HomeMy WebLinkAboutORD NO 3997ORDINANCE NO. ~ 9 9 T
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 123-
35 BY CHANGING THE ZONING FROM R-1 TO R-2 ON 4.8
ACRES LOCATED ADJACENT ON THE EAST SIDE OF STINE
ROAD, JUST SOUTH OF HOSKING AVENUE (FILE# ZC P00-
0691 ).
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 for certain property in the City of
Bakersfield located adjacent on the east side of Stine Road, just south of Hosking Avenue;
and
WHEREAS, by Resolution No. 135-00 on December 21,2000, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve ZC P00-0691 as delineated on attached Zoning Map No. 123-35,
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 R-1 to R-2 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 November
22, 2000, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows R-2 (Limited
Multiple Family Dwelling) development; and
WHEREAS, the City Council has considered and hereby makes the following
findings:
1. All required public notices have been provided.
The provisions of the California Environmental Quality Act have been
met,
The proposed project would not have a significant effect on the
environment.
4. The proposed project is consistent with the surrounding land uses.
The proposed project is consistent with the Metropolitan Bakersfield
2010 General Plan.
Based on the absence of evidence in the record as required by Section
21082.2 of the State of California Public Resources Code (CEQA) for
the purpose of documenting significant effects, it is the conclusion of the
Lead Agency that this project will result in impacts that fall below the
threshold of significance with regard to wildlife resources and, therefore,
must be granted a "de minimis" exemption in accordance with Section
711 of the State of California Department of Fish and Game Code.
Additionally, the assumption of adverse effect is rebutted by the above-
reference absence of evidence in the record and the Lead Agency's
decision to prepare a Negative Declaration for this project.
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.
The Negative Declaration for ZC P00-0691 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.
123-35, 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.
......... 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 February 28, 2001,
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
COUNClLMEMBER I~0 I~c._
COUNCILMEMBER ~1{3 t4 ~-
COUNCILMEMBER /~[ C, ,~ ~=.
CITY CLERK end Ex Offiblo Clerk of the
Council of the City of Bakersfield
2
APPROVED /~
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
BART THILTGEN
City Attorney
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CITY OF BAKERSFIELD
ZONING MAP 123-55
SEC 35 I SOs R. 27[
LEGEND
EXHIBIT
LEGAL DESCRIPTION
FOR
RIDGEVIEW CHURCH OF THE NAZARENE
GENERAL PLAN AMENDMENT/ZONE CHANGE
All that portion of Parcel B of Lot Line Adjustment 393, per Certificate of
Compliance recorded as Document No. 01995087325 in the Office of the County
Recorder, also being a portion of the Northwest Quarter of Section 35, T.30S., R.
27 E., MD.M, in the City of Bakersfield, Sate of California, more padiculady
described as follows:
Commencing at the Northwest comer of said Section 35; Thence South
00°34'42" West along the west line of said Section 35, a distance of 498.77 feet
to the point of beginning;
Thence (1) continuing South 00°34'42" West, a distance of 346.04 feet;
Thence (2) South 89006'25" East, a distance of 660.79 feet;
Thence (3) North 00°34'50 East, a distance of 346.04 feet;
Thence (4) North 89o06'25" West, a distance of 660.80 feet to the 3oint of
beginning.
Contains 5.20 acres more or less.
EXP. 12-,31-03 /
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 29th day of February , 2001 she posted on the Bulletin Board at
City Hall, a full, true and correct copy of the following: Ordinance No. 3997 , passed by
day of February 2001
the Bakersfield City Council at a meeting held on the 28th
and entitled:
ORDINANCE AMENDING TITLE 17 OF THE BAKERSFIELD MUNICIPAL
CODE AND ZONING MAP NO. 123-35 FROM R-1 (ONE FAMILY
DWELLING) TO R-2 (LIMITED MULTIPLE FAMILY DWELLING) ON 4.8
ACRES LOCATED ADJACENT ON THE EAST SIDE OF STINE ROAD,
SOUTH OF HOSKING AVE.
/s/PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
By. ,-~ --~
DEPUTY"City Clerk[
S:\Document\FORMS~AOP.ORD.wpd
February 29, 2001