HomeMy WebLinkAboutORD NO 3833ORDINANCE NO. 3 8 3 3
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP
NO. 103-31 BY CHANGING THE ZONING OF 2.38 ACRES
GENERALLY LOCATED AT THE NORTHEAST CORNER
OF FOURTH STREET AND N STREET FROM AN R-3
(LIMITED MULTIPLE FAMILY DWELLING) TO AN R-3-CH
(LIMITED MULTIPLE FAMILY DWELLING-CHURCH)
ZONE (ZC NO. P97-0821).
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 northeast corner of Fourth
Street and "N" Street; and
WHEREAS, by Resolution No. 14-98 on February 19, 1998, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17
of the Municipal Code to approve Zone Change No. P97-0821 of the subject property
from an R-3 (Limited Multiple Family Dwelling) zone to an R-3-Ch (Limited Multiple
Family Dwelling-Church) zone on 2.38 acres as delineated on attached Zoning Map No.
103-31 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-3 (Limited Multiple Family Dwelling) zone to an R-3-Ch (Limited Multiple Family
Dwelling-Church) zone on 2.38 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
January 16, 1998, in accordance with CEQA; and
WHEREAS, the Office of the California Historical Resources Information
System, San Joaquin Valley, submitted correspondence dated December 9, 1997,
stating there are no known cultural resources on the subject property but recommends
that if cultural resources are uncovered during ground disturbance, a qualified
archaeologist be consulted; and
ORIGINAL
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.
2. 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.
A mitigation measure related to cultural resources is proposed to
be adopted to avoid or reduce a potential environmental impact to
a level of less than significance is incorporated into the project as a
condition of approval.
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. 103-31 marked Exhibit "1" attached hereto and made a part hereof, and are
more specifically described in attached Exhibit "2 ", subject to the following condition of
approval:
If during construction activities or ground disturbance,
cultural resources are uncovered, the subdivider shall stop
work and retain a qualified archaeologist for further study.
Developer shall notify the proper authorities and be subject
to any mitigation measures required of the archaeologist.
(Mitigation)
ORIGINAL
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.
......... 000 .........
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
APR 0 $1998 , by the following vote:
AYES: COUNCILMEMBER DeMOND, CARSON, SMITH, McDERMOTt, ROWLES, SULUVAN, SALVAC~GIO
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
Ai~SENT: COUNCILMEMBER .
CITY CLERK and Ex Offici~ Clerk of the
Council of the City of Bakersfield
APPROVED APR O B l~B
BOB PRICE
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY SKOUSEN
CITY ATTORNEY
BY: ~
CARL HERNANDEZ III, ASSISTANT CITY ATTORNEY
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February 27, 1998
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ORIGINAL
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EXI-IBrI' "1'
CITY OF BAKERSFIELD
ZONING MAP
SEC ~,1 '[ 295
LEGEND
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10:3-31
R 28E
EXHIBIT
ZONE CHANGE NO. P97-0821
Legal Description
Being a legal description of Parcels 1 and 2 of Parcel Map No. 6429, as recorded in
Book 28 of Parcel Maps at Page 120, being also a portion of Villa Block "G" of the
Lowell Addition, being also a portion of Section 31, Township 29 South, Range 28 East,
Mt. Diablo Base & Meridan, located in the City of Bakersfield, County of Kern, State of
California, and more particularly described as follows:
Commencing at the centerline intersection of N Street and 4th Street, as shown on said
Parcel Map No. 6429, thence:
(1) North 00°00'00" east 41.25 feet along the centerline of N Street to an angle point,
thence:
(2) North 89°59'17" east 41.25 feet to the southwest corner of said Parcel 1, being also
the TRUE POINT OF BEGINNING of this legal description, thence:
(3) North 00°00'00" east 305.34 feet along the westerly boundary of Parcel 1 to an
angle point, thence:
(4) North 89058'52" east 305.35 feet to an angle point, thence:
(5) South 00o00'09" east 155.38 feet to an angle point, thence:
(6) North 89°59'17" east 89.75 feet to an angle point, thence:
(7) South 00°00'09" east 150.00 feet to the southeast corner of said Parcel 2, thence:
(8) South 89°59'17" west 375.11 feet to the TRUE POINT OF BEGINNING of this legal
description, containing 2.3808 acres of land more or less.
p:z0821-1d
ORIGINAL
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 10th day of ADril ,1998 she posted on the Bulletin Board at City Hall,
a full, true and correct copy of the following: Ordinance No. 3833 , passed by the
Bakersfield City Council at a meeting held on the 8th day of April. 1998, and entitled:
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO.
103-31 BY CHANGING THE ZONING OF 2.38 ACRES
GENERALLY LOCATED AT THE NORTHEAST CORNER OF
FOURTH STREET AND N STREET FROM AN R-E (LIMITED
MULTIPLE FAMILY DWELLING) TO AN R-3-CH (LIMITED
MULTIPLE FAMILY DWELLING-CHURCH) ZONE (ZC NO.
P97-0821 ).
/s/PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
DEPUTY City Clerk
S:\DOCU M EN'IAAOPOSTING
April 10, 1998