HomeMy WebLinkAboutORD NO 3653ORDINANCE NO. ~ 6 5 3
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND ZONING
MAP 104-20 BY CHANGING THE ZONING OF 2.11
ACRES GENERALLY LOCATED ON THE EAST CORNER
OF KERN CANYON ROAD (STATE ROUTE 184) AND
MESA MARIN DRIVE FROM AN R-1 (ONE FAMILY
DWELLING) ZONE TO A C-I (NEIGHBORHOOD
COMMERCIAL) ZONE.
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 corner of Kern Canyon Road
(State Route 184) and Mesa Marin Drive; and
WHEREAS, by Resolution No. 29-95 on April 20, 1995, 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 a C-1 (Neighborhood Commercial) zone as delineated on
attached Zoning Map No. 104-20 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 a C-1 (Neighborhood Commercial) 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 with mitigation was advertised and
posted on March 24, 1995, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows commercial
development; and
WHEREAS, the City Council has considered and hereby makes the
following findings:
1. All required public notices have been given.
The provisions of CEQA have been followed.
3. The proposed zone change is consistent with the Metropolitan
Bakersfield 2010 General Plan.
4. Based upon an Initial Study, staff determined the proposed project
could not have a significant effect on the environment. A Negative Declaration was
advertised and posted on March 24, 1995, in accordance with the California
Environmental Quality Act (CEQA).
5. Conditions of approval attached to the project as Exhibit "C", are
included in the project to mitigate potential impacts on traffic.
SECTION 1.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
Bakersfield as follows:
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. 104-20 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 condition of
approval 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.
......... O00 .........
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I HEREBY CERTIFY that the foregoing Ordinance was passed and
adopted by the Council of the C_i~ of Bakersfield at a regular meeting thereof held on
30N 2 $ ~ , by the following vote:
AYES; COUNCILMEMBER DeMOND, CARSON, SMITH, McDERMOTI', ROWLES, (ff~W-, SALVAGGIO
NOES: COUNCILMEMBER
~\BSTA,N: COUNCILMEMBER
%~ENT: COUNCILMEMBER
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED Jt~N ~ 8 ~
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY SKOUSEN
CITY ATTORNEY
ASSISTANT CITY ATTORNEY
DR:pit
April 27, 1995
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3
C-2
CiTY OF BAKERSFIELD
ZONING MAP 104-20
SEC. 20 T 29s R ~9~
LEGEND
EXHIBIT "B"
Zone Change No. 5615
Legal Descrition
FROM R-1 TO C-l:
ALL THAT PORTION OF PARCEL 4 OF PARCEL MAP NO. 2465 PER MAP
RECORDED IN PARCEL MAP BOOK 13, PAGE 105 IN THE OFFICE OF THE KERN
COUNTY RECORDER ALSO BEING IN A PORTION OF SECTION 20 TOWNSHIP 29
SOUTH, RANGE 29 EAST, M.D.M., KERN COUNTY CALIFORNIA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL 4; TEENCE
S 0°40'll"W, 1220.30 FEET ALONG THE EAST LINE THEREOF TO THE TRUE
POINT OF BEGINNING:
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
N 89°19'49" W, 920.27 FEET;
S 82"13'40" W, 81.76 FEET;
S 72"09'14" W, 82.39 FEET;
S 59°26'21" W, 116.88 FEET;
S 46"58'36" W, 30.00 FEET;
N 43"01'24" W, 170.06 FEET TO THE WEST LINE OF
SAID PARCEL 4;
THENCE (7)
ALONG SAIDWEST LINE, N 0°35'52" E, 52.26 FEET;
THENCE (8)
DEPARTING SAID WEST LINE, S 89"19'49" E,
1318.45 FEET TO SAID EAST LINE OF PARCEL 4;
THENCE (9)
S 0"40'11" W, 55.73 FEET TO THE TRUE POINT OF
BEGINNING;
CONTAINING 2.11 ACRES
EXHIBIT "C"
Conditions of Approval
Zone Change 5615
No more commercial square footage than what was specified in the traffic study
for Zone Change 5546 (187,000 square feet of commercial uses) will be allowed
in the expanded commercial area resulting from Zone Change 5615 without
revision to the traffic study.
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SS.
County of Kern )
CAROL WILLIAMS, 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 3rd day of July, 1995 she
posted on the Bulletin Board at City Hall, a full, true and correct
copy of the following: Ordinance No. 3653, passed by the
Bakersfield City Council at a meeting held on the 28th day of June,
1995, and entitled:
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP 104-
20 BY CHANGING THE ZONING OF 2.11 ACRES
GENERALLY LOCATED ON THE EAST CORNER OF KERN
CANYON ROAD (STATE ROUTE 184) AND MESA MARIN
DRIVE FROM AN R-1 (ONE FAMILY DWELLING) ZONE
TO A C-1 (NEIGHBORHOOD COMMERCIAL) ZONE
By:
/s/ CAROL WILLIAMS
City Clerk of the City of
Bakersfield