HomeMy WebLinkAboutORD NO 3810ORDINANCE NO. ~ R ~ 0
AN ORDINANCE AM£NDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP
NO. 102-15 BY CHANGING THEE ZONING ON 2.01
ACRES GENERALLY LOCATED AT THE SOUTHEAST
CORNER OF FRUITVALE AVENUE AND OLIVE SPRINGS
DRIVE FROM AN R-1 (ONE FAMILY DWELLING) TO AN
R-1 Ch (ONEE FAMILY DWELLING-CHURCH) ZONE (ZC
NO. P97-0553).
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 at the southeast corner of
Fruitvale Avenue and Olive Springs Drive; and
WHEREAS, by Resolution No.86-97 on October 16, 1997, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17
of the Municipal Code to approve Zone Change No. P97-0553 of the subject property
from an R-1 (One Family Dwelling) zone to an R-1 Ch (One Family Dwelling-Church)
zone on 2.01 acres as delineated on attached Zoning Map No.102-15 marked Exhibit
"1", 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
on 2.01 acres 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
September 24, 1997, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows church
development; and
WHEREAS, the City Council has considered and hereby makes the
following findings:
1. All required public notices have been given.
The provisions of CEQA have been followed.
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.
The proposed zone change is consistent with the Metropolitan
Bakersfield 2010 General Plan.
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
Map. No. 102-15 marked Exhibit "1" attached hereto and made a part hereof, and are
more specifically described in attached Exhibit "2 ".
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.
......... O00 .........
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
D~ ~ 1997 , bythe following vote:
C I~TY C~L EI~K~a n d~-~x~OO (~2o C I~k o f the
Council of the City of Bakersfield
2
APPROVED BEg $ '
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY SKOUSEN
CITY ATTORNEY
CARL HERNANDEZ III, DEPUTY CITY ATTORNEY
res\oz0553-cc
JENG/pjt
October 29, 1997
3
EXHIBIT 2
LEGAL DESCRIPTION
ZONECHANGEAPPLICATION
All that portion of Section 15, T. 29 S., R. 27 E., M.D.B.& M. In the City of Bakersfield, County
of Kern, State of California, described as follows:
Commencing at the west quarter corner of said Section 15; Thence South 89o59'39- East,
55.00 feet to the True Point of Beginning;
Thence 1) North 00o00'21- East, 77.41 feet;
Thence 2) North 45o26'24- East, 28.50 feet;
Thence 3) South 89o07'34- East, 284.71 feet;
Thence 4) South 00o00'21 - West, 288.33 feet;
Thence 5) North 89o07'34- West, 305.00 feet;
Thence 6) North 00o00'11" East, 190.62 feet to the True Point of Beginning.
Containing 87,733 Square Feet, (2.01 Acres) More or Less.
R-I-CH
CITY OF BAKERSFIELD
ZONING MAP IO2-15
SEC 15 T 29S R 27E
I EGEND
E~I]I~]T 2
SUBJECT PROPERTY
APPLICATION FOR ZONE CHANGE
CL INT. FRUITVALE
AVENUE &: OLIVE
SPRINGS DR. PER
TR. NO. 5018-"B"
M.B. 38, PG 47 _
N45'56'24"E
28.50' ~'-
w 1/4 coR SEC. '- _.
15 29/27 PER ~ ~-,
SALES MAP COP' 2 ,o,
PER FILED MA~J O. ! cq
BK. 6, PG. 48;
. S895939 E_J ~.,-
55.00' c5 o
,-o
O
Z
°l
g
55' 55'
PARCEL £ OF
PARCEL MAP NO. 8549
P.M. BK. 35, PG. 67
S89'07'54"E
284.71'
SUBJECT PROPERTY
2.01 ACRES
S89'07'54"E 505.00'
REMAINDER OF PARCEL 3
OF PARCEL MAp NO. 8549
P.M. BK. 35, PG. 67
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~,,,~KERN COUNTY SURVEYOR'S
MONUMENT PER FILE MAP
16-7, 29-27-15, M-1
SCALE:
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 4th day of December, 1997 she posted on the Bulletin Board at City Hall,
a full, true and correct copy of the following: Ordinance No. 3810, passed by the
Bakersfield City Council at a meeting held on the 3rd day of December, 1997, and entitled:
Ordinance amending Title Seventeen of the Bakersfield Municipal
Code and Zoning Map No. 102-15 by changing the zoning on 2,01
acres generally located at the southeast corner of Fruitvale
Avenue and Olive Springs Drive from an R-1 (One Family Dwelling)
to an R-I Ch {One Family Dwelling-Church) Zone (ZC No. P97-0553)
Is/ PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
DEPUTY City Clerk