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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 C-I R-I WHIT{[ LANE R-I R-I A CITY OF BAKERSFIELD ZONING MAP 123-18 SEC 18 T 30s R 27e LEGEND [,,~'~]~ PuOHc PaR~s (o) ~ ~4 D~I: S/2~'1~ ~)0~ 3495 ~led fl~8~2 {ZC~3~) c,~ o~ e*.e~s~,(~o 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