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Home My WebLink AboutORD NO 3947ORDINANCE NO. 3 9 '~ ? AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAPS NOS. 12;~-08 AND 123-17 BY CHANGING THE ZONING OF 3 ACRES GENERALLY LOCATED NORTHWEST OF WHITE LANE AND PARK VIEW DRIVE FROM AN R-3 (LIMITED MULTIPLE FAMILY DWELLING) ZONE TO AN R-3 CH (LIMITED MULTIPLE FAMILY DWELLING - CHURCH OVERLAY) 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 northwest of White Lane and Park View Drive; and WHEREAS, by Resolution No. 200-99 on November 18, 1999, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve a change from R-3 (Limited Multiple Family Dwelling) zoning to R-3 CH (Limited Multiple Family Dwelling - Church Overlay) zoning, as delineated on attached Zoning Maps Nos. 123-08 and 123-17 marked Exhibit "2", 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 CH (Limited Multiple Family Dwelling- 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 with mitigation was advertised and posted on October 29, 1999, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows High Medium Density Residential development; and WHEREAS, the City Council has considered and hereby makes the following findings: 1. All required notices have been given. 2. The provisions of the California Environmental Quality Act (CEQA) have been followed. 3. Condition(s) of approval as shown on Exhibit "1" are included in the project to mitigate impacts. 4. The proposed zone change is consistent with the Metropolitan Bakersfield 2010 General Plan. 5. Based on the Initial Study and comments received, staff has determined that the proposed project could have a significant effect on the environment. A Negative Declaration was advertised and posted on October 29, 1999. 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 Maps Nos. 123-08 and 123-17 marked Exhibit "2" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "3". 4. Such zone change is hereby made subject to the conditions of approval listed in attached Exhibit "1". SECTION 2. This ordinance shall be posted in accordance with provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. ......... 000 ......... 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 Jill 1 ~ ~.000 , by the following vote: 2 AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO COUNCILMEMBER ~) '~-- COUNCILMEMBER COUNCILMEMBER CITY CLERK and Ex Officio ~;l~rk of the Council of the City of Bakersfie'rd APPROVED JAil 1~, Z000 BOB PRIC~ MAYOR of the Git¥ of Bakersfiold APPROVED AS TO FORM: BART J. THILTGEN City Attorney By: S:\OZC-0692.cc MJM/ November 22, 1999 3 EXHIBIT "1" Zone Change P99-0692 Recommended Mitigation Measures/ Conditions of Approval Jf cultural resources are unearthed during grading and construction activities, all work shall be halted in the area of the find. A qualified archaeologist shall be called in to evaluate the findings and recommend any necessary mitigation measures. Proof of compliance with any recommendations resulting from such evaluation, if required, shall be submitted to the Southern San Joaquin Valley Archaeological Information Center (AIC) at California State University, Bakersfield, and to the City of Bakersfield Development Services Department. All measures recommended by such study shall be completed prior to issuance of grading or construction permits. In the event that human remains are discovered, the County Coroner shall be contacted without delay. MJM S:~p99-0692.ea R.2 0-I- Ill CITY OF OAKERSFt£LD ZONING MAP LEGEND 123-08 R. 27E C~TY OF BAKERSFIELD ZONING MAP 123-17 SEC 17 ll30s R27[ LEGEND EXHIBIT 3 ZONE CHANGE CASE P99-0692 LEGAL DESCRIPTION R-3 (Limited Multiple Family) to R-3 - CH (Limited Multiple Family Dwelling - Church OveHay) Parcel A of Parcel Map Waiver No. 41-88, as per Certificate of Compliance recorded December 22, 1988, in Book 6193, Page 1640, Official Records, described as follows: A portion of the S 1/2 of the SW 1/4 of Section 8, Township 30 South, Range 27 East, M.D.M, and a portion of the N 1/2 of the NW 1/4 of Section 17, Township 30 South, Range 27 East, MD.M, in the City of Bakersfield, County of Kem, State of California, more particulary described as follows: Commencing at the intersection the centefline of White Lane, 110 feet wide and the centerline of Park View Drive, 106 feet wide; thence Northeasterly along the centerline of Park View Drive, North 39°00'00" East, 73.92 feet; thence at right angles North 51 °00'00" West, 45.00 feet to a point on the Westedy line of said Park View Drive, said point being the true point of beginning; thence along a comer cutoff South 83004'49'' West, 27.83 feet to a point on the Northerly line of White Lane, said point being on a curve concave to the Southwest and having a radius of 2005.00 feet, a radial line to said point bears North 37°09'38" East; thence Northwesterly along said Northerly line and said curve through a central angle of 10°52"47" an arc length of 380.72 feet; thence departing said curve and Northerly line North 44°02"41'' East, 404.76 feet to a point on the Southerly line of Mill Oak Run, 76.00 feet wide, said point being a point on a curve concave to the Northeast having a radius of 1498.00 feet, a radial line to said point bears South 51 °45'35" West, thence Southeasterly along said Southerly line and said curve through a central angle of 12°45"35" an am length of 333.60 feet; thence continuing along said Southerly line South 51 °00"00" East, 10.00 feet; thence along a corner cutoff South 06000'00'' East. 28.28 feet to a point on the Westerly line of Park View Drive; thence Southwesterly along said Westerly line South 39°00'00'' West, 278.08 feet to the true point of beginning. S:\P99-O692,1egal_des.wpd 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 13th day of January , 2000 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3947 , passed by the day of January 2000 and Bakersfield City Council at a meeting held on the 12th entitled: An ordinance amending title seventeen of the Bakersfield Municipal Code and zoning Maps Nos.123-08 and 123-17 by changing the zoning of 3 acres generally located northwest of White Lane and Park View Drive from an R-3 (Limited Mulitiple Family Dwelling) zone to an R-3 CH (Limited Multiple Family Dwelling-Church Overlay) zone. /s/PAMELA A. McCARTHY City Clerk of the City of Bakersfield DEPUT~F City ~lerk~ S:\DOCU MENT~AOPOSTING January 13, 2000