HomeMy WebLinkAboutORD NO 3811ORDINANCE NO. 3 $ I I
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP
NO. 102-35 BY CHANGING THE ZONING OF 3.74 ACRES
GENERALLY' LOCATED AT THE NORTHWEST CORNER
OF STOCKDALE HIGHWAY AND REAL ROAD FROM AN
R-1 (ONE FAMILY DWELLING) TO AN R-1 Ch (ONE
FAMILY DWELLING-CHURCH) ZONE (ZC NO. P97-0549).
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 northwest corner of
Stockdale Highway and Real Road; and
WHEREAS, by Resolution No.85-97 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. P97-0549 of the subject property
from an R-1 (One Family Dwelling) zone to an R-1 Ch (One Family Dwelling-Church)
zone on 3.74 acres as delineated on attached Zoning Map No. 102-35 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 3.74 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 Procedure,,;, 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. 102-35 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.
......... o0o .........
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
DE6 3 1997 , by the following vote:
CITY CLERK and Ex ofrlci~C/lerk of the
Council of the City of Bakersf~ld
APPROVED
MAYOR of the City of Bakersfield
APPROVED as to form:
,JUDY $KOUSEN
CITY ATTORNEY
CARL HERNANDEZ III, DEPUTY CITY ATTORNEY
res\oz0549-cc
JENG/pjt
October 29, 1997
C 2-0
CITY OF BAKERSFIELD
ZONING MAP 102-35
SEC 35 T295 R
LEGEND
EXI-IIBIT 2
DESCRIPTION OF FIRST
CONGREGATIONAL CHURCH PROPERTY
August 11, 1997
Parcel 1 of Parcel Map No. 2915 recorded in Book 13 of Parcel
Maps at Page 106 being more particularly described as follows:
Commencing at a point on the South line of Section 35, Township
29 South, Range 27 East, M.D.M., in the City of Bakersfield, Kern
County, California, from which point the Southeast corner of said
Section bears N89°54'00"E, 1383.70 feet; thence N0°07'30"W, 60.00
feet to the True Point of Beginning; thence continuing
N0°07'30"W, parallel with and 30.00 feet West of, as measured at
right angles to, the centerline of Real Road, 451.29 feet; thence
689°52'30"W, 263.00 feet; thence N0°07'30"W, 209.00 feet; thence
S89°52'30"W, 67.00 feet; thence S0°07'30"E, 660.15 feet; thence
N89°54'00"E, parallel with and 60.00 feet North of, as measured
at right angles to, said South line of Section 35, a distance of
330.00 feet to the True Point of Beginning.
Containing 3.74 acres, more or less.
RICKETT, DELMARTER & DEIFEL
K. Delmarter
k,~RCE#175674/EXP. 6/30/01
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. 3811, passed by the
Bakersfield City Council at a meeting held on the 3rd day of December, 1997, and entitled:
Ordinance arnending Title Seventeen of the Bakersfield Municipal
Code and Zoning Map No. 102-35 by changing the zoning on 3.74
acres generally located at the northwest corner of Stockdale
Highway and Real Road from an R-I (One Family Dwelling) to an
R-I Ch (One Family Dwelling-Church) Zone (ZC No. P97-0549).
/s/ PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
DEPUTY City Clerk