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HomeMy WebLinkAboutORD NO 3020ORDINANCE NO. 3020 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE LAND USE ZONING OF THOSE CERTAIN PROPERTIES IN THE CITY OF BAKERSFIELD LOCATED IN PORTIONS OF SECTION 1, 11 AND 12, TOWNSHIP 29 SOUTH, RANGE 28 EAST (CHINA GRADE LANDFILL 1,200-FOOT BUFFER 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 has held a public hearing on an application by the City of Bakersfield to change the land use zoning of those certain properties in the City of Bakersfield located in portions of Section 1, 11 and 12, Township 29 South, Range 28 East (China Grade Landfill 1,200-foot Buffer Zone); 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 a change of zoning of the subject properties from an A-1 and an R-1 to an O-S; from an A-1 and an R-1 to an A20-A; from an A-1 and an R-1 to an Rsl0-A, and the Council has considered said findings and all appear to be true and correct; and WHEREAS, there appears to be no substantial detrimental environmental impact which could result from the proposed pro- ject; and WHEREAS, the City Council has determined after due con- sideration of said application and the recommendations of the Planning Commission herein on file, together with the reasons advanced at the hearing for a change of zoning of said properties, that a zoning change should be authorized; and WHEREAS, the City Council has determined and found that the proposed zoning is consistent with the General Plan of the City of Bakersfield. 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. An environmental assessment was made of the project, and a Negative Declaration was adopted by the Planning Commission after a public hearing thereon, and this Council hereby approves and adopts the Negative Declaration. 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 certain properties in said City, the boundaries of which properties are shown on the map hereto attached and made a part hereof, as follows: FOR THE ACTUAL LANDFILL AREA, FROM AN A-1 (AGRICULTURE) AND R-1 (ONE FAMILY DWELLING) ZONE TO AN O-S (OPEN SPACE), OR MORE RESTRICTIVE ZONE: A parcel of land situated in the County of Kern, State of California, being a part of Section 12, Township 29 south, Range 28 east, M.D.B.&M., more particularly described as follows: Beginning at the southeast corner of Section 2, Township 29 south, Range 28 east, M.D.B.&M., as shown in Record of Survey Book 9, Page 164 recorded December 19, 1968, in the Office of the Kern County Recorder, Thence south 73°04'21" east, the True Point of Beginning; Thence continuing (1) south 310.645 Thence Thence Thence Thence Thence Thence Thence Thence 240.416 feet to 86°18'31" east, feet; 2 south 31°36'27" east, 3 south 85°45'49" east, 4 north 57°08'39" east, 5 south 83°18'38" west, 6 south 71~52'41" east, 7 south l°41'05" west, 8 south 56°18'36" east, 9 south 2~02'43" east, 457.930 feet; 270.740 feet; 285.701 feet; 815.552 feet; 1,157.411 feet; 340.147 feet; 144.222 feet; 280.179 feet; Thence 10) south Thence 11) south Thence 12) south Thence 13) north Thence 14) north Thence 15) north Thence 16) north Thence 17) north Thence 18) north Thence 19) north to the True Point Containing 41.167 39°48 20" west 85°14 11" west 48°21 59" west 90°00 00" west 60°15 18" west 90°00 00" west 11053 19" west 34°35 32" west 1°36'49" east, 30~39'02" east, of Beginning. acres. 