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Home My WebLink AboutORD NO 3257ORDINANCE NO. 3257 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 THAT CERTAIN PROPERTY IN THE CITY OF BAKERSFIELD COMMONLY KNOWN AS THE CARRIER CANAL FROM AN R-1 (ONE FAMILY DWELLING) ZONE TO A C-O (COMMERCIAL AND PROFESSIONAL OFFICE) ZONE. WHEREAS, in accordance with the procedure set forth in 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 that certain property in the City of Bakersfield commonly known as the Carrier Canal. WHEREAS, by Resolution No. 33-89 on September 7, 1989, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve a C-O (Commercial and Professional Office) 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 ~ubject property from an R-1 (One Family Dwelling) Zone to a C-O (Commercial and Family Dwelling) 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 project; 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 changes in zoning of said properties, that zone change should be authorized; and WHEREAS, the site is currently developed as an irrigation canal; and WHEREAS, the property cannot be developed with single family residences as the present zoning allows; and WHEREAS, the property cannot be developed with single family residences as the present zoning allows; and WHEREAS, the City Council has considered and hereby makes the following findings: 1. That public necessity, convenience, general welfare and good zoning practice justify the change of zone from an R-1 (One Family Dwelling) Zone to a C-0 (Commercial and Professional) Zone; 2. That the proposed zone change is consistent with the General Plan of the City of Bakersfield; 3. That a Negative Declaration was duly filed and posted. 4. The Kern River Plan Element depicts the subject property as 6.25 (Commercial Office). This designation provides for uses permitted in the "C-O" (Commercial and Professional Office) Zone. 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 R-1 (ONE FAMILY DWELLING) ZONE TO A C-O (COMMERCIAL AND PROFESSIONAL OFFICE) ZONE: That portion of the Carrier Canal lying in the northeast quarter of Section 34, Township 29 South, Range 27 East, M.D.M., described as follows: - 2 - Beginning at the intersection of the east line of the northeast quarter of said Section 34, with the southerly boundary line of the Carrier Canal, as shown on Parcel Map No. 6368, filed May 13, 1982, in Book 28 of Parcel Maps at page 7, in the Office of the Kern County Recorder; thence southwesterly on and along the southerly boundary line of the Carrier Canal, the following courses and distances: (1) South 27000'35" West, 215.11 feet; Thence (2) South 33°19 Thence (3) South 39°18 Thence (4) South 44°23 Thence (5) South 54°55 Thence (6) South 60°44 Thence (7) South 66°51 Thence (8) South 78°36 Thence (9) South 70°57 59" West 57" West 49" West 01" West 13" West 33" West 44" West 27" West 68.89 feet; 84.89 feet; 50.07 feet; 58.81 feet; 75.09 feet; 50.03 feet; 215.47 feet; 473.46 feet; Thence (10) South 78°13'14" West, 696.46 feet, to the northeast corner of Parcel 2 of Parcel Map No. 6367, as per Map thereof filed December 1, 1981, in the Office of the Kern County Recorder, in Book 27 of Parcel Maps at page 71; Thence of the 442.76 continuing along the southerly boundary Carrier Canal (11) South 77°16'10" West, feet; Thence (12) South 75018'08" West, 215.66 feet; to the polar of intersection with the easterly right-of-way line of Mohawk Street, and the beginning of a non-tangent curve, concave northeasterly, having a radius of 1,545.00 feet, from which point the radial point of said curve bears North 57024'59" East, Thence northwesterly, on and along said curve, through a central angle of 06°29'31", an arc distance of 175.057 feet, to a point on the northerly boundary line of the Carrier Canal; Thence northeasterly, on and along the northerly boundary line of the Carrier Canal, the following courses and distances: (1) North 78006'05" East, 1,175.913 feet; Thence Thence Thence Thence (2) North 77015'37" East, 247.59 feet; (3) North 70019'44" East, 676.24 feet; (4) North 65003'07" East, 109.12 feet; (5) North 36028'49" East, 164.20 feet; Thence (6) North 27°52'45" East, 481.14 feet, to a point of intersection with the east line of the northeast quarter of Section 34; Thence along said east line South 00003'02" East, a distance of 348.249 feet, to the TRUE POINT OF BEGINNING. 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 0~T ~ I 1959 , by the following vote: ~YES: COUNCILMEMBER~: ANTHONY, O.eMOND. SMITH, RATTY, PETERSON, McDERMOTT, SALVAGGIO ~10~,~: COUNCILMEMBERS; 1~ O n e ABSENT: COUNCILMEMBERS None ABSTAIN: COUNCILMEMBERS: NoRe Council of the City of Bakersfield APPROVED OCT 1. 1 1989 CLARENCE E. MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: 'C~ of Bakersfield LCM/meg/lg O ORD 4 ZC.CO.1-.5 9/21/89 - 5 - AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ss. County of Kern) C~OL 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 the 13th day of October , 19 89 she posted on the Bulletin Board at City Hall, a. full, true and correct copy of Ordinance No. 3257 , passed by the Bakersfield the following: city Council at a meeting held on the 11th day of October , 1989 , and entitled: AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD ~UNICIPAL CODE BY CHANGING THE LAND USE ZONING OF THAT CERTAIN PROPERTY IN THE CITY OF BAKERS- FIELD COMMONLY KNOWN AS THE CARRIER CANAL FROM AN R-1 (ONE FAMILY DWELLING) ZONE TO A C-O (COM~{ERCIAL AND PROFESSIONAL OFFICE) ZONE. NSAOPD /s/ CAROL WILLIAMS CITY CLERK of the City of Bak_rszlem