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HomeMy WebLinkAboutORD NO 2965ORDINANCE NO. 2965 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 STOCKDALE HIGHWAY, EAST OF BUENA VISTA ROAD, AND NORTH OF THE PROPOSED WESTERLY PROLONGA- TION OF MING AVENUE, EAST OF BUENA VISTA ROAD. 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 has held a public hearing on a petition to change the land use zoning of those certain properties in the City of Bakersfield located south of Stockdale Highway, east of Buena Vista Road, and north of the proposed westerly prolongation of Ming Avenue, east of Buena Vista Road; 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 properties from an A (Agricultural) Zone to a C-2 (Commercial) or more restrictive Zone, and the Council has considered said findings and all appear to be ture and correct; and WHEREAS, on the basis of Assessment, it was determined that together with related general plan an Initial Environmental the proposed zone change, and annexation actions, could have a significant effect on the environment and an Environmental Impact Report (EIR) was prepared in accordance with the require- ments of the California Environmental Quality Act (CEOA), the State EIR Guidelines and City Cou~cil Resolution No. 132-83, a Statement of Overriding Considerations was adopted by the Planning Commission and this Council thereon, and the Final EIR has this date been certified as complete by this Council. WHEREAS, the City Council bas 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 a change of zoning of said properties that a zoning change should be authorized; and WHEREAS, the City Council has determined and found 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 be true and correct. 2. 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: PROM AN A (AGRICULTURAL) ZONE TO A C-2 (COMMERCIAL) OR MORE RESTRICTIVE ZONE Commencing at the Southwest corner of Section 6, Township 30 North, Range 27 East, of the Mt. Diablo Base and Meridian, in the County of Kern, State of California, also being the centerline of the existing Buena Vista Road running North & South, hereafter called the "True Point of beginning"; Thence S 89° 11' 19" E, South line of Section 6, 1,370.00 feet; Thence N 00© 48' 41" E, Thence N 89° 1t' 19" W, Thence N 44o11' 19" W, on and along the a distance of 523.70 feet; 370.00 feet; 888.07 feet, to the beginning of a non-tangent curve, concave to the Northwest, having a radius of 1,400.00 feet, from which point the radial point of said curve bears N 02° 05' 30" W; that to Thence Southwesterly, on and along said curve, through a central angle of 02° 55' 43", an arc distance of 71.56 feet; Thence N 89° 09' 47" W, 300 feet, to a point on the West line of said Section 6; Thence S 00° 50' 13" W, 1,150.00 feet, along said section line to the "True Point of Beginning"; EXCEPTING THEREFROM that portion within road right-of-way. FROM AN A (AGRICULTURAL) ZONE TO AN R-4 (MULTIPLE-FAMILY DWELLING) OR MORE RESTRICTIVE ZONE. Commencing at the Southwest corner of Section 6, Township 30 North, Range 27 East, of the Mt. Diablo Base and Meridian, in the County of Kern, State of California, also being the centerline of the existing Buena Vista Road running North and South; Thence S 89° 11' 19" E, on and along the South line of Section 6, a distance of 1,370.00 feet; Thence N 00° 48' 41" E, 523.70 feet hereafter called the "True Point of Beginning"; Thence N 89° 11' 19" W, 370.00 feet; Thence N 44° 11' 19" W, 888.07 feet to the beginning of a non- tangent curve, concave to the Northwest, having a radius of 1,400 feet, from which point the radial point of said curve bears N 02° 05' 30" W; Thence Northeasterly, on and along said curve through a central angle 27° 34' 17", an arc distance of 673.70 feet; Thence S 29° 39' 47" E, 497.83 feet, to the beginning of a tangent curve, concave to the Southwest, having a radius of 770.00 