HomeMy WebLinkAboutORD NO 3894ORDINANCE NO. S 8 9 z.~
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO.
123-18 BY CHANGING THE ZONING ON 4.9 ACRES LOCATED
ON THE NORTHWEST CORNER OF CAMPUS PARK DRIVE
AND ALMADEN DRIVE FROM AN R-1 (ONE FAMILY
DWELLING) ZONE TO AN R-1-CH (ONE 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 northwest comer of Campus Park Drive and Almaden
Drive; and
WHEREAS, by Resolution No. 35-99 on March 4, 1999, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve Zone Change No. P99-0011 of the subject property from an R-1
(One Family Dwelling) zone to an R-1-CH (One Family Dwelling - Church) zone on 4.9 acres
as delineated on attached Zoning Map No. 123-18 marked Exhibit "1", 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-1 (One Family
Dwelling) zone to an R-1-CH (One Family Dwelling - Church) zone on 4.9 acres 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 and posted on February 8,
1999, in accordance with CEQA; and
WHEREAS, the general plan designation and policies allow CH (Church) zoning
in combination with residential zoning; and
findings:
WHEREAS, the City Council has considered and hereby makes the following
1. All required public notices have been given.
2. The provisions of CEQA have been followed.
3. Based on an Initial Study, staff determined the proposed project will not
significantly affect 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.
123-18 marked Exhibit "1" attached hereto and made a part hereof, and are more specifically
described in attached Exhibit "2 ".
SECTION 2.
This ordinance shall be posted in accordance with the Bakersfield Municipal
Code and shall become effective not less than 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
APR 2 8 1.999 , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER or~>.
CITY CLERK and Ex Officio Clerl~ t e
Council of the City of Bakersfield h
APPROVED APR 281999
MAYOR of the City of Bakersfield
APPROVED as to form:
BY:
CARL HERNANDEZ III, ASSISTANT CITY ATTORNEY
2
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WHIT{[ LANE
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CITY OF BAKERSFIELD
ZONING MAP 123-18
SEC 18 T 30s R 27e
LEGEND
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EXHIBIT 2
DESCRIPTION OF CHURCH SITE
AT NORTHWEST CORNER OF
CAMPUS PARK DRIVE AND
ALMADEN DRIVE
BEING A PORTION OF PARCEL "B" OF PARCEL MAP WAIVER NO. 16-93 AS
PER CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 22, 1993 IN
BOOK 6961, PAGE 1417, OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY
RECORDER OF THE COUNTY OF KERN, STATE OF CALIFORNIA, AND BEING
IN THE CITY OF BAKERSFIELD IN SECTION 18, TOWNSHIP 3 0 SOUTH, RANGE
27 EAST, M.D.M., AND BEING MORE PARTICULARLY DESCRIRED AS
FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF
CAMPUS PARK DRIVE WITH THE SOUTHERLY EXTENSION OF THE WEST
LINE OF ALMADEN DRIVE AS SAID INTERSECTION IS SHOWN ON SHEET 3
OF 3 OF TRACT NO. 5666 PHASE II AS FILED IN BOOK 41 OF MAPS, PAGE 178
IN SAID COUNTY RECORDERS OFFICE; (SAID POINT IS ALSO THE
SOUTHWEST CORNER. OF SAID TRACT NO. 5666 PHASE ll);
THENCE NORTH 00o ,14' 2T' EAST ALONG THE WEST LINE OF SAID
ALMADEN DRIVE (AND IT'S SOUTHERLY EXTENSION) AND THE EAST LINE
OF AFORESAID PARCEL "B" A DISTANCE OF 305.23 FEET;
THENCE THE FOLLOWING COURSES ALONG THE BOUNDARY OF SAID
PARCEL "B', NORTH 89° 15' 33" WEST A DISTANCE OF 164.23 FEET;
THENCE SOUTH 84° 12' 11" WEST A DISTANCE OF 213.17 FEET TO A POINT
ON A 92.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHWEST AND
FROM WHICH POINT THE RADIUS POINT OF SAID CURVE BEARS NORTH 69°
20' 13" WEST;
THENCE NORTHWESTERLy ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 129° 50' 22" A DISTANCE OF 208.48 FEET TO THE BEGINNING OF A
25.00 FOOT RADIUS REVERSE TANGENT CURVE CONCAVE TO THE NORTH;
THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
19° 55' 11' A DISTANCE OF 8.69 FEET;
THENCE NORTH 89° 15' 24" WEST A DISTANCE OF 130.14 FEET TO A 20.00
FOOT RADIUS TANGENT CURVE CONCAVE TO THE NORTHEAST;
THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 90° 00' 00" A DISTANCE OF 31.42 FEET;
THENCE LF-AVING SAID BOUNDARY LINE OF PARCEL "B", NORTH 89° 15' 24"
WEST A DISTANCE OF 30.00 FEET; THENCE SOUTH 00o 44' 36" WEST A
DISTANCE OF 375.95 FEET TO THE BEGINNING OF A 500.00 FOOT RADIUS
TANGENT CURVE CONCAVE TO THE EAST;
THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CEN'IRAL ANGLE
OF 4° 21' 21" A DISTANCE OF 38.01 FEET;
THENCE SOUTH 03° 36' 45 "EAST A DISTANCE OF 69.70 FEET TO A POINT ON
A 2000.00 FOOT RADIUS CURVE CONCAVE TO THE NORTH AND FROM
WHICH POINT THE RADIUS POINT OF SAID CURVE BEARS NORTH 03° 36' 46"
WEST SAID POINT IS ALSO ON THE ~ OF SAm CAMPUS PARK
DRIVE AND ON THE SOLrI~ LINE OF SAID PARCI~ "B';
THENCE EASTERLY ALONG SAID CURVE (AND SAID CENTERLI~E AND
SAD SOUTH LINE THE FOLLOWING COURSES) THROUGH A CENTRAL
ANGLE OF 2° 1 I' 03" A DISTANCE OF 76.24 FEET;
THENCE NORTH84° 12' ll"EAST ADISTANCE OF 404.91 FEET TO THE
BEGINNING OF A 2000.00 FOOT RADIUS TANGENT CURVE CONCAVE TO THE
SOUTI-~
THENCE EASTERLY ALONG SAD CURVE THROUGH A CENTRAL ANGLE OF
5° 40' 32" A DISTANCE OF 198.11 FEET TO THE POINT OF BEGINNING.
CONTAINING 5.84 ACRES GROSS MORE OR I-F-SS.
.'~ No. ;~S. 3707
41~(~7..~00
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SS.
County of Kern )
PAMELA A. MCCARTHY, 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 29th
day of April , 1999 she posted on the Bulletin Board at City Hall,
a full, true and correct copy of the following: Ordinance No. 3894
Bakersfield City Council at a meeting held on the 28th day of
entitled:
, passed by the
April 1999 , and
AN ORDINANCE AMENDING TITLE 17 OF THE BAKERSFIELD
MUNICIPAL CODE AND ZONING MAP NO. 123-18 BY CHANGING THE
ZONING ON 4.9 ACRES, LOCATED ON THE NORTHWEST CORNER OF
CAMPUS PARK DRIVE AND ALMADEN DRIVE FROM A ONE FAMILY
DWELLING ZONE TO A ONE FAMILY DWELLING-CHURCH ZONE.
/s/PAMELA A. MCCARTHY
City Clerk of the City of Bakersfield
By: ~/~-~:~-,
DEPUTY City Cle~
S:\DOCUMENT~AOPOSTING
April 29, 1999