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HomeMy WebLinkAboutORD NO 3205ORDINANCE NO. 3205 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 SOUTHEAST CORNER OF STOCKDALE HIGHWAY AND OLD RIVER ROAD FROM AN A (AGRICULTURAL) ZONE TO A C-2 (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 on the southeast corner of Stockdale Highway and Old River Road; and WHEREAS, by Resolution No. 7-89 on January 5, 1989, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve an A (AGRICULTURAL) Zone, as delineated on attached map, by this Council and this Council has fully considered the findings 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 a change of zoning of the subject property from an A (AGRI- CULTURAL) Zone to a C-2 (COMMERCIAL) 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 consideration 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 property, that a zoning change should be authorized; and WHEREAS, the City Council has the proposed zoning is consistent with City of Bakersfield. determined and found that the General Plan of the 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: PARCEL "A" Commencing at the northeast corner of Section 6, Township 30 South, Range 27 East, M.D.B.&M., County of Kern, State of California; THENCE South 00o21'23" West, along the East line of said Section 6, 89.12 feet to a point on the North line of the Kern River Canal and the Point of Beginning; THENCE continuing South 00021'23" West along said East section line, 658.18 feet; THENCE departing from said East section line South 42o29'03" West, 850.21 feet to the beginning of a non-tangent curve con- cave to the Southeast with a radius point bearing South 42o29'03" West, 50.00 feet; THENCE Southwesterly on and along said curve through a central angle of 174°57'14" an arc distance of 152.68 feet to a point of reverse curvature concave to the West with a radius of 25 feet; THENCE Southerly along said curve through a central angle of 42050'00" an arc dis- tance of 18.69 feet; - 2 - THENCE South 00021'49" West, 477.95 feet to the beginning of a tangent curve concave to the Northwest with a radius of 20.00 feet; THENCE Southwesterly on and along said curve through a central angle of 91041'50" an arc distance of 32.01 feet; THENCE North 87°56'21" West, 342.58 feet; THENCE North 89°38'11" West, 235.00 feet; THENCE North 44°38'11" West, 28.28 feet; THENCE North 00021'49" East, 309.00 feet; THENCE North 00°30'16" West, 330.04 feet more or less to a point on the East right- of-way line of Old River Road; THENCE on and along said East line North 00021'49" East, ]79.54 feet to the beginning of a tangent curve concave to the West with a radius point bearing North 89°38'11" West, 1855.00 feet; THENCE on and along said curve through a central angle of 1°00'46" an arc distance of 32.79 feet to the beginning of a non-tangent curve concave to the West with a radius point bearing North 89048'59" West, 1,860 feet; THENCE Northerly on and along said curve an arc distance of 340.58 feet; THENCE North 08°23'16" West, 124.01 feet; THENCE North 14°23'15" West, 181.81 feet to a point on the North line of the Kern River Canal; THENCE departing said East line of Old River Road on and along said North line of the Kern River Canal North 75036'39" East, 1,384.34 feet to the beginning of a tangent curve concave to the South with a radius of 550.00 feet; THENCE Easterly on and along said curve through a central angle of 1°40'28" an arc distance of 16.07 feet more or less to the Point of Beginning. CONTAINING 37.00 ACRES MORE OR LESS. - 3 - Such the following zone changes are hereby expressly made conditions: The project is to be developed as a hospital with medical related resi- dential, office and commercial uses. The applicant shall submit an archa- eological survey to the California Archaeological Inventory prior to grading, and conform to any mitigation measures which may be required. In addition, the applicant shall submit copies of said survey and mitigation implementation program to the City prior to grading. subject 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 regular meeting thereof held on March 1, 1989 , by the following vote: AY~: COUNCILMEMBERS: CHILDS, OeMllNO, SMITH. RATTY, P~'I~,qSON, McDERMOTT 8ALVAGG(O NOES: COUNCILMEMBERS: NC)N F, ABSENT: COUNCJLM£MBERS: NON~ ABSTAINING: COUNCILMEMBERS: NONE APPROVED March 1, 1989 CLARENCE E. MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: ARTHUR J. SAALFT~D /~/ f CITY ATTORNEY ~? ~%y of Bakersfield AJS/meg Attachment Zone Change Map 00RD 4 ZC.4840.1 2/07/89 - 5 - ZONE CHANGE 4840 C-O HIGH WAY \ 0 400 f SCALE IN FEET TO C-2 CALI?0~NIA HARVEST SHOPS, INC. ~RO~4 A TO AFFIDAVIT OF POSTING DOCUMENTb 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 of Bakersfield; and that on the posted on the Bulletin Board at the following: Ordinance City Council at a meeting held on and entitled: Clerk of the City 14th day of March ., 19 89 she City Hall, a full, true and correct copy of No. 3205 , passed by the Bakersf3Leld the 1st day of March , 1989 , 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 SOUTHEAST CORNER OF STOCKDALE HIGHWAY AND OLD RIVER ROAD FROM AN A (AGRICULTURAL) ZONE TO A C-2 (COMMERCIAL) ZONE. NSAOPD /s/ CAROL WILLIAMS CITY CLERK of the City of Bakersfield D~PUTY City Clerk