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HomeMy WebLinkAboutORD NO 3090ORDINANCE NO. 3090 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 NORTH OF NILES STREET, EAST UNION AVENUE FROM M-1 (LIGHT MANUFACTURING) ZONE AND R-2 (LIMITED MULTIPLE-FAMILY DWELLING) ZONE TO C-2 (COM- MERCIAL) ZONE AND C-1 (LIMITED 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 has held a public hearing on a petition to change the land use zoning of those certain proper- ties in the City of Bakersfield located north of Niles Street, East Union Avenue from M-1 (Light Manufacturing) and R-2 (Limited Multiple-Family Dwelling) to C-2 (Commercial); 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 M-1 (Light Manufacturing) and R-2 (Limited Multiple-Family Dwelling) to C-2 (Commercial), and the Council has considered said findings and all appear to be true and correct; and WHEREAS, ther~ 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 proper- ties, that a zoning change should be authorized; and WHEREAS, the City Council has determined and found that the proposed zoning is consistent with the G~neral Plan of the City of Bakersfield. NOW, THEREFORE, HE 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: FROM AN R-2 (LIMITED MULTIPLE-FAMILY DWELLING) ZONE TO A C-1 (LIMITED COMMERCIAL), OR MORE RESTRICTIVE ZONE: The easterly 218.05 feet of Lot 23, Block 3 of Alta Vista Tract No. 3. ALSO the easterly 218.05 feet of that portion of the southwest quarter of Section 20, Township 29 south, Range 28 east M.D.B.&M., described as follows: Commencing for reference at the southwest corner of said section, said southwest corner being at coordi- nates Y=686 771.22 feet and X=i 701 327.83 feet; Thence (1), along the w~st line of said section, north 0°35'57" east, 417.$1 feet; Thence (2), at right angles, 57.75 feet to the southwest Block 3 of Alta Vista No. 3 Book 3 of Maps at 160, Kern south 89024'03" east, corner of Lot 23 in as per map recorded in County Records; Thence (3) along the south line of said Lot 23, south 89047'39" east, 4.99 feet to the southeast corner of the land described in the deed to the State of California, recorded November 14, 1963 in Book 3662 at Page 680, Kern County Official Records, said southeast corner being the TRUE POINT OF BEGINNING: Thence (4), continuing along said south 89047'39" east, 354.68 fret to the west Block 6 of said Alta Vista No. 3; line south line of Thence (5), along last said west line, south 0°35'57" west, 21.83 feet; Thence (6), north 89037'37" west, 319.50 feet; Thence (7), northwesterly along a tangent curve con- cave northeasterly with a radius of 40 feet through an angle of 61018'25", an arc distance of 42.80 feet to the TRUE POINT OF BEGINNING, City of Bakersfield, County of Kern, State of California, as per Map recorded November 25, 1898, in Map Book 1, Page 13 and 14, in the Office of the County Recorder of said County. - 2 - (COMMERCIAL), OR MORE RESTRICTIVE ZONE: Lots 17, 18, 19, 20, 21, and 22 of Block 3, Alta Vista Tract No. 3. ALSO The westerly 141.57 feet of Lot Vista Tract No. 3, 23 of Block 3, Alta ALSO That portion of the southwest quarter of Section 20, Township 29 south, Range 28 east M.D.B.&M., described as follows: Commencing for reference at the southwest corner of said section, said southwest corner being at coordinates Y=686 771.22 feet and X=i 701 327.83 feet; Thence (1), along the west line of said section, north 0°35'57" east, 417.81 feet; Thence (2), at right angles, south 89o24'03" east, 57.75 feet to the southwest corner of Lot 23 in Block 3 of Alta Vista No. 3 as per map recorded in Book 3 of Maps at 160, Kern County Records; Thence (3) along the south line of said Lot 23, south 89°47'39" east, 4.99 feet to the southeast corner of the land described in the deed to the State of California, recorded November 14, 1963 in Book 3662 at Page 680, Kern County Official Records, said southeast corner beinq the TRUE POINT OF BEGINNING: Thence (4), continuing along said south line south 89°47'39" east, 354.68 feet to the west line of Block 6 of said Alta Vista No. 3; Thence (5), along last said west line, south 0°35'57" west, 21.83 f~et; Thence (6), north 39°37'37" west, 319.50 feet; Thence (7), northwesterly along a tangent curve con- cave northeasterly with a radius of 40 feet through an angle of 61018'25", an arc distance of 42.80 feet to the TRUE POINT OF BEGINNING, City of Bakersfield, County of Kern, State of California, as per Map recorded November 25, 1898, in Map Book 1, Page 13 and 14, in the Office of the County Recorder of said County. EXECEPTING THEREFROM the easterly 21~.05 feet. SECTION 2. 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 February 25~ 1987 , by the following vote: AYES: COUNCILMEMBERS: CHILDS,'~;HRI'3~[[N,~[N, SMITH, RATIO, MOORE, DtCKERSON, SALVAGGIO NOES: COUNCILMEMBERS: Lf"~r~ '. _ ABSTAINING: COUNCILM~MBER~: [ ~ ~ ~ CITY CLERK and Ex Officio Clerk of Council of the City of Bakersfield the APPROVED Februarx_25_~ 1987 A 0 o the C'ty of ~akersfield APPROVED as to form: C I'~Y AT~ORNEY of ~fhe City of Bakersfield AJS/meg O:O.GPASEG41 · - 4 TREE T Zone ChanRe ,°A CIFIC OREGON NIL ES ROUTE ZC4553 M-1 and R-2 to C-2 DEAN A. GAY REAL ESTATE & DEV. E. of UNION AV. & N. of NILES ST. 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 February 26 , 19 87 , 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 February 25 , 19 87 , which ordinance was numbered 3090 New Series, and entitled: 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 north of Niles Street, east of Union Avenue from M-1 (Light Manufacturing) Zone and R-2 (Limited Multiple-Family Dwelling) Zone to C-2 (Commercial) Zone and C-1 (Limited Commercial) Zone. City Clerk Subscribed and sworn to before me this 2.6t;h... day of ........l{~br~ar.y ................ ,19_87 NOTA~f PUE~.IC - CALIFORNIA