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HomeMy WebLinkAboutORD NO 3747ORDINANCE NO. ~ ~ '~ ~ AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP 102-18 BY CHANGING THE ZONING OF 20.19 ACRES GENERALLY LOCATED ON THE NORTHWEST CORNER OF HAGEMAN ROAD AND CALLOWAY 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 corner of Hageman Road and Calloway Drive: and WHEREAS, by Resolution No. 110-96 on December 19, 1996, 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 on 20.19 acres as delineated on attached Zoning Map No. 102-18 marked Exhibit "A", 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 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 November 20, 1996, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows residential development: and findings: WHEREAS, the City Council has considered and hereby makes the following 1. All required notices have been given. 2. The provisions of the California Environmemal Quality Act (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. Based on the absence of evidence in the record as required by Section 21082.2 of the State of California Public Resources Code (CEQA) for the purpose of documenting significant effects, it is the conclusion of the Lead Agency that this project will result in impacts that fall below the threshold of significance with regard to wildlife resources and, therefore, must be granted a "de minimis" exemption in accordance with Section 711 of the State of California Fish and Game Code. Additionally, the assumption of adverse effect is rebutted by the above-referenced absence of evidence in the record and the Lead Agency's decision to prepare a Negative Declaration for this project. 5. The proposed zone change is consistent with the Metropolitan Bakersfield 2010 General Plan. SECTION 1. NOW, THEREFORE, BE IT ORDAINrED 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. 102-18 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 mitigation measure listed in attached Exhibit "C". 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. I CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on ~/~ ~ ~. ~ , by the following vote: CITY CLERK and Ex Offi~i6 Clerk of the Council of the City of Bakersfield APPROVED ~lA~ ,, , . /~ / / BOBPRICE ' MAYOR of the City of Bakersfield APPROVED as to form: JUDY SKOUSEN CITY ATTORNEY res\oz0870cc DR:pjt Jallua~ 2, 1997 0~-~, OZ ITl CITY OF BAKERSFIELD ZONING MAP SEC 18 l~ ;~gu LEGEND 102 -18 EXHIBIT "B" Legal Description Zone Change No. P96-0870 LEGAL DESCRIPTION, A PARCEL OF LAND IN THE CiTY OF BAKERSFIELD. COUNTY OF KI~N. STATE OF CALIFORNIA. BEING A PORTION OF THE SOUTHEAST CORNER OF THE SECTION 18. TOWNSHIP 29 SOUTH. RANGE 27 EAST. MJ}.B. & M.. AND MORE PARTICLJLARY DESCRIBED BI:IOW, COMMENCINO AT THE SOUTHEAST CORNER OF SAID'SECTION 18. SAID CORNER ALSO BEINO THE INTERSECTION OF THE CENTERLINES OF CALLOWAY DRIVE AND HAOEMAN ROAD~ THENCE NORTH 00°35'I1' EAST. 1349.63 FEET ALONO THE EAST LINE OF SAID SECTION 18, THENCE NORTH 89'54'38' WEST. 55.00 I-EEl TO A POINT ON THE WEST RIOHT-OF-WAY OF CALLOWAY DRIVE. WHICH IS THE TRUE POINT OF BEOINNINO; 1 ) SOUTH 00'35'11' WEST. 629.15 FEET, 2 ) SOUTH 01'27%' WEST. 330.04 Ha:h 3 ) SOUTH 05'2T00' WEST. 120.42 FEETs 4 ) SOUTH 00'35'T1' WEST. 180.86 5 ) SOUTH 45'20'17' WEST. 42.24 I-t:i:h 6 ) NORTH 89'54'38' WEST. 290.78 I'T~l:h 7 ) NORTH 89'13'17' EAST. 305.56 8 ) NORTH 00'35'11' EAST. 1294.26 I-L-t:h THENCE 9 ) sOUTH 89'54'38' EAST. TO THE POINT OF BEGINNING. 64~.o0 F~=J CONTAINING AN AREA OF 820.726.35 SQUARE FEET. EXHIBIT "C" Zone Change P96-0870 If during construction or any ground disturbance associated with this project. any cultural resources are unearthed, all work must halt in the area of the £md. A qualified archaeologist shall be called in to evaluate the findings and make any appropriate mitigation recommendations. (Planning-Mitigation) DR:pjt November 20, 1996 p:0870ec AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA ) 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 14th day of March, 1997 she posted on the Bulletin Board at City Hall, a fuII, true and correct copy of the following: Ordinance No. 3747, passed by the Bakersfield City Council at a meeting held on the 12th day of'March, 1997, and entitled: Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map 102-18 by changing the zoning of 20.19 acres generally located on the northwest corner of Hageman Road and Calloway Drive from an R-1 (One Family Dwelling) Zone to an R-1 CH (One Family Dwelling-Church) Zone. /s/ PAMELA A, McCARTHY City Clerk of the City of Bakersfield DEPUTY City Cq~rk . o