HomeMy WebLinkAboutORD NO 3500ORDINANCE NO. -~ ~ 0 0
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND ZONING
MAP NO. 123-12 BY CHANGING THE ZONING OF 1.68 --.
ACRES GENERALLY LOCATED ON THE NORTH SIDE
OF WILSON ROAD, ONE-HALF BLOCK WEST OF
HUGHES LANE AND EAST OF CALVIN STREET 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 north side of Wilson Road, one-half
block west of Hughes Lane and east of Calvin Street; and
WHEREAS, by Resolution No. 57-92 on September 17, 1992,
the Planning Commission recommended approval and adoption of an ordinance
amending Title 17 of the Municipal Code to approve a zone change of the subject
property from an R-1 (One Family Dwelling) zone to an R-1 CH (One Family Dwelling-
Church) zone as delineated on attached Zoning Map No. 123-12 marked Exhibit "A", by
this Council and this Council has fully considered the findings 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 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
Resolution No. 107-86 have been duly followed by city staff, the Planning Commission
and this Council; and
WHEREAS, a Negative Declaration was advertised and posted on August
27, 1992, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows residential
development; and
WHEREAS, the City Council has considered and hereby makes the
following findings:
1. All required public notices have been given.
2. The provisions of California Environmental Quality Act (CEQA) have
been met through the preparation of an initial study and a negative declaration which
indicate no significant environmental impact will occur as a result of the proposed zone
change.
3. That the proposed Zone Change No. 5370 is consistent with the
Metropolitan Bakersfield 2010 General Plan.
4. A six-foot solid masonry wall will be required adjacent to residential
uses pursuant to Section 17.36.020 H. of the Municipal Code.
WHEREAS, the City Council has determined after due consideration of
said petition and the recommendations of the Planning Commission herein on file,
together with the reasons advanced at the hearing for changes in zoning of said
properties, that the zone changes should be authorized.
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 No. 123-12) 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 the map marked Exhibit "A" attached hereto and made a part hereof, and are more
specifically described in attached Exhibit "B".
4. Such zone change is hereby made subject to the following condition of
approval:
A solid masonry wall constructed at a minimum height of six
feet from highest grade shall be required to separate the
church property from any adjacent property zoned or
designated for residential development (along the west and
north sides of the subject property). This condition shall be
implemented through the site plan review process in
accordance with Section 17.36.020 H. of the Bakersfield
Municipal Code.
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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.
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
u~ C 9 1992 , by the following vote:
AYES; COUNCILMEMBERS: E~,WAP,@$. DeMOND. ~ BRUNNI, PETERSON. McDERMOTT. ~ALVAG610
NOES: COUNCILI~'ILI~dE;~G: ~bnP
ABSENT COUNCILME~,~RS: S~
A~STAIN: COUNCILMEMRERS ~ ~
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
CLARENCE E. MEDDERS
MAYOR of the City of Bakersfield
APPROVED as to form:
. /~/~c'
~ LAWRENCE M. LUNARDINI
CITY ATI'ORNEY of the City of Bakersfield
res\o5370.cc
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ORIG!r';AL
' L J
CITY OF BAKERSFIELD
ZONING MAP 123-12
EXHIBIT "B"
Zone Change No. 5370
FROM AN R-1 (ONE FAMILY DWELLING) ZONE TO AN R-1 CH (ONE
FAMILY DWELLING-CHURCH) ZONE:
All that portion of Lot 12 of the Kern County Sales Map No. 1, of
Lands of J.B. Haggin, filed May 3, 1889 in the office of the Kern
County Recorder as said Lot is shown on the Map of Tract 1833
recorded June 9, 1955 in Map Book 8, at Page 200 in said recorders
office lying in Section 12, T. 30 S., R. 27 E., M.D.M., County of
Kern, State of California, more particularly described as follows:
cowanencing at the Southeast corner of the Northwest Quarter of said
Section 12: thence N 89 55'22" W, along the South line of said
Northwest Quarter a distance of 674.03 feet to a point that
intersects the Southerly prolongation of the East Boundary line of
Lots 152 through 155 of said Tract 1833; thence N 00 04'38" E,
along said Southerly prolongation and said East Boundary Line a
distance of 45.00 feet to the true point of beginning; thence
continuing along said East Boundary Line N 00 04'38" E, a distance
of 238.00 feet to the Northeast Corner of said Lot 152; thence
S 89 55'22" E, along the South Boundary Line of Lots 140 through
Lots 150 of said Tract 1833 a distance of 307.85 feet; thence
S 00 04'38" W, parallel to said East Boundary Line a distance of
238.00 feet to a point of intersection with the North Line of that
certain "Street Right of Way Deed" granted to the City of
Bakersfield by "The Plaza Christian Church of Bakersfield" in the
document recorded September 30, 1975 in Book 4917, at Page 27, of
Official Records in said recorders office; thence N 89 55'22" W,
along said North Line a distance of 307.85 feet to the true point
of beginning.
CONTAINING 1.68 ACRES MORE OR.LESS
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern)
CAROL WILLIAMS,
That she is the
of Bakersfield;
Being duly sworn, deposes and says:
duly appointed, acting and qualified City Clerk of the City
and that on the 16th day of December , 19_92_ she
posted on the Bulletin Board at City Hall,
a full, true and correct copy of
Ordinance No. 3500 , passed by the Bakersfield
meeting held on the 9th day of December , 19 92 ,
the following:
City Council at a
and entitled:
NSAOPD
/s/ CAROL WILLIAMS
CITY CLERK of the City of
BY:DEPU.T~y C~ cl~k
Bakersfield