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HomeMy WebLinkAboutORD NO 3498. ORDINANCE NO. 3498 AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NOS. 102-26, 102-27, 102-34 AND 102-35 BY CHANGING THE ZONING OF 156 ACRES GENERALLY LOCATED NORTH OF THE CARRIER CANAL, NORTH AND SOUTH OF TRUXTUN AVENUE, WEST OF OAK STREET, AND EAST OF MOHAWK STREET FROM M-1 (LIGHT MANUFACTURING), M-1-D (LIGHT MANUFACTURING-ARCHITECTURAL DESIGN), M-I- MH-D (LIGHT MANUFACTURING-MOBILE HOME- ARCHITECTURAL DESIGN) AND A (AGRICULTURE) ZONES TO A C-2 (REGIONAL 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 north of the Carrier Canal, north and south of Truxtun Avenue, west of Oak Street, and east of Mohawk Street; and WHEREAS, by Resolution No. 49-92 on THURSDAY, MARCH 19, 1992, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve a zone change from M-1 (Light Manufacturing), M-1-D (Light Manufacturing-Architectural Design), M-1-MH-D (Light Manufacturing-Mobile Home-Architectural Design) and A (Agriculture) zones to a C-2 (Regional Commercial) zone as delineated on attached Zoning Map Nos. 102-26, 102-27, 102-34 and 102-35 marked Exhibit "A", 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 M-1 (Light Manufacturing), M-1-D (Light Manufacturing-Architectural Design), M-1-MH-D (Light Manufacturing-Mobile Home-Architectural Design) and A (Agriculture) zones to a C-2 (Regional 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 WHEREAS, a Negative Declaration was advertised and posted on January 31, 1992, in accordance with CEQA; and ORIG~I'~AL WHEREAS, the 2010 General Plan designation for this area allows General Commercial development; and WHEREAS, on September 17, 1992, the Planning Commission recommended amendment of the Kern River Plan Element of the Metropolitan Bakersfield 2010 General Plan consisting of a change from a 7.2 (Service Industrial) to a 6.2 (Commercial) land use designation for the site; 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 the proposed Zone Change No. 5286 is consistent with the Land Use and Kern River Plan Elements of the Metropolitan Bakersfield 2010 General Plan, subject to prior approval of GPA 3-92, Segment I (KRPE 2-92, Segment I). 4. 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 map marked Exhibit "A" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "B", subject to prior approval of GPA 3-92, Segment I (KRPE 2-92, Segment I). -2- ORI(~!NAL 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. .......... o0o ......... -3- 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 _DEC 9 ~992 , by the following vote: AYES; COUNCIL'MEMBERS: EDWARDS, DeMOND, 9M~. BRUNN[ PETERSON, McDERMO1'r, SALVAGGIO NOES; COUNCILMEMBERS: ABSENT COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS' kl CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED .0__~.C _9_ 1932 C~/RENCE E. MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: RENCE M ARDINI CITY ATFORNEY of the City of Bakersfield res\o5286.cc -4- ORIGINAL FPS C2-D C 2D AFP$ M-1 TO C-2 MID CiTY OF BAKERSFIELD ZONING MAP 102-26 SEC 26 T 29S R 27E I11 Ill U1 lEGEND CITY OF BAKERSFIELD ZONING MAP 102-27 SEC 27 T 29s R 2/E cJ m m 102 -3-t R 27[ CITY OF [~AKERSFIELD ZONING MAP SEC 34 T 29s LEGEND C-O CITY OF BAKERSFIELD ZONING MAP 10£-35 LEGEND ;; ,,,,,~, ...... EXHIBIT B ZONE CHANGE 5286 City M-1 (Licht Manufacturinc) Zone to City C-2 (Commercial) zone. Four (4) parcels of land being portions of Section 26, 27, 34 and 35 in Township 29 South, Range 27 East, M.D.M., City of Bakersfield, Kern County, California, more particularly described as follows: PARCEL 1 Beginning at the point of intersection of the easterly right of way line of Mohawk Street and the northerly right of way line of the Carrier Canal, said point being in the northeast 1/4 of said Section 34; THENCE Northwesterly along said east line of Mohawk Street to the southeasterly right of way line of Truxtun Avenue; THENCE Northeasterly along said southeast line of Truxtun Avenue to a point on the southerly line of the right of way owned by the Atchison, Topeka, and Santa Fe Railroad in the southwest 1/4 of said Section 26; THENCE Southeasterly, south and east along the southerly line of said "Atchison, Topeka, Santa Fe" Railroad right of way to a point on the northwesterly right of way line of the Carrier Canal; THENCE Southwesterly along various courses of said Carrier Canal right of way to the point of beginning. Containing 72.40 acres (+/-) (Acreage shown excludes public street right of way) ORIGINAL PARCEL 2 Beginning a the point of intersection of the east line of the northwest 1/4 of the southwest 1/4 of said Section 26 and the southerly right of way line of Truxtun Avenue; THENCE South 00'51'32" West, along the east line of said Section Division, 104.61 feet to the Southeast