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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