HomeMy WebLinkAboutORD NO 3111ORDINANCE NO. 03111 NEW SERIES
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE BY CHANGING THE
LAND USE ZONING OF THOSE CERTAIN PROPERTIES
IN THE CITY OF BAKERSFIELD LOCATED AT THE
NORTHWEST CORNER OF TERRACE WAY AND SOUTH
"H" STREET FROM AN R-2-D ZONE TO A C-O 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 has held a public hearing on
a petition to change the land use zoning of those certain proper-
ties in the City of Bakersfield located at the northwest corner
of Terrace Way and South "H" Street; 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 a change of zoning of the subject properties from an R-2-D
(Limited Multiple Family Dwelling-Architectural Design) Zone to a
C-O (Commercial and Professional Office) or more restrictive
Zone, and the Council has considered said findings and all appear
to be true and correct; and
WHEREAS, there appears to be no substantial detrimental
environmental impact which could result from the proposed pro-
ject; and
WHEREAS, the City Council has determined after due con-
sideration of said petition and the recommendations of the
Planning Commission herein on file, together with the reasons
advanced at the hearing for a change of zoning of said proper-
ties, that a zoning change should be authorized; and
WHEREAS, the City Council has determined and found that
the proposed zoning is consistent with the General Plan of the
City of Bakersfield.
NOW, THEREFORE, HE 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 properties in said City,
the boundaries of which properties are shown on the map hereto
attached and made a part hereof, as follows:
FROM AN R-2-D (LIMITED MULTIPLE FAMILY
DWELLING-ARCHITECTURAL DESIGN) ZONE TO A
C-O (COMMERCIAL AND PROFESSIONAL OFFICE)
ZONE.
Beginning at the southeast corner of Lot 16
of Section 1, Township 30 South, Range 27 East,
as shown on Map No. 1 of Lands of J.B. Haggin
recorded May 3, 1889, City of Bakersfield,
County of Kern, State of California.
Thence westerly 40.5 feet to the west right-
of-way of South "H" Street and the Point of
Beginning of this description:
Thence continuing Westerly 67.76 feet;
Thence Northerly 150.80 feet;
Thence Easterly 58.26 feet;
Thence Southerly along said right-of-way
approximately 150.80 feet to the Point of
Beginning.
SECTION 2.
This ordinance shall be posted in accordance with the
City charter provisions and shall become effective thirty (30)
days from and after the date of its passage.
.......... o0o ..........
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 properties in said City,
the boundaries of which properties are shown on the map hereto
attached and made a part hereof, as follows:
FROM AN R-2-D (LIMITED MULTIPLE FAMILY
DWELLING-ARCHITECTURAL DESIGN) ZONE TO A
C-O (COMMERCIAL AND PROFESSIONAL OFFICE)
ZONE.
Beginning at the southeast corner of Lot 16
of Section 1, Township 30 South, Range 27 East,
as shown on Map No. 1 of Lands of J.B. Haggin
recorded May 3, 1889, City of Bakersfield,
County of Kern, State of California.
Thence westerly 40.5 feet to the west right-
of-way of South "H" Street and the Point of
Beginning of this description:
Thence continuing Westerly 67.76 feet;
Thence Northerly 150.80 feet;
Thence Easterly 58.26 feet;
Thence Southerly along said right-of-way
approximately 150.80 feet to the Point of
Beginning.
SECTION 2.
This ordinance shall be posted in accordance with the
City charter provisions and shall become effective thirty (30)
days from and after the date of its passage.
.......... 000 ..........
- 2 -
FROM R-2-D TO C-O
~, /(AUALI,
KAl/AL/ER
::.EL £ALFO Dfl
ZC #4634
From R-2-D To C-2
Dr. Fred Mills
RESOLUTION NO. 31-87
RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF BAKERSFIELD
ZONING RESOLUTION AND CERTIFICATE OF
FINDINGS OF FACT IN REGARD TO THE
APPLICATION OF DR. FRED MILLS, TO AMEND
TITLE SEVENTEEN OF THE BAKERSFIELD
MUNICIPAL CODE BY CHANGING THE LAND USE
ZONING OF THOSE CERTAIN PROPERTIES IN THE
CITY OF BAKERSFIELD LOCATED AT THE
NORTHWEST CORNER OF TERRACE WAY AND SOUTH
"H" STREET.
WHEREAS, DR. FRED MILLS filed a written application request-
ing the changing of the land use zoning of those certain
properties in the City of Bakersfield as hereinafter described
and as set forth and designated upon the Zoning Map incorporated
within and made part of Title Seventeen of the Bakersfield
Municipal Code as follows, to-wit:
FROM AN R-2-D (LIMITED MULTIPLE FAMILY
DWELLING-ARCHITECTURAL DESIGN) ZONE TO A C-O
(COMMERCIAL AND PROFESSIONAL OFFICE) OR MORE
RESTRICTIVE ZONE:
Beginning at the southeast corner of Lot 16 of
Section 1, Township 30 South, Range 27 East,
as shown on Map No. 1 of Lands of J.B. Haggin
recorded May 3, 1889, City of Bakersfield,
County of Kern, State of California.
Thence westerly 40.5 feet to the west right-
of-way of South "H" Street and the Point of
Beginning of this description:
Thence continuing westerly 67.76 feet;.
Thence southerly along said right-of-way
approximately 150.80 feet to the Point of
Beginning.
and
-2-
WHEREAS, the Planning Commission, through its Secretary did
set July 2, 1987, at the hour of 5 p.m., in the Council Chamber
of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as
the time and place for a public hearing before said Planning
Commission on said application, and notice of the public hearing
was given in the manner provided in Title Seventeen of the
Bakersfield Municipal Code;
and
WHEREAS, at said public hearing held July 2, 1987, the
request for a change of zone by DR. FRED MILLS was duly heard and
considered, and the Planning Commission found as follows:
The public necessity, convenience, general
welfare, and good zoning practice justify the
change of zone.
