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HomeMy WebLinkAboutORD NO 4509ORDINANCE NO. 4 5 ~ 9 AN ORDINANCE ADOPTING A NOTICE OF EXEMPTION AND AMENDING SECTION 17.06.020 (ZONE MAP NO. 102-19) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM A (AGRICULTURE) AND R-S-1A (RESIDENTIAL SUBURBAN - 1 ACRE MINIMUM LOT SIZE) TO E/CH (ESTATE/CHURCH OVERLAY) ON 3.65 ACRES LOCATED AT THE SOUTHWEST CORNER OF MEACHAM ROAD AND GALLOWAY DRIVE (FILE NO. ZC 07-2273) 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 southwest corner of Meacham Road and Calloway Drive as shown on Exhibit "B"; WHEREAS, by Resolution No. 53-08 on April 3, 2008 the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change 07-2273 as delineated on attached Zoning Map No. 102-19 marked Exhibit "3", 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 A (Agriculture) R-S-1A (Residential Suburban -1 Acre Minimum Lot Size) 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 Notice of Exemption was advertised and posted on March 22, 2008, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows church use; and findings: WHEREAS, the City Council has considered and hereby makes the following 1. All required public notices have been given 2. The provisions of the California Environmental Quality Act (CEQA) have been followed. 3. The public necessity, general welfare and good zoning practice justify the requested change of zone from the existing zoning district to E/CH zone. 4. The overall design of the project, as conditioned, is consistent with the goals and policies of all elements of the general plan. _~ ~., 4~ ~.. i., ~f~,i 5. The conditions of approval, attached hereto as Exhibit "1" are needed to provide for orderly development, and the public health, welfare and safety; and SECTION 1. as follows: NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield All of the foregoing recitals are hereby found to be true and correct. 2. The Notice of Exemption 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. 102-19 marked Exhibit " 3" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "4". 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- ------- ~, :~ ., == f ~> 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 •~~~N~~ 2008 by the following vote: AYE ~ COUNCILMEMBER: S: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: ABSENT: COUNCILMEMBER: BENHAM, WEIR, COCJCH, HAN~ON, SULLIV N, SCRI NV ER PAMELA A. McCARTHY, CMC CITY CLERK and Ex Officio Cle of the Council of the City of Bakersfield APPROVED HARVEY L. HALL Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney By. ~ ~~'L- Exhibits: A. Conditions. B. Location Map. C. Zone Map No. 102-19 D. Zone Change Legal Description Prepared by TJ April 25, 2008\ S:17c~r7eC~het~getyr 2~C17!{~7-137i1C7Z..C-CC.~7C}~: !. ~.J f~ fi n " t' ~ (.~ F ~ 5..= EXHIBIT dAn CONDITIONS OF APPROVAL ZONE CHANGE No. 07-2273 PUBLIC WORKS With construction of the sanctuary, complete curb, gutter and sidewalk for the frontage (if not already constructed). 2. With construction of phase 3 (construction of the 8,000 square foot Sanctuary), pay current sewer connection fees for the entire site, pay current transportation impact fees and pay current median island fees (the fees will be determined at the time of the building permit). 3. Construct improvements based on site plan review and per CUP 02-0453 (Resolution No. 02-24 approved June 11, 2002). CITY ATTORNEY 4. In consideration by the City of Bakersfield for land use entitlements, including but not limited to related environmental approvals related to or arising from this project, the applicant, and/or property owner and/or subdivider ("Applicant" herein) agrees to indemnify, defend, and hold harmless the City of Bakersfield, its officers, agents, employees, departments, commissioners or boards ("City" herein) against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, in any way arising from, the terms and provisions of this application, including without limitation any CEQA approval or any related development approvals or conditions whether imposed by the City, or not, except for CITY's sole active negligence or willful misconduct. This indemnification condition does not prevent the Applicant from challenging any decision by the City related to this project and the obligations of this condition apply regardless of whether any other permits or entitlements are issued. The City will promptly notify Applicant of any such claim, action or proceeding, falling under this condition within thirty (30) days of actually receiving such claim. The City, in its sole discretion, shall be allowed to choose the attorney or outside law firm to defend the City at the sole cost and expense of the Applicant and the City is not obligated to use any law firm or attorney chosen by another entity or party. By TJ \ S:\ZoneChange\yr 2007\07-2273 4/25/2008 ~. ~_ m W M ti N N ti O W C~ Z Q U W Z O N ~~ ~ G F~~a~~~ O Py ~~ r.P?'