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Home My WebLink AboutORD NO 2902ORDINANCE NO. 2902 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 THOSE CERTAIN PROPERTIES IN THE CITY OF BAKERSFIELD LOCATED SOUTH OF WHITE LANE, WEST OF SOUTH "H" STREET, NORTH OF PACHECO ROAD, EAST OF HUGHES LANE AND THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF THE SOUTHERN PACIFIC RAILROAD. WHEREAS, in accordance with the procedure set forth in the provisions of Title 17 of the Municipal Code of the City of Bakersfield, the City Council has held a public hearing on an appeal by the applicant from the decision of the Planning Commission on a petition to change the land use zoning of those certain properties in the City of Bakersfield located south of White Lane, west of South "H" Street, north of Pacheco Road, east of Hughes Lane and the southeasterly right-of-way line of the Southern Pacific Railroad; and WHEREAS, the City Council, 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 properties from an M-1-D (Light Manufacturing-Architectural Design) Zone to an R-1 (One Family Dwelling) Zone, to an R-3 (Limited Multiple Family Dwelling) Zone, to a C-O (Commercial and Professional Office) Zone, to a C-1 (Limited Commercial) Zone, to a C-2 (Co~nercial) Zone, and to an A (Agricultural) Zone; and 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 of zoning of said properties that zoning changes should be authorized subject to the condition subsequent set forth below; and WHEREAS, the City Council has determined and found that the proposed zoning is consistent with the General Plan of the City of Bakersfield. 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. 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: Those portions of Lots 17, 18, 19, 20, 29, 30, 31 and 32 of Kern County Sales Map No. 1 of the Lands of J. B. Haggin filed May 3, 1889 in the Office of the County Recorder of the County of Kern, being also a portion of the southeast Quarter of Section 13, Town- ship 30 South, Range 27 East, M.D.B.&M., all in the incorporated area of the City of Bakersfield. FROM AN M-1-D (LIGHT MANUFACTURING-ARCHITEC- TURAL DESIGN) ZONE TO AN R-1 (ONE FAMILY DWELLING), OR MORE RESTRICTIVE ZONE: Commencing at the southeast corner of afore- described Section 13; Thence North 89°58'45" West, on and along the southerly line thereof, 305.00 feet to the True Point of Beginning; Thence continuinq North 89058'45" West, on and along said southerly line, 2,340.88 feet to the southwest corner of the southeast Quarter of said Section ]3; Thence North 00002'47" West, on and along the westerly line of said southeast Quarter, 922.73 feet, more or less, to the south- easterly line of the Southern Pacific Railroad right-of-way as delineated in deed filed in Book 54 of deeds, at Page 270, in the Office of the County Recorder of the County of Kern; Thence North 44°23'14" East, on and along said right-of-way line, 608.22 feet, more or less, to a point on the northerly line of that certain 150-foot wide tower and pole line easement granted to the Pacific Gas and Electric Company in Book 3740, at Page 604, Official Records of Kern County; Thence South 75°09'11" East, on and along said northerly line, 397.55 feet; Thence South 00002'47" East, 155.21 feet, more or less, to a point on the southerly line of said easement; Thence south 75°09'11" East, on and along said southerly easement line, 1,583.89 feet; Thence South 00003'45" East, 695.30 feet, more or less, to the southerly line of aforedescribed southeast Quarter of Section 13 and the True Point of Beginning. FROM AN M-1-D (LIGHT MANUFACTURING-ARCHITEC- TURAL DESIGN) ZONE TO AN R-3 (LIMITED MULTIPLE FAMILY DWELLING) OR MORE RESTRIC- TIVE ZONE: Commencing at the southeast corner of afore- described Section ].3; Thence North 00°01'41" East, on and along the easterly line thereof, 686.86 feet to the True Point of Beginning; Thence North 75°09'11" West, 316.05 feet; Thence South 00003'45" East, 72.44 feet, more or less, to a point on the southerly line of that certain 150-foot wide tower and pole line easement granted to the Pacific Gas and Electric Company in Book 3740, at Page 604, Official Records of Kern County; Thence North 75°09'11" West, on and along said southerly line, 1,231.81 feet; Thence North 14050'49" East, 335.00 feet; Thence South 75°09'11" East, 120.00 feet; Thence North 14050'49" East, 182.72 feet; Thence North 44°23'14" East, 465.75 feet; Thence South 89°56'50" East, 176.43 feet; Thence South 00°03'10" West, 230.00 feet; Thence North 89°58'19" East, 745.00 feet, more or less, to a point on the easterly line of Section 13; Thence South 00°01'41" East, on and along said easterly section line, 896.91 feet, more or less, to the True Point of Begin- ning. FROM AN M-1-D (LIGHT MANUFACTURING-ARCHITEC- TURAL DESIGN) ZONE TO A C-O (COMMERCIAL AND PROFESSIONAL OFFICE), OR MORE RESTRICTIVE ZONE: Commencing at the southeast corner of afore- described Section 13; Thence North 00°01'41" West, on and along the easterly line thereof, 475.26 feet to the True Point of Beginning; Thence continuing, on and along said easterly section line, North 00°01'41" West, 211.60 feet; Thence leaving said section line, North 75°09'11" West, 316.05 feet; 00003'45" East, 292.74 feet; 89°58'19" East, 305.28 feet, to the True Point of Begin- Thence South Thence North more or less, ning. FROM AN M-1-D TURAL DESIGN) (LIGHT MANUFACTURING-ARCHITEC- ZONE TO A C-1 (LIMITED COMMER- CIAL), OR MORE RESTRICTIVE