HomeMy WebLinkAboutORD NO 3428ORDINANCE NO. 8 { 2 8
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND ZONING
MAP NOS. 102-07 AND 102-18 BY CHANGING THE LAND
USE ZONING OF THOSE CERTAIN PROPERTIES IN
THE CITY OF BAKERSFIELD CONSISTING OF 2.93
ACRES GENERALLY LOCATED ON THE SOUTHWEST
CORNER OF CALLOWAY DRIVE AND OLIVE DRIVE
FROM AN R-1 (ONE FAMILY DWELLING) ZONE TO A
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 held
a public hearing on a petition to change the land use zoning of those certain properties
in the City of Bakersfield generally located on the southwest corner of Calloway Drive
and Olive Drive; and
WHEREAS, by Resolution No. 80-91 on December 5, 1991, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of
the Municipal Code to approve a zone change of the subject property from an R-1 (One
Family Dwelling) zone to a C-1 (Limited Commercial) zone as delineated on attached
maps marked Exhibits "A" and "B", 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 changes in zoning of the subject property from an R-1
(One Family Dwelling) 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, the law and regulations relating to the preparation and
adoption of Negative Declarations as set forth in CEQA and City of Bakersfield
Resolution No. 107-86 have been duly followed by city staff, the Planning Commission
and this Council; and
ORIGINAL
WHEREAS, a Negative Declaration was advertised and posted on
November 12, 1991, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows commercial
development; and
WHEREAS, the City Council has considered and hereby makes the
following findings:
1. All required public notices have been given.
2. The provisions of CEQA have been followed.
3. That public necessity, convenience, general welfare and good zoning
practice justify the change in zone.
4. That the proposed Zone Change No. 5262 is consistent with the
Metropolitan Bakersfield 2010 General Plan.
5. The proposed zoning will not have a significant adverse effect on the
environment.
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 changes in zoning of said
properties, that the zone changes should be authorized.
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. The Negative Declaration is hereby approved and adopted.
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 that
certain property in said City, the boundaries of which property is shown on the maps
marked Exhibits "A" and "B" attached hereto and made a part hereof, and are more
specifically described in attached Exhibit "C".
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ORIGrNAL
SECTION 2.
This ordinance shall be posted in accordance with the Bakersfield
Municipal Code and shall become effective not less than thirty (30) days from and after
the date of its passage.
.......... o00 ..........
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ORI(~IINAL
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 __
J A N ~1 5 19°o2 , by the following vote:
AYES; COUNCILMEMBERS EDWARD.S~ .......... SMITH, BRUNNI ............................ SAL AGG 0
NOES, COUNCILMEMBERS
AgSENT COUNCILMEMBERS:
ABSTAIN COUNCILMEMBERS
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED JAN ! 5 199L
CLARENCE E. MEDDERS
MAYOR of the City of Bakersfield
APPROVED as to form:
CITY ATFORNEY of the City of Bakersfield
pit
Attachment -
Exhibit "A"
Exhibit "B"
Exhibit "C"
1:cco.5262
December 6, 1991
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ORIGJklAL
o cl*r~'o,,,
ITl
CITY O~ BAKERSFIELD
ZONING MAP 102-07
SEC 07 T 295 R 27[
LEG[ND
102 -18
R 27I~.
R-1 TO C-1
CITY OF BAKERSFIELD
ZONING MAP
SEC 18 I 29s
LEGEND
EXHIBIT "C"
Legal Description
Zone Change #5262
FROM AN R-1 (ONE FAMILY DWELLING) ZONE TO A C-1 (LIMITED
COMMERCIAL). OR MORE RESTRICTIVE ZONE:
A portion of the southeast quarter of Section 7, T.29S., R.27E., M.D.B.&M., City of
Bakersfield, County of Kern, State of California, described as follows:
Commencing at a Kern County surveyors monument in a lamphole, said point being the
southeast corner of Section 7, T.29S., R.27E., M.D.B.&M., as shown on filed map Book
6, Page 50, filed for record in the Kern County Surveyors office;
THENCE north 89°55'28" west along the south section line of said Section 7, 634.41 feet
to the True Point of Beginning;
THENCE (1) north 89°55'28" west along the south line of said Section 7, 238.61 feet;
THENCE (2) north 26°18'31" east, 289.43 feet to the beginning of a non tangent curve
concave to the southwest having a radius of 225 feet to which point a radial bearing
reads north 40°56'11" east;
THENCE (3) southeasterly along said curve through a central angle of 24°07'52" an arc
length of 94.76 feet;
THENCE (4) south 24°41'45" east, 167.26 feet to the True Point of Beginning.
Containing 2.93 +/- acres.
ORl(3 ~,~,A L
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
County of Kern)
CAROL WILLIAMS, Being duly
That she is the duly appointed,
of Bakersfield; and that on the
posted on the Bulletin Board at
the following: Ordinance
City Council at a meeting held on the
and entitled:
sworn, deposes and says:
acting and qualified City Clerk of the City
17ch day of January 19 92 she
City Hall, a full, true and correct copy of
No. 3425 , passed by the Bakersfield
15th day of January 19 92
NSAOPD
/s/ CAROL WILLIAMS
CITY CLERK of the City of Bakersfield
DEPUTY City Clerk