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HomeMy WebLinkAboutORD NO 3042ORDINANCE NO. 3042 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD DENYING APPEAL AND AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE LAND USE ZONING OF THOSE CERTAIN PROPERTIES IN THE CITY OF BAKERSFIELD LOCATED AT THE SOUTHWEST CORNER OF COLUMBUS AND HALEY. 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 a petition to change the land use zoning of those certain properties in the City of Bakersfield located at the southwest corner of Columbus and Haley, from a C-O (Commercial and Professional office) to a C-2 (Commercial) 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 a C-O (Commercial and Professional Office) Zone to a C-1 (Limited Commercial) or more restrictive Zone; and WHEREAS, thereafter and within the time prescribed by law,. the applicant and Lawton Powers, through $impson-Vancuren, Inc., fi].ed an appeal in writing with the Council of the City of Bakersfield from the decision of the Planning Com~aission upon the requested zone change; and WHEREAS, notice was duly given as provided by Title 17 of the Bakersfield Municipal Code setting the time and place for a public hearing before the Council of the City of Bakersfield on said appeal, which public hearing was held before the Council on May 7, 1986. 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 petition 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 the zoning change recommended by the Planning Commission should be authorized; and WHEREAS, the City Council has determined and found that the recommended C-1 (Limited Commercial) 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. Based upon the record of proceedings before and findings of the Planning Commission, which are hereby found by this Council to be supported by substantial evidence on the record and to be true and correct, and the proceedings upon appeal and findings of this Council, the recommendations of the Planning Commission are accepted and the appeal is hereby denied. 4. 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: FROM A C-O (COMMERCIAL AND PROFESSIONAL OFFICE) ZONE, TO A C-1 (LIMITED COMMERICAL), ZONE: Lots 1 and 2 and the east 41 feet of Lot 3 of Tract 1282, in the City of Bakersfield, County of Kern, State of california as per Map recorded July 25, 1946 in Map Book 5, Page 156 in the office of the Kern County Recorder. Containing 0.36 acres. 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 and adopted by the Council of the City of Bakersfield at lar meeting thereof held on the 21st day of May , the following vote: foregoing Ordinance was passed a regu- 198--6, by CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED this 21st day of May , 1986 MAYOR of the City of B~kersfield APPROVED as to form: CITY ATTORNEY of the City of Bakersfield AJS/bl 50. ZC-COL 3 .~CNUC NORTH 1"= BOO' L ZONE CHANGE 4434 C-O to C-1 Southwest corner Columbus and Haley STATE OF CALIFORNIA t 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 May 27 , 19 86 , she posted on the Bulletin Board at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held on Mav 21. , 19 86 , which ordinance was numbered 3042 New Series, and entitled: AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD DENYING APPEAL AND AHENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE LAND USE ZONING OF THOSE CERTAIN PROPERTIES IN THE CITY OF BAKERSFIELD LOCATED AT THE SOUTHWEST CORNER OF COLU~BUS AND HALEY. City Clerk Subscribed and sworn to before me this ...... ~.~.t~h_ day of .....................M...~LY ..............................,19....~1.6_ I~OTAR¥ PUBtIC ' CALIFORNIA