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HomeMy WebLinkAboutORD NO 3982ORDINANCE NO. 8 9 8 2 AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO.102-25 BY CHANGING THE ZONING FROM AN R-4 (LIMITED MULTIPLE FAMILY DWELLING) ZONE TO A C-O (PROFESSIONAL OFFICE) ZONE ON 0.74 ACRES GENERALLY LOCATED ON THE HALF BLOCK ON THE EAST SIDE OF "E" STREET BETWEEN 21sT AND 22ND STREETS (#P00-0430) 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 half block on the east side of "E" Street between 21st and 22nd streets; and WHEREAS, by Resolution No.76-00 on August 3, 2000, the Planning Commission recommended approva~ and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change P00-430 as delineated on attached Zoning Map No. 102-25 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 decSaration of environmental impact and changes in zoning of the subject property from an R-4 (Limited Multiple Family Dwelling) Zone to a C-O (Professional Office) Zone on 0.74 acres, and the Council has considered said findings and all appear to be true and correct; and WHEREASI the law and regulations rebating 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 July 12, 2000, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows office development; and WHEREAS, the City Council has considered and hereby makes the following findings: 1. All required notices have been given. been followed. The provisions of the California Environmental Quality Act (CEQA) have 3. Based on the Initial Study, staff has determined that the proposed project could not have a significant effect on the environment. A Negative DecDaration was advertised and posted on July 12, 2000 in accordance with CEQA. 4. Based on review of the availabDe documentation and guidelines of the State Historic Preservation Office and local ordinance, the project would result in a less than significant impact related to cultural resources 5. The public necessity, general welfare and good zoning practice justify the requested change of zone from the existing zoning district to the C-O (Professional Office) Zone. 6. The subject site is designated OC (Office) on the Metropolitan Bakersfield 2010 General Plan. 7. The proposed Zone Change is consistent with the Metropolitan Bakersfield 2010 Genera~ Plan. as follows: SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield 1. AD~ 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. 102-25 marked Exhibit "A" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "B." SECTDON 2. This ordinance shall be posted in accordance with the Bakersfield Municipal Code and shah become effective not ~ess than thirty (30) days from and after the date of its passage. ......... o0o ......... by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, GREEN, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER APPROVED ,~EP ~7 ~000 ,,o.,; iC~'.,~/',;''' ~ MAY ~OR~Io(f the City of Bakersfield APPROVED as to form: BART THILTGEN City Attorney By: ~ Carl Hernandez, Deputy City Attorney Exhibits: A. Zone Map B. Legal Description S;~ZoneChange~430\cc\Ord-CC ,wpd August 24, 2000 N ,,-4 N 0 "~Z CITY OF BAKERSFIELD ZONING MAP iO2~25 SEC25 ~ 29s R,27~ LEGEND EXHIBIT "B'' ZONE CHANGE LEGAL DESCRIPTION PROPOSED C-O ZONE (FROM R-4 ZONE~ LOTS 11, 12.13, 14, 15, 16.17. 18, 19. AND 20 OF BLOCK 198 OF THE CITY OF BAKERSFIELD AS PER THE MAP OF THE CITY OF BAKERSFIELD RECORDED NOVEMBER 25, 1898 IN MAP BOOK 1 AT PAGES 13 AND 14 IN THE OFFICE OF THE KERN COUNTY RECORDER. CONTAINING 32,208 SQUARE FEET, MORE OR LESS. AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) SS. County of Kern ) PAMELA A. MCCARTHY, being dugy sworn, deposes and says: That she is the duly appointed, acting and quaBified City CBerk of the City of Bakersfie~d; and that on the 28TM day of September , 2000 she posted on the Bulletin Board at City Hall a full, true and correct copy of the folBowing: Ordinance No. 3982 , passed by the BakersfieBd City Council at a meeting held on the 27TM day of Sel~tember 2000 and entitled: AN ORD]NANCE AMENDJ NG TBTLE SEVENTEEN OF THE BAKERSFI ELD MUNICIPAL CODE AND ZONING MAP NO. 102-25 BY CHANGING THE ZONING FROM AN R-4 (LIMITED MULTIPLE FAMILY DWELLING) ZONE TO A C-O (PROFESSIONAL OFFICE) ZONE ON 0.74 ACRES GENERALLY LOCATED ON THE HALF BLOCK ,C)N THE EAST SIDE OF "E" STREET BETWEEN 21sT AND 22ND STREETS (P00-0430). /s/PAMELA A. MCCARTHY City Qerk of the City of Bakersfield DEPUTY~City Clerk ~ S:\DocumenfiFORMS~AOP.ORD.wpd September 28, 2000