ZONE: Beginning at the southeast corner of Section 13 aforedescribed; Thence North 89°58'45" West, on and along the southerly line thereof, 305.00 feet; Thence North 00003'45" West, 475.00 feet; Thence North 89°58'19" East, 305.28 feet, more or less, to a point on the easterly line of Section 13; Thence South 00°01'41" East, on and along said easterly section line, 475.26 feet, more or less, to the Point of Beginning. FROM AN M-1-D (LIGHT MANUFACTURING-ARCHITEC- TURAL DESIGN) ZONE TO A C-2 (COMMERCIAL), OR MORE RESTRICTIVE ZONE: Beginning at the northeast corner of the southeast Quarter of Section 13 afore- described; Thence South the easterly Thence North Thence South 00°01'41" East, on and along line thereof, 30.00 feet; 89°56'50" West, 74.95 feet; 00°01'41" East, 19.00 feet to a point on a non-tangent curve, concave south- westerly, having a radius of 20.00 feet, from which the radial point of said curve bears South 00°01'41" East; Thence southeasterly, on and along said curve, through a central angle of 89°55'09", an arc distance of 31.39 feet; Thence South 00°01'41" East, 286.10 feet; Thence North 89~58'19" East, 55.00 feet, more or less, to a point on aforesaid easterly line of Section 13; Thence South 00°01'41" East, on and along said easterly line, 705.00 feet; Thence South 89°58'19" West, 745.00 feet; Thence North 00~03'10" East, 1,061.05 feet, more or less, to a point on the northerly line of the southeast Quarter of Section 13; Thence South 89056'50" East, on and along said northerly line, 743.50 feet, more or less, to the northeast corner of said southeast Quarter of Section 13 and the Point of Beginning. FROM AN M-1-D (LIGHT MANUFACTURING-ARCHITEC- TURAL DESIGN) ZONE TO AN A (AGRICULTURAL) OR MORE RESTRICTIVE ZONE: Commencing at the southwest corner of the southeast Quarter of Section 13 afore- described; Thence North 00~02'47" West, on and along the westerly line thereof, 922.73 feet, more or less, to a point on the southeasterly line of the Southern Pacific Railroad right- of-way as delineated in deed filed in Book 54 of deeds, at Page 270, in the Office of the County Recorder of the County of Kern; Thence North 44°23'14" East, on and along said right-of-way line, 608.22 feet to the True Point of Beginning; Thence continuing North 44°23'14", on and along said right-of-way line, 586.32 feet; Thence South 17037'49" East, 310.37 feet to a point on a non-tangent curve, concave to the southeast, having a radius of 75.00 feet, from which the radial point of said curve, bears South 17037'49" East; Thence southerly, on and along said curve, through a central angle of 119~30'06", an arc distance of 156.43 feet; Thence south 42052'05" West, 134.57 feet, more or less, to a point on the northerly line of that certain 150-foot wide tower and pole line easement granted to the Pacific Gas and Electric Company in Book 3740, at Page 604, Official Records of Kern County; Thence North 75°09'11" West, on and along said northerly line, 397.55 feet, more or less, to the aforedescribed southeasterly railroad right-of-way line and the True Point of Beginning. The above changes of zoning are subject to the following requirement: That the Terms and Limitations of the Declaration of Restrictions recorded as to the property that remained M-1-D (Light Manufacturing-Architectural Design) as a result of the rezoning hereby granted, as described in such Declaration recorded February 16, 1984, on Page 533 of Book 5632 of the Official Records of the Kern County Recorder, are hereby incorporated in this Ordinance and continuation of such terms and limitations are expressly made a condition subsequent to the changes of zoning effectuated hereby. This Ordinance shall be posted in accordance with the City Charter provisions days from and after the and shall become effective thirty date of its passage. .......... o0o .......... (30) 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 the 22nd day of Febru&ry , 198~, by the following vote: AYES: COUNCILMEN: BAR'iON, CHILDS, CHRISTENSEN, MOORE, PAYNE, RATTY, ROCKOFE NOES: COUNCILMEN: '~. ~'C"'l'~ ~ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPR~?this 22rid day of ...;February, 1982$ ~MA ~O~ C ~' tyro f/Baker~ APPROVED as to form: Bakersfield AJS/bl 7. LANE ond ~.000 ACS. NO SCALE Zone Change #4043 M-1-D to A, R-l, R-3, C-O, C-1 & C-2 Atlantic Richfield Company Affidavit of osttng Or tuat es 7 STATE OF CALIFORNIA, } County of Kern ss. MARGUERITE ::ANDEl~ON,being duly sworn, deposes and says: That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on ....................... ..F._~...b.f_.u__~:f_.Y._...~...q.. ................................................................ ,19...~..~... he posted on the Bulletin Board at the City Hall, a full, true and correct copy of an ordinance passed by the CounciI of said City at a meeting thereof duly held on ...................F....e....~..r...~.%..r..31_.?....2.. ......................................., 19..5...~.-, which ordinance was numbered ...............~.~.(~. .................New Series, and entitled: 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 THOSE CERTAIN PROPERTIES aN THE CITY OF BAKERSFIELD LOCATED SOUTH OF WHITE LANE, WEST OF SOUTH "H" STREET, NORTH OF PACHECO ROAD, EAST OF H~GHES LANE AND THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF THE SOUTHERN PACIFIC RAILROAD. City Clerk Subscribed and sworn to before me this ..... ~.~.. day of ......~..~.~[.~.~E.[~ .......................19.~.~_. DAWN E. REEDY