234.308 feet; 240.832 feet; 120.416 feet; 400.00 feet; 120.934 feet; 385.000 feet; 388.330 feet; 352.278 feet; 710.282 feet; 313.847 feet FOR AN AREA WITHIN 500 FEET OF THE LANDFILL AREA, FROM AN A-1 (AGRICULTURE) AND R-1 (ONE FAMILY DWELLING) ZONE TO AN A20-A (AGRICULTURAL 20-ACRE MINIMUM LOT SIZE), OR MORE RESTRICTIVE ZONE: A parcel of land situated in the County of Kern, State of California being a part of Sections 1, 2, 11 and 12, Township 29 south, Range 28 east, M.D.B.&M., more particularly described as follows: Beginning at the southeast corner of said Section 2, as shown in Record of Survey recorded December 19, 1968, in Record of Survey Book 9, Page 164 in the Office of the Kern County Recorder, Thence due north 390.00 feet to the True Point of Beginning; Thence continuing (1) north 76022'23" east, 339.559 Thence (2) Thence (3) Thence (4) Thence (5) Thence (6) Thence (7) Thence (8) Thence (9) feet; south 74054'30" south 56044'44" north 78~55'47# south 64017'24" south 28°04'21" south 07°23'10" south 17058'09" south 07°18'21" east 460.896 feet; east 364.726 feet; east 234.361 feet; east 590.333 feet; east 425.000 feet; east 544.518 feet; east 388.973 feet; west 393.192 feet; Thence (10) Thence 11) Thence 12) Thence 13) Thence 14) Thence 15) Thence 16) Thence 17) Thence 18) Thence 19) Thence 20) south 41°43 south 77°28 south 79°41 north 79°59 north 78~54 north 42°16 north 14"50 north 26°17 north 06~12 north 27°28 north 48~39 46" west 16" west 43" west 31" west 23" west 25" west 44" west 41" west 56" east 28" east 08" east 495.782 feet; 553.173 feet; 447.214 feet; 345.254 feet; 519.712 feet; 297.321 feet; 429.331 feet; 474.052 feet; 1,015.972 feet; 281.780 feet; 333.017 feet to the True Point of Beginning, excepting therefrom that portion of land described as follows: Beginning at the northwest corner of said Section 12; Thence south 73°04'21" east, 240.416 feet to the True Point of Beginning; Thence continuing (1) south 86°18'31" east, 310.645 feet; Thence (2) south Thence (3) south Thence (4) north Thence (5) south Thence (6) south Thence (7) south Thence (8) south Thence (9) south 31036'27" east 85°45'49" east 57°08'39" east 83°18'38" west 71~52'41" east 1~41'05" west 56~18'36" east 2~02'43" east Thence (10 Thence (11 Thence (12 Thence (13 Thence (14 Thence (15 south 39°48'20" west south 85~14'11" west south 48021'59" west north 90~00'00" west north 60~15'18" west north 90°00'00" west Thence (16) north 11°53'19" west 457.930 feet; 270.740 feet; 285.701 feet; 815.552 feet; 1,157.411 feet; 340.147 feet; 144.222 feet; 280.179 feet; 234.308 feet; 240.832 feet; 120.416 feet; 400.00 feet; 120.934 feet; 385.000 feet; 388.330 feet; Thence (17) north 34°35'32" west, 352.278 feet; Thence (18) north 1°36'49" east, 710.282 feet; Thence (19) north 30°39'02" east, 313.847 feet to the True point of Beginning. Containing 93.235 acres. FOR AN AREA BETWEEN 500 FEET AND 1,200 FEET OF LANDFILL AREA, FROM AN A-1 (AGRICULTURE) ZONE AND AN R-1 (ONE FAMILY DWELLING) ZONE, TO AN RS10-A (RESIDENTIAL-SUBURBAN 10-ACRE MINIMUM LOT SIZE), OR MORE RESTRICTIVE ZONE: A parcel of land situated in the County of Kern, State of California being a part of Sections 1, 2 11 and 12, Township 29 south, Range 28 east, M.D.B.