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 .........
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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
_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
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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