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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 cd do5 0 0 / Z' I 0 -N- ~,,,~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