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
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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