HomeMy WebLinkAboutORD NO 3119ORDINANCE NO. 03119 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 ON THE
SOUTH SIDE OF STOCKDALE HIGHWAY BETWEEN
CHAPALA DRIVE AND SOUTH JENKINS ROAD.
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 on the south side of
Stockdale Highway between Chapala Drive and South Jenkins Road.
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-1 (One
Family Dwelling) Zone to a C-1 (Limited Commercial) 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, 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. 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-1 (ONE FAMILY DWELLING) ZONE TO A
C-1 (LIMITED COMMERCIAL) ZONE:
All that portion of the northwest 1/4 of
Section 2, Township 30 South, Range 26 East,
M.D.B.&M., City of Bakersfield, County of
Kern, State of California, more particularly
described as follows:
Commencing at the northwest corner of said
Section 2;
Thence South 89018'48" East, along the north
line of said Section, 2,587.22 feet;
Thence departing from said north line South
0043'49" West, 89.00 feet to the True Point of
Beginning;
Thence continuing South 0043'49" West, 269.10
feet;
Thence North 89018'48" West, 1,040 feet;
Thence North 0°41'12" East 279.10 feet;
Thence North 45°41'12" East
Thence South 89018'48" East
Thence South 82058'30" East
Thence South 89018'48" East
Thence South 44017'59" East
Point of Beginning.
28.28 feet;
760.22 feet;
90.55 feet;
150.00 feet;
28.28 feet to
the
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 ..........
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 September 16, 1987 , by the
following vote:
ABSENT: C OLh~,, ~,~1~
ABSTAINING: COUNciLMEMBERS:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED September 16, 1987
MAYOR of the City ~f Bakersfield
APPROVED as to form:
/CITY ~TTORNEY of the City of Bakersfield
AJS/meg
O ORD 5
ZC.BOYLAN1
- 3 -
RESOLUTION NO. 36-87
RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF BAKERSFIELD
ZONING RESOLUTION AND CERTIFICATE OF
FINDINGS OF FACT IN REGARD TO THE
APPLICATION OF JAMES BOYLAN, 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 ON THE SOUTH
SIDE OF STOCKDALE HIGHWAY BETWEEN CHAPALA
DRIVE AND SOUTH JENKINS ROAD.
WHEREAS, JAMES BOYLAN filed a written application requesting
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-1 (ONE FAMILY DWELLING) ZONE TO A
C-1 (LIMITED COMMERCIAL) OR MORE RESTRICTIVE
ZONE:
All that portion of the northwest 1/4 of
Section 2, Township 30 South, Range 26 East,
M.D.B.&M., City of Bakersfield, County of
Kern, State of California, more particularly
described as follows:
Commencing at the northwest corner of said
Section 2;
Thence South 89°18'48" East, along the north
line of said Section, 2,587.22 feet;
Thence departing from said north line South
0°43'49" West, 89.00 feet to the True Point of
Beginning;
-2-
Thence continuing South 0°43'49" West,
feet;
Thence North 89°18'48" West,
Thence North 0°41'12" East,
Thence North 45°41'12" East,
Thence South 89°18'48" East,
Thence South 82°58'30" East,
Thence South 89°18'48" East,
Thence South 44°17'59" East,
Point of Beginning.
and
WHEREAS,
set August 6,
of City Hall,
269.10
1,040 feet;
279.10 feet;
28.28 feet;
760.22 feet;
90.55 feet;
150.00 feet;
28.28 feet to the
the Planning Commission, through its Secretary did
1987, at the hour of 5 p.m., in the Council Chamber
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 August 6, 1987, the
request for a change of zone by JAMES BOYLAN was duly heard and
considered, and the Planning Commission found as follows:
The public necessity, convenience,
welfare, and good zoning practice
change of zone.
general
justify the
-3-
The above findings were based on the following facts:
Subject property is rectangular in shape with
1,040 feet of frontage on Stockdale Highway
and contains 7.083 net acres. It is undevel-
oped except for one oil well fitted with a
pump unit which is presently idle.
This property with the proposed commercial
zoning will be developed with a neighborhood
commercial center which will serve residents
in the vicinity both within the newly develop-
ing area of the city located west of Allen
Road and the county residents located north of
Stockdale Highway.
This zone change will bring the zoning into
compliance with the Land Use Element which
depicts this area as "commercial".
No one appeared in opposition to this proposed
zone change.