&M., more particularly described as follows: Beginning at the southeast corner of said Section 2, as shown in Record of Survey recorded December 19, 1968, in Record of Survey Book 9, Page 164 in the Office of the Kern County Recorder, Thence due North 1,175.000 feet to the True Point of Beginning; Thence containing (1) north 81°05'06" east, 258.118 feet; Thence (2) south 85°36 Thence (3) south 71°56 Thence (4) south 56°18 Thence (5) south 77°20 Thence (6) south 60~15 Thence (7) south 21~22 Thence (8) south 27~45 Thence (9) south 13~42 05" east 22" east 36" east 51" east 18" east 14" east 31" east 25" east 325 483 216 502 725 246 644 422 960 feet; 839 feet; 333 feet; 195 feet; 603 feet; 982 feet; 127 feet; 019 feet; Thence (10 Thence (11 Thence (12 Thence (13 Thence (14 Thence (15 Thence (16 south 18026'06" east, south 6~05'19" west, south 26°33'54" west, south 49°23'55" west, south 70~53'28" west, north 76°15'03" west, 411.096 feet; 754.255 feet; 424.853 feet; 553.173 feet; 1,344.061 feet; 483.865 feet; north 80~53'19" west, 536.773 feet; 5 Thence (17 Thence (18 Thence (19 Thence (20 Thence (21 Thence (22 Thence (23 Thence (24 north north north north north north north north 65025'58" west 27°58'46" west 19°35'32" west 04"42'53" west 08°47'51" east 27010'52" east 48~55'06" east 63~26'06" east 577.256 feet; 724.707 feet; 939.388 feet; 486.647 feet; 850.000 feet; 415.933 feet; 517.397 feet; 570.197 feet to the True Point of Beginning; excepting therefrom that portion of land described as follows: Beginning at the Section 12, Thence due north of Beginning; northwest corner of said 390.00 feet to the True Point Thence continuing (1) north 76:22'23" east, 74054 56°44 78°55 64~17 28~04 07°23 17~58 07~18 30" east, 44" east 47" east 24" east 21" east 10" east 09" east 21" west 41043'46" west 77°28'16" west 79°41'43" west 79°59'31" west 78°54'23" west 42°16'25" west 14°50'44" west 26°17'41" west 06~12'56" east 27~28'28" east 48~39'38" east of Beginning. 182.052 acres. 460.896 feet; 364.726 feet; 234.361 feet; 590.333 feet; 425.000 feet; 544.518 feet; 388.973 feet; 393.192 feet; 495.782 feet; 553.173 feet; 447.214 feet; 345.254 feet; 519.712 feet; 297.321 feet; 429.331 feet; 474.052 feet; 1,015.972 feet; 281.780 feet; 333.017 feet 339.559 feet; Thence (2) south Thence (3) south Thence (4) north Thence (5) south Thence (6) south Thence (7) south Thence (8) south Thence (9) south Thence (10 south Thence (11 south Thence (12 south Thence (13 north Thence (14 north Thence (15 north Thence (16 north Thence (17 north Thence (18 north Thence (19 north Thence (20 north to the True Point Containing 6 This ordinance shall be posted in accordance with the City charter provisions and shall become effective thirty (30) days from and after the date of its passage. .......... o0o .......... I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regu- lar meeting thereof held on the 2nd day of April , 198--6, by the following vote: .~ /2 ,~ ,d'/ /" --' /-' '" /,~' / -'-' , CITY CLERK and Ex Officio Clerk of the Council of the city of Bakersfield APPROVED this 2nd day of April , 198--6 MAYOR of the City of ld APPROVED as to form: A~TORNrEy of the city of Bakersfield AJS/bl 50.ZC.LND 7 AL LAND USE LEGEND :::::::::::::::::::::::::::::::::::::::: :::::::.:: :.:. /NORTH CPA 4-85, Sea~'ment VI CHINA GP~ADE i_q]~TILL BUTTER ZONE (Approx. loc) LOW DENSITY AESIDENTIAL /fl~.D C0'.-gIERCIAL TO OPEN SPACE CiTY OF BAKERSFIELD I'~ORTH I I": ZONE CHANGE 4416 CHINA GRADE I-A?~DFILL BUFFER ZONE /Approx. A AND P,-i TO ©-$~ A-20A 6 ES-10A ZO~E CITY OF--BAKERSFiELD /OC. ) GPA ~-85, Segment VI, ZONE CHAI{GE 4416 Rio Bravo Land Use & Transportanion Element Environmental Capability Composite