HomeMy WebLinkAboutORD NO 3259ORDINANCE NO. 3259
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 1705 CALIFORNIA AVENUE FROM AN R-4-D
(MULTIPLE FAMILY RESIDENTIAL ARCHITECTURAL
DESIGN) ZONE TO A C-1 (LIMITED COMMERCIAL)
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 1705 California Avenue.
WHEREAS, by Resolution No. 31-89 on August 3, 1989, the
Planning Commission recommended approval and adoption of an
ordinance amending Title 17 of the Municipal Code to approve an
C-1 (Limited Commercial) 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 R-4-D
(Multiple Family Residential Architectural Design) Zone to a C-1
(Limited 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 projecti:
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 part of the
a tike shop; and
WHEREAS, conditional use permits granted on the site
since 1961 have established a commercial use on the property;
and
WHEREAS, buffers presently exist between the commercial
and adjacent residential uses; and
WHEREAS, the existing property zoned R-4-D cannot be
efficiently developed with residential uses; and
WHEREAS, the required public notices have been given; and
WHEREAS, the provisions of CEQA have been followed; 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 a R-4-D
(Multiple Family Residential Architectural Design) Zone to a C-1
(Limited Commercial) 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.
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 nearing 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-4-D (MULTIPLE FAMILY RESIDENTIAL
ARCHITECTURAL DESIGN) ZONE TO A C-1 (LIMITED
COMMERCIAL) ZONE:
That portion of Section 36, Township 29 South,
Range 27 East, MDB&M, in the City of Bakersfield,
County of Kern, State of California, according
to the Official Plat thereof, described as
follows:
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Commencing at a point 82.5 feet west and 66.5
feet south of the Northeast corner of said
Section 36 running thence West 16.5 feet to the
True Point of Beginning.
Thence continuing in a westerly direction 107.5
feet;
Thence at right angles South 84 feet;
Thence at right angles East 107.5 feet;
Thence at right angles North 84 feet to the
True Point of Beginning.
Excepting therefrom the easterly 71 feet.
Said land is a portion of Block 24 of the
Southern Addition to the City of Bakersfield,
as shown on the Map of said City, recorded
November 25, 1898, in Book 1, Pages 13 and 14 of
Maps, in the Office of the County Recorder of
Kern County.
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 ..........
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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 0el ~ 1- 1~89 , by the
following vote:
AYES: COUNCILMEMBERS: ANTHONY, [~ On~), SMITH, RATTY, PETERSON, McDERMOTT, SALVAGGIO
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS None
ABSTAIN: COUNCiLMEMBERS: Non e
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
OCT .~ 1_ 1989
MAYOR of the City of Bakersfield
APPROVED as to form:
CITY ~T~O~f t~ty of Bakersfield
LCM/meg/lg
O ORD 4
ZC.Ci.1-.4
9/21/89
AFFIDAVIT OF POSTING DOCUMENTS
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 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
the following: Ordinance No. 325~ , passed by the Bakersfield
City Council at a meeting held on the 11th day of October , 1989 ,
and entitled:
AN OPDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFFIELD AMENDING
TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE
LAND USE ZONING OF THAT CERTAIN PROPERTY IN THE CITY OF BAKERSFIELD
COMUONLY KNOWN AS 1705 CALIFORNIA AVENUE FROM AN R-4-~ (MULTIPLE
FAMILY RESIDENTIAL ARCHITECTURAL DESIGN) ZONE TO A C-1 (LIMITED
COMMERICAL) ZONE.
/s/ CAROL WILLIAMS
CITY CLERK of the City of Bakersfield
NSAOPD
DEPUTY Ci%y Clerk