DISTANCE OF 30.00 FEET, TO THE TRUE POINT OF BEGINNING, SAID
POINT OF BEGINNING ALSO BEING THE SOUTHEAST CORNER OF SAID LOT 16; THENCE
ALONG THE WESTERLY RIGHT-OF-WAY OF SAID SOUTH 'H' STREET, AND THE
EASTERLY LINE OF SAID LOT 16, NORTH 00° 36' 43" EAST, A DISTANCE OF 430.00 FEET;
THENCE DEPARTING SAID EASTERLY LINE AND PARALLEL WITH THE NORTH LINE OF
SAID LOT 16, NORTH 89° 09' 43" WEST, A DISTANCE OF 1025.52 FEET, TO A POINT ON
THE EASTERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY VI4(ER-4-C, AS CONVEYED TO
THE STATE OF CALIFORNIA BY DEED RECORDED MARCH 16, 1960, IN BOOK 3249, AT
PAGE 73, OFFICIAL RECORDS; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE,
SOUTH 11° 31' EAST, A DISTANCE OF 440.58 FEET, TO THE SOUTH LINE OF SAID LOT 16;
THENCE ALONG SAID SOUTH LINE, AND PARALLEL TO SAID NORTH LINE OF LOT 16,
SOUTH 89° 09' 43" EAST, A DISTANCE OF 93295 FEET, TO SAID SOUTHEAST CORNER OF
SAID LOT 16, ALSO BEING THE TRUE POINT OF BEGINNING.
CONTAINING APPROXIMATELY 9.7 ACRES. ,
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern )
CHRISTOPHER GERRY, 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 the 1111 day of April' 2018 he posted on the Bulletin Board at City Hall, a full,
true and correct copy of the following: Ordinance No.4932 passed by the Bakersfield
City Council at a meeting held on the 11'h day of April. 2018 and entitled:
AN ORDINANCE OF THE BAKERSFIELD CITY COUNCIL APPROVING AN AMENDMENT
TO TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE TO CHANGE THE ZONE DISTRICT
LOCATED AT 8801 SOUTH 'H' STREET, ALSO BEING THE NORTHWEST CORNER OF
MCKEE ROAD AND SOUTH 'H' STREET (ZC NO.17-0161)
CHRISTOPHER GERRY
Acting City Clerk and Ex Officio of the
Council of the City of Bakersfield
S. DOCUMENTFORMSWORORD.wpd