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Home My WebLink AboutORD NO 4121 41 1 ORDINANCE NO. __ AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO. 123-09) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM R-3 (LIMITED MULTIPLE FAMILY DWELLING) TO R-3 (LIMITED MULTIPLE FAMILY DWELLING) WITH A CH (CHURCH) OVERLAY ON 2.71 ACRES AT 3200 GOSFORD ROAD; NORTHEAST CORNER OF GOSFORD ROAD AND SOUTH LAURELGLEN BLVD. (FILE #03-0017) 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 located at 3200 Gosford Road. WHEREAS, by Resolution No. 44-03 on March 6, 2003 the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change 03-0017 as delineated on attached Zoning Map No. 123-09 marked Exhibit "B", 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 R-3 (Limited Multiple Family Dwelling) to R-3 (Limited Multiple Family Dwelling) with a CH (Church) overlay 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 12, 2003 in accordance with CEQA; and WHEREAS, the general plan designation for this area allows residential development, with which the CH (Church) overlay is consistent; and WHEREAS, the City Council has considered and hereby makes the following findings: All required public notices have been given The provisions of the California Environmental Quality Act (CEQA) have been followed. The public necessity, general welfare and good zoning practice justify the requested change of zone from the existing zoning district to R-3 (Limited Multiple Family Dwelling) with a CH (Church) overlay zone. 1 as follows: SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield 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. 123-09 marked Exhibit "B" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "C ". 4. Such zone change is shown on the vicinity map attached as "Exhibit A." 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. 2 the ......... 000 ......... I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by Cg,~ci.J. 0o~f..D~theAl~K;:f zuJ City of Bakersfield at a regular meeting thereof held on by the following vote: AYES: NOES: ABSTAIN: COUNC[LMEMBER ~ ABSENT: COUNCILMEMBER I~-~- COUNClLMEMBER C~C~,~ARSON, BENHAM, MAGGARD, HANSON. SULLIVAN, SALVAGGIO COUNCILMEMBER PAMELA A. McCARTHY, Cl~ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED APR 30 2003 HMAayRoVr EofY t hL; ~Lof ~rsfielO APPROVED as to f~>rm BART J, THILT/G)EN City Attorney// LP/S:~one Change\03-0016\CC ord.WPD 3 ARVIN-EDISON CANAL C..-OSFORD ROAD EXHIBIT B EXHIBIT C JOHN R. WlLE~ON CIVIL ENGINEER BEING A PORTION OF ~l~l~ ~.ST O~ OF SECTION 9, TOWNSI:uP 30 SO~ ~GE 27 EA~, ~. & ~ ON ~ C~ OF ~~, CO~ OF ~, ~A~ OF C~1-~ B~G MO~ P~~Y D~ AS ~L~WS; LOT 18 OF ~ NO. ~O~, ~ ~cO~ED ~ BOOK 29 OF ~, AT PAGE ~, ~ ~ Ov'~ OF T~ ~ CO~ ~CO~E~ ~ BErG MO~ p~~Y DES~ ~ ~OWS; co~N~G AT T~ SO~ ~ OF S~ ~ NO. ~; WAY OF ~ ~~' ~-~~W~ NOR~ ~ 1~' 41~ ~T, A ~N~ ~NG SA~ NOR~ m DIST~CE OF 30.~ ~, TO ~- SO~I'~T CO~ OF ~ ~T 1~ ~O NO~'J'~Y ~G~'1-~F-WAY, ~ ~NG ~ sonY BO~Y OF S~ ~T 1~ NOR~ 8~1~' 41~ ~T, A D~ OF ~0.