HomeMy WebLinkAboutORD NO 3991ORDINANCE NO. ~ 9 9 !
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO.124-
08 BY CHANGING THE ZONING FROM AN R-2 (LIMITED
MULTIPLE-FAMILY DWELLING) ZONE TO AN R-2 CH (LIMITED
MULTIPLE-FAMILY DWELLING - CHURCH) ZONE ON 6 1/~
ACRES GENERALLY LOCATED ON THE EAST SIDE OF
LOTUS LANE, APPROXIMATELY 1/4 MILE NORTH OF WATTS
DRIVE (ZONE CHANGE # P00-0695).
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 east side of Lotus Lane, approximately 1/4 mile north of
Watts Drive; within the northeast quarter of Section 8, Township 30 South, Range 28 East,
MDB&M.
WHEREAS, by Resolution No. 117-00 on November 2, 2000, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve Zone Change P00-0695 as delineated on attached Zoning Map No.
124-08 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 declaration of
environmental impact and changes in zoning of the subject property from an R-2 (Limited
Multiple-Family Dwelling) Zone to an R-2 CH (Limited Multiple-Family Dwelling o Church) zone
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 October 2,
2000, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows development of
churches and related facilities development; and
WHEREAS, the City Council has considered and hereby makes the following
findings:
1. All required notices have been given.
2. The provisions of CEQA have been followed.
Based upon an initial study, staff determined the proposed project will
not have a significant affect on 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.
124-08 marked Exhibit "A" attached hereto and made a part hereof, and are more specifically
described in attached Exhibit "B ".
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.
......... 00o .........
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 DEC [ 3 ?000 , by the
following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, OENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER ~J o ~
COUNCILMEMBER ~J o1~1 ~
APPROVED,~, DEC 13 2000
BOB PRICE
MAYOR of the City of Bakersfield
CITY CLERK and Ex Officio Clerk~f the
Council of the City of Bakersfield
APPROVED as to form:
BART THILTGEN
City Attorney
Exhibits: A. Zone Map
B. Legal Description
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CiTY OF BAKERSFIELD
ZONING MAP
SEC 8 T 30S
LEGENO
124-08
R 28E
Parcel 1:
That portion of the SE ¼ of the NE ¼ of Section 8, Township 30 South, Range 28 East,
M.D.M., in the unincorporated area County of Kern, State of California, as per the
Official Plat thereof on file in the Office of the Surveyor General, described as follows:
Beginning at a point on the North line of said SE ¼ of the NE ~A, 240 feet East from the
Northwest comer thereof; thence, South and parallel with the West boundary line of said
SE ¼ of the NE ¼, 186.25 feet; thence, Easterly on a line parallel with the Northerly
boundary line of the SE ¼ of the NE ¼ of said Section, a distance of 414.32 feet to a
point on the line dividing the E ½ from the W ½ of the SE ¼ of the NE ¼ of said Section;
thence, Northerly along said last named line, a distance of 186.25 feet to the point of its
intersection with the Northerly boundary line of the SE ¼ of the NE ¼ of said Section;
and thence, Westerly thereon 414.24 feet to the point of beginning.
Parcel 2:
The South 5 acres of the SW ~A of the NE ¼ of the NE ¼ of Section 8, Township 30
South, Range 28 East, M.D.M., in the unincorporated area, County of Kern, State of
California, as per the Official Plat thereof on file in the Office of the Surveyor General.
EXCEPT the West 20 feet thereof to be used for road purposes.
WI~I~ D./HU'GH~, L.S. 3779 ~
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EXHIBIT B
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 14TM day of December , 2000 she posted on the Bulletin Board at
City Hall, a full, true and correct copy of the following: Ordinance No. 3991., passed by
the Bakersfield City Council at a meeting held on the 13TM day of December 2000
and entitled:
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD
MUNICIPAL CODE AND ZONING MAP NO. 124-08 BY CHANGING THE
ZONING FROM AN R-2 (LIMITED MULTIPLE FAMILY DWELLING) ZONE
TO AN R-2 CH (LIMITED MULTIPLE FAMILY DWELLING-CHURCH) ZONE
ON 6-1/2 ACRES GENERALLY LOCATED ON THE EAST SIDE OF LOTUS
LANE, APPROXIMATELY 1/4 MILE NORTH OF WATTS DRIVE (ZONE
CHANGE P00-0695)
/s/PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
DEPUTY City Clerk
J
S:\Document\FORMS~AOP.ORD.wpd
December 14, 2000