HomeMy WebLinkAboutORD NO 3180ORDINANCE NO. 3180 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 ON THE
NORTH SIDE OF TRUXTUN AVENUE AND BOTH SIDES
OF EMPIRE DRIVE FROM AN A (AGRICULTURAL)
ZONE TO A C-2 (COMMERCIAL) ZONE AND AN M-1
(INDUSTRIAL) 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 on the north side of
Truxtun Avenue and both sides of Empire Drive from an A (Agri-
culture) Zone to a C-2 (Commercial) Zone and an M-1 (Industrial)
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
(Agriculture) Zone to a C-2 (Commercial) Zone and an M-1
(Industrial) Zone, 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 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 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:
FROM AN A (AGRICULTURAL) ZONE TO A C-2
(COMMERCIAL) ZONE:
A parcel of land situated in Section 26,
Township 29 South, Range 27 East, M.D.B.&M.,
City of Bakersfield, County of Kern, State of
California, more particularly described as
follows:
Beginning at the point of intersection of the
west right-of-way line of Canary Island Drive
and the north right-of-way line of Truxtun
Avenue as shown on Parcel Map No. 7310
recorded August 23, 1985, in Book 32 of Parcel
Maps at Page 80 in the Office of the Kern
County Recorder, (Canary Island Drive is now
known as Empire Drive);
Thence South 89° 59' 11" West along said
Truxtun Avenue north line, 646.40 feet (more
or less) to the beginning of a 4040.00 foot
radius right of way curve concave to the
south;
Thence Westerly along said curve through a
central angle of 01°15'42" an arc length of
88.96 feet (more or less) to a point of inter-
section with the northwest boundary line of
that parcel of land granted by Tenneco Realty
Development Corporation to the City of
Bakersfield by a grant deed recorded December
11, 1974, in Book 4872 at Page 638 of official
records in the Office of the Kern County
Recorder;
- 2 -
Thence along the boundary of said city owned
parcel for the following seven (7) courses:
1) THENCE
feet (more or
thereon;
North 56000'02" East, 138.40
less) to the first angle point
2) THENCE North 51°11 08" East, 264.62
feet;
3) THENCE North 55°40 23" East, 179.54
feet;
4) THENCE North 63°23 53" East, 268.59
feet;
5) THENCE North 32°19 56" East, 164.72
feet;
6) THENCE North 53°34 21" East, 124.28
feet;
7) THENCE South 00°00 07" East 167.30 feet
to a point of intersection on the northwest
right-of-way line of curve of Empire Drive
being a 330-foot radius curve concave to the
southeast; (the radial line from said curve
bears south 34042'24" east);
THENCE Southwesterly along said curve through
a central angle o5 55017'43", an arc distance
of 318.48 feet;
THENCE South 00000'07" East
of-way line, 218.01 feet;
THENCE South 44059'32" West,
Point of Beginning.
along said right-
28.28 feet to the
TO AN M-1 (INDUSTRIAL) ZONE:
That portion of the Southeast 1/4 of Section 26,
Township 29 South, Range 27 East, M.D.B.&M.,
being more particularly described as follows:
Parcels 1 and 2 of Parcel Map 7310 recorded
August 23, 1985, in Book 32 of Parcel Maps, Page
80 in the Office of the Kern County Recorder.
EXCEPTING THEREFROM:
That portion of the parcel of land described as
Parcel 1 in that certain Grant Deed to the State
of California recorded March 29, 1961, in Book
3364, Page 169 in the Office of the Kern County
Recorder.
Such zone changes are hereby expressly made subject
the following conditions:
])
A landscape strip shall be provided along
Truxtun Avenue and Empire Drive. The strip
shall be 15 feet wide from the back of the
sidewalk along Truxtun Avenue and 10 feet
wide along Empire Drive. A corner cut-off
shall be provided as measured from the
northwest corner of the intersections of the
flowlines of Truxtun Avenue and Empire Drive.
The measurement from said intersection shall
be 65 feet for the first story, 75 feet for
the second story and 85 feet for the third
story.
2)
An improved parking lot for 25 vehicles shall
be made available for the general public
using the city's facilities northwesterly of
the property.
3)
Improved public access shall be provided
through the property from Empire Drive to the
levy.
4)
Building height shall be limited to three
stories.
5)
Freestanding signs shall be prohibited. Out-
door advertising signs shall be expressly
prohibited. Monument signs shall not occur
between the building and sidewalk.
6)
Landscaping with trees and plant materials,
compatible with the river environment, shall
be required along the northwest property line.
On the average, trees shall be spaced less
than 35 feet as measured along the levy.
7)
The above special conditions shall be part
of the Covenants, Conditions and Restrictions
(C.C.&R's) of the deed.
to
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 Septg_mber 14, 1988 , by the
following vote:
AY'~8: COUFII~ILMEMBER~: OH LD~, D.e~IBND, SMffFI ~T'i'Y PE'T~9$ON. McDERMOTT ~JAL~AGGIO
NOES: COUNCILMEMRERS: None ' '-
ABSENT: COUNC;LMEMBERS: None
ABSTAiNiNG: COUNCILMEMBERS None
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED September 14, 1988
MAYOR of the City~of Bakersfield
APPROVED as to form:
AJS/meg I /
Attachment ~//
O ORD 5
ZC.4770.1
8/25/88
Zone Change
4770
2(,2
YA2D
AT & SF RAILROAD
A-FP-S ,,,
M-I- ,.,:, .-..,
CITY
C 0 2P OI~_~T I ON
CITY OF BAKERSFIELD
PLANNING COMMISSION
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
)
County of Kern)
SS.
CAROL WILLIAMS, Being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk
of Bakersfield; and that on September 19
Bulletin Board at City Hall, a full, true and
ORDINANCE
The Bakersfield City Council at a meeting
of the City
, 19 88, she posted on the
correct copy of the following:
, No. 3i80 , passed by
held on September i4, 19 88
and entitled:
AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD
AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE
BY CMANGING THE LAND USE ZONING OF THOSE CERTAIN PROPERTIES
IN THE CITY OF BAKERSFIELD LOCATED ON THE NORTH SIDE OF
TRUXTUN AVENUE AND BOTH SIDES OF EMPIRE DRIVE FROM AN A
(AGRICULTURAL) ZONE TO A C-2 (CO~4ERCIAL) ZONE AND AN M-i
(INDUSTRIAL) ZONE.
/S/ CAROL WILLIAMS
CITY CLERK of th~ City of Bakersfield
By: t~/~ - .~
DEPUTY~.i~y Cle k
AOPNS