~ ~ET, TO ~ BEG~G OF A T~GE~ ~, CON~ TO ~ NOR~, ~G A ~ONG ~ BO~Y OF S~ ~T 1~ ~OUGH A ~ ~G~ ~ ~ cam u~y ~G~F-WAY, ~ ~'u ....... ~ T~ ~ s~ ~V I~ ~oa~ ~ ~ ~" ~,,,~-~ ~~OM S~ 400 £ABTON I~R. BUTTE; 13~ HA~''R~c'II~'LD CALIFORNIA 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 1st day of May , 2003 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4121 , passed by the 30th day of April 2003 and Bakersfield City Council at a meeting held on the entitled: AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO. 123-09) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNCIIPAL CODE BY CHANGING THE ZONING FROM R-3 (LIMITED MULTIPLE FAMILY DWELLING) TO R-3 (LIMITED MULTIPLE FAMILY DWELLING) WITH A CH (CHURCH) OVERLAY ON 2.71 ACRES AT 3200 GOSFORD ROAD; NORTHEAST CORNER OF GOSFORD AND SOUTH LAURELGLEN BLVD (FILE 03-0017). Isl PAMELA A. McCARTHY City Clerk of the City of Bakersfield PLANNING COMMISSION OF THE CITY OF BAKERSFIELD MINUT~ES OF MARCH 6, 2003 - 5:30 p.m. ROLL CALL Present: Commissionersl Absent: None City Hall, 1501 Truxtun Avenue Ellison, Gay, McGinnis, Tragish, t 9 / TION Advisory Members: Ginny Staff: Jim Movius Stanley Grady, Marian Shaw, Jack Leonard Townsend 2. PLEDGE OF ALLEGIANCE: PUBLIC STATEMENTS: None CONSENT CALENDAR: 4.1 Non-Public Hearing Items 4.1a /~oproval of minute February 6, 2003. 4.1b Approval of correction to Planning Comn ,f December 19, 2002. 4.1C Approval of General Pla~ Drive in buffer area west of the Kern (City of Bakersfield). (Exempt from CEQA) for vacation of Camino Grande ,rade Sanitary land fill site. 3) Motion was made by Commissioner McGinnis approve the non-public hearing portion of the vote. ded by Commissioner Blockiey, to Motion carried by group 4.2 Public Hearing Items ~ 4.2a) Approval of Vestinq Te~atlve Tract Map 6152 (Porter-Robertson Eng) (~Vard 6) \ Minutes~ PC~ March 6~ 2003 Page 2 Approval of Vestinq Tenta~,e Tract Map 6168 (SmlthTech USA, Inc) 4.2b) 0Nard 2) ~ 4.2c) Approval of Zone Chanqe 03-00~x~SmithTech USA, Inc) (Ward 6) 4.2d) Approval of Vestinq Tentative Trac~167 (SmithTech USA, Inc) (Ward 6) 4.2e) Approval of Zone Chanqe 03-0017 (Dave Cross, Architect) (Ward 5) Public port[on of the hearing opened. Commissioner Tragish requested that item 4.2d be removed from the Consent Agenda. Public portion of the hearing closed. There were no further comments from the public or Commission. Motion was made by Commissioner Tragish, seconded by Commissioner McGinnis, to approve the remaining items on the public hearing portion of the Consent Calendar. Mot[on carried by group vote. PUBL 5.1) Staff stated that there is Public portion of the hearing continuance. Mot[on made by Commissioner Tentative Parcel Map 10948 until A AYES: Commissioner Blockley, NOES: None (Ward 6) from the applicant to continue this item until April 3, 2003. ned. No one spoke either for or against the request for by Commissioner Ellison, to continue item 5.1 Motion carried by the following roll call vote: McGinnis, Tragish, Tkac ABSENT: None 5.2) USA, Inc) 0Nard 4) Staff stated that there is a request from the a this item until April 3, 2003. Public portion of the hearing opened. No one spoke citer for or against the request for ~4°o~tiior~a~ by Commissioner MeG nn s, seconded by Commis~' nar Tragish, to continue item 5.2 Tentativ, e Parcel Map 10949 until April 3, 2003. Motion carried I~..the following roll call vote: AYES: Commissioner BIockley, Ellison, Gay, McGinnis, Tragis~Tkac NOES: None ~ ABSENT: ' None ~