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 July 24, 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 consistnet with the General
Plan.
Said Zone Change, as outlined above, be
and the same is hereby recommended for
approval.
-4-
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 6th day of August, 1987.
DATED: August 6, 1987
PLANNING COMMISSION OF
THE CITY OF BAKERSFIELD
-~K HKRDISTy, Secretary
///~cting Planning D~rector
STAFF REPORT
PLANNING COMMISSION
Meeting of August 6, 1987
AGENDA ITEM #
7.1)
THOSE CERTAIN PROPERTIES IN THE CITY OF BAKERSFIELD
LOCATED ON THE SOUTH SIDE OF STOCKDALE HIGHWAY BE-
TWEEN CHAPALA DRIVE AND SOUTH JENKINS ROAD - AMENDING
THE ZONING BOUNDARIES FROM AN R-1 (ONE FAMILY DWELLING)
ZONE TO A C-1 (LIMITED COMMERCIAL) OR MORE RESTRICTIVE
ZONE: (FILE 4639 - JAMES BOYLAN) (Negative declaration
on file)
Subject property is rectangular in shape with 1,040 feet
of frontage on Stockdale Highway and contains 7.083 net
acres. It is undeveloped except for one oil well fitted
with a pump unit which is presently idle.
This property with the proposed commercial zoning will
be developed with a neighborhood commercial center which
will serve residents in the vicinity both within the
newly developing area of the city located west of Allen
Road and the county residents located north of Stockdale
Highway.
This zone change will bring the zoning into compliance
with the Land Use Element which depicts this area as
"commercial" .
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 July 24, 1987.
SUGGESTED ACTION
Motion to approve the negative declaration and the C-1
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.
Zone Change
CITY
Excerpt, P1/C Minutes
THOSE CERTAIN PROPERTIES IN THE CITY OF BAKERSFIELD LOCATED ON THE
JENKINS ROAD - AMENDING THE ZONING BOUNDARIES FROM AN R-1 (ONE FAMILY
DWELLING) ZONE TO A C-I (LIMITED COMMERCIAL} OR MORE RESTRICTIVE ZONE:
{FILE 4639 - JAMES BOYLAN)
Subject property is rectangular in shape with 1,040 feet of frontage on
Stockdale Highway and contains 7.083 net acres. It is undeveloped
except for one oil well fitted with a pump unit which is presently
idle.
This property with the proposed commercial zoning will be developed
with a neighborhood commercial center which will serve residents in the
vicinity both within the newly developing area of the city located west
of Allen Road and the county residents located north of Stockdale
Highway.
Public hearing was opened. There was no one present wishing to speak
in opposition. Motion was made by Commissioner Cohn, seconded by
Commissioner Patrick, Commission closed the public hearing.
Commissioner Cohn commented that this project is in an area that
Commission considered another zone change of a similar nature approxi-
mately a half mile to the west and at that time the project came before
Commission and the Commission felt that due to the area it wasn't
appropriate for this same type of zone change. The property that would
be just a half mile to the west and to the north does have that type of
zoning and if the Commission wants to be consistent there is no basis
for allowing this zone change.
Chairperson Weaver commented that this particular piece of property is
already shown as commercial on the General Plan and what is being done
here is bringing the property into conformance with the General Plan.
Commissioner Milazzo disqualified himself due to the fact that the
other zone change has not completed the process through the City
Council and the General Plan amendment.
Commissioner Cohn asked Attorney Saalfield if the project that he men-
tioned is going through an appeal stage before the City Council.
Ittorney Saalfield stated that is going to City Council with the other
segments of the last general plan amendment on August 19th.
Motion was made by Commissioner Bjorn, seconded by Commissioner Patrick,
Commission approved the negative declaration and the C-1 zoning as
requested and advertised~ find the proposed zoning consistent with the
Bakersfield Metropolitan Area General Plan and recommended adoption of
same to the City Council by the following roll call vote:
AYES: Commissioners Bjorn, Jarrett, Patrick,
Weaver
NOES: Commissioner Cohn
ABSTAINED: Commissioner Milazzo
ABSENT: Commissioner Gronbeck
of nstmg
STATE OF CALIFORNIA t 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 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 September 16 , 19 87 , which ordinance
was numbered 03119 New Series, and entitled:
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 ON THE
SOUTH SIDE OF STOCKDALE HIGHWAY BETWEEN
CHAPALA DRIVE AND SOUTH JENKINS ROAD.
City Clerk