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Home My WebLink AboutORD NO 3739OP. VINANCE NO. $ 7 3 9 AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 123~36 BY C~GING TIIE ~ZONING OF 17.30 ACRES GENERALLY LOCATED ON TIlE WEST SIDE OF SOUTH "H" STREET, APPRO ~XEMATELY 600 FEET NORTH OF MCKEE ROAD FROM AN~R-1 (ONE FAMILY DWELLING) ZONE TO AN R-1-CH (ONE FAMILY DWELLINC-CHURCH) ZONE. WI-~REAS, 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 zo ~ning of those certain properties in the City of Bakersfield generally located on the west side ~)f South "H" Street, approximately 600 feet north of McKee Road; and WHEREAS, by Resolution No. 109-96 on November 21, 1996, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve zone change of the subject property from an R-1 (One Family Dwelling) zone to an R-1-CH (One Family Dwelling-Church) zone on 17.30 acres as delineated on attached Zoning Map No. 123-36 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-1 (One Family Dwelling) zone to an R-1-CH (One Family Dwelling-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 25, 1996, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows residential development; and WHEREAS, the City Council has considered and hereby makes the following £mdings: 1. All required public notices have been given. 2. The provisions of CEQA have been followed. x OFIlGINAL 3. 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. 4. 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 m'mimis" exemption in accordance with Section 711 of the State of California Fish and Game Code. Additionally, the assumption of adverse effect is rebutted by the above-referenced absence of evidence in the record and the Lead Agency's decision to prepare a Negative Declaration for this project. 5. Requirements for dedication and improvements along South "H" Street are necessary to provide safe project ingress and egress and safely accommodate arterial traffic volumes. 6. 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. 123-36 marked Exhibit "A" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "B". 4. Such zone change is hereby made subject to the conditions/mitigation measure listed in attached Exhibit "C". SECTION 2. This ordinance shall be posted in accordance with provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. 2 ORIGINAL I HEREBY CERTIFY that the feregoing Ordinance was passed and adopted by the City Council o~ the City of Bakersfield at the regular meeting thereof held on JAN 2 2 1997 , by the following vote: AYES: COUJ~!LMEMgER DeMOND, CARSON, SMITH, McDERMOTT, ROWLES, SULLIVAN, SALV^GGIO ABSEN'E COUNCILMEMBER APPROVED 'JAN 2 2 1997 MAYOR of the Oity of Bakersfield Council of the C ty o'" ~'~f B ~ k ~' '~"~'~,ld'~"""~ - APPROVED as to form: JUDY SKOUSEN CITY ATTORNEY ASSISTANT CITY ATTORNEY Pt~o0825.ORD CITY OF BAKERSFIELD ZONING MAP 123-36 SEC. ~5~ T. 50s R.27E LEGEND KxH£BYT ~'B~ Legal Description Zone Change No. P96-0825 LOT 15 OF SECTION 36, TOWNSHIP 30 SOUTH, RANGE 27 ~EAST, M.D.B.M, IN THE UNINCORPORATED AREA OF THE COUNTY OF KERN, 'STATE OF CALIFORNIA, AS PER THE OFFICIAL PLAT THEREOF ON FILE IN THE OFFICE OF THE SURVEYOR GENERAL, ON MAy 3, 1889. EXCEPTING THEREFROM THAT PORTION OF THE FOLLOWING DESCRIBED PARCEL OF LAND LYING WITHIN SAiD LOT 15. BEGINNING AT THE NORTHSrEST CORNER OF SAID LOT 15; THENCE ALONG THE WEST LINE OF SAID LOT 15, SOUTH 0 DEGREES 36'43' WEST, 535,40 FEET; THENCE ALONG A LINE PARALLEL WITH AND 95 FEET WESTERLY MEASURED AT RIGHT ANGLES FROM THE CENTERLINE OF THE DEPARTMENT OF PUBLIC WORKS SURVEY FROM 2.3 MILES SOUTH OF MCICt'iTRICK ROAD TO MINKLER SPUR, ROAD VI-KER-4-C, SOUTH ll DEGREES 31'00' EAST, 657.50 FEET; THENCE SOUTH 60 DEGREES 52'04' WEST, 159.11 FEET TO THE WEST LINE OF SAID LOT 16; THENCE ALONG LAST SAID WEST LINE AND ITS SOUTHERLY PROLONGATION SOUTH 0 DEGREES 36'43' WEST, 63.81 FEET TO THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION; THENCE ALoNG SAID SOUTH LINE, SOUTH 89 DEGREES 07'$6' EAST 363,51 FEET; THENCE ALONG A LINE PARALLEL WITH AND 95 FEET EASTERLY, MEASURED AT RIGHT ANGLES FROM SAID CENTERLINE NORTH 11 DEGREES 31'00' WEST, 1352,47 FEET TO THE NORTH LINE OF SAID LOT 15; THENCE ALONG SAID NORTH LINE, NORTH 89 