corner thereof; THENCE North 89'07'04" West, 320.65 feet to a point on the southerly right of way line of Truxtun Avenue; THENCE North 70'47'55" East, along said right of way line, 214.51 feet to an angle point thereon; THENCE North 76'19'14" East, 123.09 feet to the point of beginning. Containing 0.414 acres PARCEL 3 Beginning at the point of intersection of the northerly right of way line of Truxtun Avenue and the westerly right of way line of State Highway Route V1-KER-99; THENCE Westerly along said Truxtun Avenue right of way line to a point on the Southeasterly boundary line of the Kern River Levee as said boundary line is described as the southeasterly side of the river property in said Section 26 granted to the City of Bakersfield by quitclaim deed filed in Book 5032, Page 456 in the office of the Kern County Recorder; THENCE Northeasterly along various courses of said levee boundary lien to a point on the westerly right of way line of State Route VI-KER-99 (Freeway 99); THENCE Southerly along said westerly right of way line to the point of beginning. ORIGJ)~JAL Containing 20.59 Acres (+/-) (Acreage shown excludes public street right of way) PARCEL 4 Beginning at a point on the west right of way line of Westwind Drive, distant South 00'49'46" West, 244.00 feet from the center line of 21st Street, said point being on the south boundary line of Tract No. 4418 per map filed in Book 31 of Maps, Page 134 in the office of the Kern County Recorder; THENCE continuing south 00'49'46" west, along said right of way line, 168.04 feet; THENCE North 89'10'14" west, 420.94 feet to a point on the easterly right of way line of State Highway Route VI-KER-99; THENCE North 03'28'40" East, along said right of way line, 168.22 feet to a point on the south boundary line of said Tract No. 4418' THENCE South 89'10'14" east, along said tract boundary line, 413.17 feet to the point of beginning. Containing 1.61 Acres (+/-) City A (AGriculture) zone to City C-2 (Commercial) zone A parcel of land being a portion of the south half of Section 26 in Township 29 South, Range 27 East, M.D.M., City of Bakersfield, Kern County, California, more particularly described as follows: Beginning at the point of intersection of the north right of way line of the Carrier Canal and the west right of way line of State Route VI-KER-99 (Freeway 99); THENCE Westerly and Southwesterly along various courses of said canal right of way line to a point on the north line of the right of way for the Atchison, Topeka and Santa Fe Railroad; THENCE Southwesterly in a straight line to the most northerly corner of Parcel "D" per Parcel Map No. 2900 filed in Book 14 of Parcel Maps, Page 3 in the office of the Kern County Recorder, said point being a continuation of the northwesterly right of way line of the Carrier Canal; THENCE South 49'17'43" West, along said canal right of way line, 299.5 feet to a point on the south property line of the parcel of land owned by the Atchison, Topeka and Santa Fe Railroad; THENCE Westerly, property line to Truxtun Avenue; Northerly and Northwesterly along said a point on the southerly right of way railroad line of THENCE Northeasterly along said right of way line approximately 700 feet to a point on the south line of the northwest 1/4 of the southwest 1/4 of said Section 26; THENCE Easterly along the south line of said section division, 320.65 feet to the southeast corner thereof; THENCE Northerly along the east line of said section division, 104.61 feet to a point on the south right of way line of Truxtun Avenue; THENCE Easterly along various courses of said right of way line to a point on the westerly right of way line of State Route VI-KER-99; THENCE Southerly along said right of way line to the point of beginning. Containing 13.08 acres (+/-) City M-1-MH (Licht manufacturinc-Mobile Home-Architectural Desion) zone to Citv C-2 (Commercial) Zone. A parcel of land being a portion of the east half of Section 26 in Township 29 South, Range 27 East, M.D.M., City of Bakersfield, Kern County, also being a portion of Parcel Map No. 3673 filed in Book 17 of Parcel Maps, Page 109, in the office of the Kern County Recorder, more particularly described as follows: ORI~II~;AL The South 270 feet of the west 270 feet of Parcels "B" and "C", feet of Parcel "E" as parcels 3673. 230 feet of Parcel "A", the South all of Parcel "D" and the west 620 are shown on said parcel Map No. Containing 22.26 Acres (+/-) (Acreage shown excludes public street right of way) a:ZC.5256 5 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 16th day of December , 19 92 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3498 City Council at a meeting held on the 9th and entitled: , passed by the Bakersfield day of December , 19 92 , NSAOPD /s/ CAROL WILLIAMS CITY CLERK of the City of Bakersfield