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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. -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. 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 -3- 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