DEGREES 09'43' WEST, 79,35 FEET TO THE POINT OF BEGINNING, AS CONVEYED TO THE STATE OF CALIFORNIA IN DEED RECORDED MARCH 16, 1960 IN BOOK 3249, PAGE 76 OF OFFICIAL RECORDS, ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LAND CONVEYED TO A.R. PINHEIRO, ET UX, IN DEED RECORDED APRIL 19, 1960 IN BOOK 3259, PAGE 929 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE WEST LINE OF LOT 16, SAID .POINT BEIN~_~.3.81 FEET NORTH OF THE CENTERLINE OF MCKEE ROAD; THENCE FROM SAiD POINT OF BEGINNING, NORTH 0 DEGREES 36'43' EAST, 721,76 FEET TO A POINT IN THE VIEST LINE OF LOT 15; THENCE SOUTH 11 DEGREES 31' EAST, 657.50 FEET TO A POINT; THENCE SOUTH 60 DEGREES 52'4" WEST, 159.11 FEET TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM 1/2 INTEREST IN AND TO ALL THE ~I.,L.~ GAS AND ~)THER HYDROCARBON SUBSTANCES IN AND UNDER OR THAT MAY BE PRODUCED FROM sAID LAND, AS RESERVED BY MCNEE COMPANY, A CORPORATION, IN DE~D RECORD-Eb.~NOVEMBE~' 1~ 1943 IN BOOK I161, PAGE 428 OF OFFICIAL RECORDS IN THE OFFICE OF THE C~O. UNTY RECORDER OF SAID COUNTY, ALSO EXCEPTING THEREFROM AN U.N~IVIDED 1/4 !NTE. RES_T~i~ ANDTO..A~LI,_,,- _THE OIL .~_ .AS ~,N.D OTHER HYDROCARBON SUBSTANCES' I.N AND UND.ER .O, .R..TH~A~ MAy '.BE _P~R_O.~JCED FR_O.M, S~@ LAND, AS RESERVED BY MANUEL CAPINHA AND MARy CAPINHA HUSBA~. AND WIFE-,.- ,I_N DEEI~ RECORDED MARCH 3, 196~ IN BOOK 3699, PAGE 588 OF OFFICIAL RECORDS~ .... ._.. ~. ALSO EXCEPTING THEREfRoM AS TO AN UNDIVIDED 1/4 INTEREST IN AND TO ALL GAS AND OTHER HYDROCARBON SUBSTANCES IN OR UNDER OR THAT MAY~BE PRODUCED FROM SAID LAND AS RESERVED BY ERNEST J. ANDRESS AND ELLA PAULINE ANDRESS IN DEED RECORDED MARCH 3, 1964 IN BOOK~3~699, PAGE 58~ OR OFFICIAL RECOR6S, .... (CONTINUED NEXT PAGE) Legal Description ZC P96-0825 Page 2 THE EXCi;USIVE RIGHT TO USE THE SURFACE OR ANY PORTION THEREOF, ABOVE A DEPTH OF 500 FEET BELOW THE SURFACE OF SAID LAND FOR THE EXTRACTION AND OR DEVELOPMENT OF OIL, GAS AND OTHER HYDROCARBON SUBSTANCES, WERE CONVEYED TO JOHN VALPREDO, INDIVIDUALLY AND AS TRUSTEE, FROM ELLA PAULINE ANDRESS, A WIDOW, BY QUITCLAIM DEED RECORDED NOVEMBER 4, 1987 IN BOOK 6063, PAGE 2399 OF OFFICIAL RECORDS. AFFECTS A ONE-FOURTH INTERE.S~ IN SAID OIL, GAS AND OTHER HYDROCARBON SUBSTANCES. THE EXCLUSIVE RIGHT TO USE THE SURFACE OF ANY PORTION THEREOF, ABOVE A DEPTH OF 500 FEET BELOW THE SURFACE OF SAID LAND FOR THE EXTRACTION AND OR DEVELOPMENT OF OIL, GAS AND OTHER HYDROCARBON SUBSTANCES, WERE CONVEYED TO JOHN VALPREDO, INDIVIDUALLY AND AS TRUSTEE, FROM MARY CAPINHA, A WIDOW, BY QUITCLAIM DEED RECORDED NOVEMBER 4, 1987 IN BOOK 6063, PAGE 2397 OF OFFICIAL RECORDS. AFFECTS A ONE- FOURTH INTEREST IN SAID OIL, GAS AND OTHER HYDROCARBON SUBSTANCES. : ~;:IlGiNAL EXHIBIT "C" Zone Change P96-0825 At the time of development or division of the property, the property owner shall dedicate for South "H" Street right-of-way purposes a minimum of 70' west of the section line. (Public Works) At the time of development or division of the property, the developer/subdivider will have the option of paying, in lieu of constructing the South "H" Street median island along the full frontage of his site, to the City his share of the costs for the future construction by the City of the full width landscaped median. (Public Works) If during ground disturbance, cultural resources are discovered, developer shall stop work and contact appropriate regulatory agencies, consult with a qualified archaeologist and be subject to the recommendations made by the archaeologist. (Planning - Mitigation) November 5, 1996 p:z0825ec ()F~IGiNAL AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA ) 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 23rd day of January, 1997 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3739, passed by the Bakersfield City Council at a meeting held on the 22nd day of January, 1997, and entitled: AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 123-36 BY CHANGING THE ZONING OF 17.30 ACRES GENERALLY LOCATED ON ~ WEST SIDE OF SOUTH "H" STREET, APPROXIMATELY 600 FEET NORTH OF MCKEE ROAD FROM ANR-1 (ONE FAMILY DWELLING) ZONE TO AN R-1-CH (ONE FAMILY DWELLING-CHURCH) ZONE /s/ PAMELA A. McCARTHY City Cler~ of~i~,'of B akersfield DEPUTY City Clerk