~ / u ~o ~uaa Avnno~ y rc ~~~ ~ ~ rc ~ ~ K N ~ ~ C I ~ 8 m Z ~ $m ~ W ~ Q~ N ~ N O c~ crj ~ - . ,r. • ~ Q. ~ ~ ~ ~ i = • Y iA w f !! ~n ~~ 3§ a `~ ~ 0 f r " ~ • '_ - tV ~ ~ ~ a s ~ -~ LL~QN R ~`is ri rs'~~ ~S~ KY ~~ ~S =~ ~~~:~ ~ '~ ,m'^ J° ~V ~~~I~ ~ON O~ ~ _Yy ~OyS V Otyt At ~~~ F Yv ~• ;V ~~y `v f' ~ _ ~~ Awa w v~~~~c~L~ S> t a~ e f V , ~i ~Z a bid ~>~~~Y€~=3a~ct~.~~d.~~~~Z.v~~~.$.a:~~i FOCyy)~~ V' ~ i 1 ~~ s 7 VNN WI ~ wi~w t'P~n n ~ j=O~wv~~w r a Q an ~ .. . ~!sss cccs e s CfVVVNC=7SiftCVla$i::s:~r~ O ~• ~~ ~ N _ ~ w or- soy ww~ .w< p ~ ~- O aw • ~ - sr~so arsonrr +. i .~ & i ~ 1 --- 1 ~ ~ n~ 1 ~ ~ ~ _ x ~ ~ CS~ Is8' -~ ~ laj ~ d• ~~~_ ..... _. .. - N ~' - - ~ ~ a .. _._.__J~~i.~ •~ i ~s ~ .Ogf ~ W _ _ i N ~ ~.1 ~~~• $ _ ~ ~. 1 09fgYiA •1 •! ~ ~ iii .. .. ~ ( ~ ~ _~~¢ q,.s ms's 3 v`4i o3 -- ~ ----1 ~$ ~~ .x~~~~ ¢~ y~~~~~QQ It NNnMir ~. ~.-.. _...-. ~~ r~ v~ 3~ ~~~i p~ S S .~..: 1 _ ~'± - ag g ~ ~ j . .~I q ~f~ . ~ ~~ ~ • i A ~ ~ ~OO~~~~~L d. I-..1 ~ f y~~ rimy j ~ 1 ~ ~ ~g i ~i~~~~~ 1 < ~ ~ ~s ~ a - 1 ..._ . _. ~.~... _ .~~~.. '~ .i._«= ~-:. ~~ : _ ~.. -...... , .. ~. __ i~ .~ - W-i•~' .... _ .._ . ~ _ . fat ~~~~~ + " " ruawx sr•ror nn...r • ~. _ ' ~ ZONING MAP 102 ' 19 ,. EXHIBIT '~" ZONE CHANGE. LEGAL DESCRIPTIONS PROPOSED E/CH ZONE (FROM R-S-1A ZONE) ALL THAT PORTION OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 19; TOWNSHIP 29 SOUTH, RANGE 27 EAST, M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS: THE EAST HALF AND THE SOUTHERLY 80.50 FEET OF THE WEST HALF OF PARCEL C OF PARCEL MAP NO. 3117 AS FILED DECEMBER 19, 1975, IN PARCEL MAP BOOK 15 AT PAGE 8 IN THE OFFICE OF THE KERN. COUNTY RECORDER. CONTAINING 1.45 ACRES. PROPOSED E/CH ZONE (FROM A ZONE) ALL THAT PORTION OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 29 SOUTH, RANGE 27 EAST, M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS: ALL OF PARCEL D OF PARCEL MAP N N THE OFF CE OF THEBKE:RN COUNTY PARCEL MAP BOOK 15 AT PAGE 8 RECORDER. _ CONTAINING 2.50 ACRES GROSS. -~yti~~~ S~A~F JON F. I~OEHNf ~ 1 ~t EXP.6 ~ ~O ' ~ L.S. 5791 FOURSOUpREZONECHANGE.pOGJFK/SEPT.12,4007IMAR1B,200S ~~:1'~I~1 Ma,,,rz . l ~ ~ ZooB f_ { t ~~ 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 12th day of June , 2008 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 45 ,passed by the Bakersfield City Council at a meeting held on the 11th day of June, 2008 and entitled: AN ORDINANCE APPROVING A NOTICE OF EXEMPTION AND AMENDING TITLE 17 (ZONE MAP NO 102-19) OF THE MUNICIPAL CODE BY CHANGING THE ZONING FROM A TO R-S-1A TO E/CH ON 3.65 ACRES LOCATED AT THE SOUTHWEST CORNER OF MEACHAM ROAD AND GALLOWAY DRIVE (ZC 07-2273). PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield By: '1~" ~ v~.esL- DEPUTY City Clerk S:\DOCUMENIIFORMSWOP.ORD.wpd 6/11 /2008 ,. OAK</,~ rj' `S'-n .n r O ORlUINAL ORDINANCE NO. 4 5 ~ 9 AN ORDINANCE ADOPTING A NOTICE OF EXEMPTION AND AMENDING SECTION 17.06.020 (ZONE MAP NO. 102-19) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM A (AGRICULTURE) AND R-S-1A (RESIDENTIAL SUBURBAN - 1 ACRE MINIMUM LOT SIZE) TO E/CH (ESTATE/CHURCH OVERLAY) ON 3.65 ACRES LOCATED AT THE SOUTHWEST CORNER OF MEACHAM ROAD AND GALLOWAY DRIVE (FILE NO. ZC 07-2273) POSTED ON (p I Z O~ by City Clerk's Office City of Bakersfield by~ 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 southwest corner of Meacham Road and Calloway Drive as shown on Exhibit "B"; WHEREAS, by Resolution No. 53-08 on April 3, 2008 the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change 07-2273 as delineated on attached Zoning Map No. 102-19 marked Exhibit " 3", 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 A (Agriculture) R-S-1A (Residential Suburban -1 Acre Minimum Lot Size) 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 Notice of Exemption was advertised and posted on March 22, 2008, in accordance with CEQA; and findings: WHEREAS, the general plan designation for this area allows church use; and WHEREAS, the City Council has considered and hereby makes the following 1. All required public notices have been given 2. The provisions of the California Environmental Quality Act (CEQA) have been followed. 3. The public necessity, general welfare and good zoning practice justify the requested change of zone from the existing zoning district to E/CH zone. 4. The overall design of the project, as conditioned, is consistent with the goals and policies of all elements of the general plan. O "=~, ~-. ;rte 1-- ~ i~~ ORI~INA~.