The above findings were based on the following facts:
Subject property is undeveloped and contains
9,100 square feet of area.
This application is for the rezoning of sub-
ject property from an R-2-D (Limited Multiple
Family Dwelling-Architectural Design) Zone to
a C-O (Commercial and Professional office) or
more restrictive zone.
The applicant is proposing to build a 2,000
square foot doctor office on the site.
No one appeared in opposition to this proposed
Zone Change.
The proposed change of zone would bring the
zoning into compliance with the Land Use
Element. On January 30, 1980, the land use
designation on the parcels fronting on South H
Street within this block was changed from "low
density residential" to "office".
-3-
After a preliminary environmental assessment,
the staff determined the project would not
have a significant adverse effect on the
environment. A negative declaration was
advertised and posted on June 19, 1987.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF
THE CITY OF BAKERSFIELD as follows:
The Negative Declaration is hereby
approved and adopted.
This proposed amendment to the zoning
ordinance is consistent with the General
Plan.
Said Zone Change, as outlined above, be
and the same is hereby recommended for
approval.
I HEREBY CERTIFY that the foregoing Resolution was passed and
adopted by the Planning Comission of the City of Bakersfield at a
regular meeting thereof held on the 2nd day of July, 1987.
DATED: July 2, 1987
PLANNING COMMISSION OF
THE CITY OF BAKERSFIELD
ting Plan ning/~ec to r
AGENDA
7.2)
STAFF REPORT
PLANNING COMMISSION
Meeting of July 2, 1987
ITEM #
THOSE CERTAIN PROPERTIES IN THE CITY OF BAKERSFIELD
LOCATED AT THE NORTHWEST CORNER OF TERRACE WAY AND SOUTH
H STREET -- AMENDING THE ZONING BOUNDARIES FROM AN
R-2-D (LIMITED MULTIPLE FAMILY DWELLING-ARCHITECTURAL
DESIGN) ZONE TO A C-O (COMMERCIAL AND PROFESSIONAL
OFFICE) OR MORE RESTRICTIVE ZONE. (FILE 4634 DR. FRED
mILLS) (Negative declaration on file)
Subject property is undeveloped and contains 9 100
square feet of area. '
This application is for the rezoning of subject property
from an R-2-D (Limited Multiple Family
Dwelling-Architectural Design) Zone to a C-O (Commercial
and Professional Office) or more restrictive Zone.
The applicant is proposing to build a 2,000 square foot
doctor office on the site.
After a preliminary environmental assessment, the staff
determined the project would not have a significant
adverse effect on the environment. A negative declara-
tion was advertised and posted on June 19, 1987.
This zone change will bring the zoning into compliance
with the Land Use Element which on January 30, 1980, the
land use designation on the parcels fronting on South H
Street within this block was changed from "low density
residential,, to "office".
SUGGESTED ACTION
Motion to approve th~ Negative Declaration and the C-O
Zoning as requested and advertised. Find the proposed
zoning consistent with the Bakersfield Metropolitan Area
General Plan and recommend adoption of same to the City
Council.
~EL RALFO ~.DR
T[RRA CE
tlO'
TOWNSLEY
12.
THOSE CERTAIN PROPERTIES IN THE CITY OF BAKERSFIELD LOCATED AT THE
NORTHWEST CORNER OF TERRACE WAY AND SOUTH H STREET -- AMENDING THE
ZONING BOUNDARIES FROM AN R-2-D (LIMITED MULTIPLE FAMILY
DWELLING-ARCHITECTURAL DESIGN) ZONE TO A C-O (COMMERCIAL AND
PROFESSIONAL OFFICE) OR MORE RESTRICTIVE ZONE. (FILE 4634 - DR. FRED
MILLS)
Subject property is undeveloped and contains 9,100 square feet of area.
The applicant is proposing to build a 2,000 square foot doctor office
on the site.
This zone change will bring the zoning into compliance with the Land
Use Element amended on January 30, 1980. The land use designation on
the parcels fronting on South H Street within this block was changed
from "low density residential" to "office".
Public hearing was opened.
Mr. John Leech represented Dr. Mills.
There was no one present to speak in favor or opposition. Motion to
close was made by Commissioner Milazzo, seconded by Commissioner
Jarrett, and carried.
Motion was made by Commissioner Milazzo, seconded by Commissioner
Jarrett, Commission approved the Negative Declaration and the C-O
Zoning as requested and advertised. Find the proposed zoning consis-
tent with the Bakersfield Metropolitan Area General Plan and recom-
mended adoption of same to the City Council, and carried by the
following roll call vote:
AYES: Commissioners Bjorn, ~ronbeck, Jarreit, Patrick,
Milazzo, Weaver
NOES: None
ABSENT: Commissioner Conn
Afft ' tt! of osltng m:es
STATE OF CALIFORNIA
County of Kern
SS.
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 September 24 , 19 87 , she 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 August 26, , 19 87 , which ordinance
was numbered 03111 New Series, and entitled:
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD ~NDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE BY CHANGING THE
LAND USE ZONING OF THOSE CERTAIN PROPERTIES
IN THE CITY OF BAKERSFIELD LOCATED AT THE
NORTHWEST CORNER OF TERRACE WAY AND SOUTH
"H" STREET FROM AN R-2-D ZONE TO A C-O ZONE.
City Clerk