feet; Thence Southeasterly on and along said curve, through a central angle of 30° 28' 28", an arc distance of 409.547 feet, to the "True Point of Beginning". FROM AN A (AGRICULTURAL) ZONE TO A C-0 (COMMERCIAL AND PROFESSIONAL OFFICE) OR MORE RESTRICTIVE ZONE. PARCEL 1 Commencing at the Southwest corner of Section 6, Township 30 North, Range 27 East, of the Mt. Diablo Base and Meridian, in the County of Kern, State of California, also being the centerline of the existing Buena vista Road running North and South; Thence S 89° 11' 19" E, on and along the South line of Section 6, a distance of 1,370.00 feet, hereafter called the "True Point of Beginning"; Thence N 89° 11' 19" W, 620.00 feet; Thence N 00° 48' 41" E, 300.00 feet, to the beginning of a tangent curve, concave to the Southeast, having a radius of 1,500.00 feet; Thence Northeasterly on and along said curve, through a central angle of 08° 34' 37", an arc distance of 224.54 feet, from which point the radial point of said curve bears N 80° 36' 42" W; Thence N 89° 11' 19" W, 636.77 feet; Thence S 00° 48' 41" W, 523.70 feet, to the "True Point of Beginning". EXCEPTING THEREFROM that portion within road right-of-way. PARCEL 2 Commencing at the Northwest corner of Section 6; Thence S 00° 50' 50" W, on and along the West line of said section, a distance of 1,185.589 feet to the point of intersec- tion with the North right-of-way line of the existing Stockdale Highway and the "True Point of Beginning"; Thence Easterly, on and along said right- of-way line the following courses (1) N 71° 58' 45" E, 1,134.467 feet, to the beginning of a tangent curve, concave to the South, having a radius of 1,855.00 feet; Thence (2) Easterly, on and along said curve, through a central angle of 13° 36' 46", an arc distance of 440.721 feet; Thence (3) N 85° 35' 31" E, 1,273.495 feet, to the beginning of a tangent curve, concave to the North; having a radius of 3,945.00 feet; Thence (4) Easterly, on and along said curve, through a central angle of 15° 12' 40", an arc distance of 1,047.325 feet; Thence (5) N 70° 22' 51" E, 84.927 feet; Thence S 14° 22' 39" E, 74.709 feet; Thence S 75° 37' 21" W, 445.706 feet, to the beginning of a tangent curve, concave Southeasterly, having a radius of 2,000.00 feet; Thence Southwesterly, on and along said curve, through a central angle of 28° 52' 46", an arc distance of 1,008.083 feet; Thence S 46° 44' 35" W, 606.877 feet, to the beginning of a tangent curve, concave Northwesterly, having a radius of 2,000.00 feet; Thence Southwesterly, on and along said curve, through a central angle of 30° 10' 54", an arc distance of 1,053.535; Thence N 00° 50' 50" E, 668.597 feet; Thence N 89° 09' 10" W, 850.00 feet; Thence S 17° 00' 26" W, 675.00 feet, to the beginning of a non-tangent curve, concave Northeasterly, having a radius of 2,000.00 feet, from which point the radial point of said curve bears N 17° 00' 26" E; Thence Northwesterly, on and along said curve, through a central angle of 06° 18' 33", an arc distance of 220.228 feet, to a point on the West line of Section 6: Thence N 00° 50' 50" E, on and along said section line, a distance of 679.642 feet, to a point on the North right-of-way line of Stockdale Highway and the "True Point of Beginning". 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. .......... 000 .......... I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council o~ the City of Bakersfield at a regular meeting thereof held on the 20th .flay of February , 19 8~ by the following vote: K and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED this 20th day of February , 19 8__5 MAYOR of the City of ~akersfield APPROVED as to form: CITY A/~T~TT~R~e~lty of Bakersfield AJS/bl 6. LEGEND: ....... Cily Lirails .Line i:[] Project Site c o AIoC-O to ~ 1o C.O SEGMENT ~ PROPOSED ZONING ZUA 4245 BUENA VISTA NO. I TO A C-O ZONE ZC 4246 AIoC-O, C-2 ~ R-4 Affi av ! of 1ost ng r nan=es STATE OF CALIFORNIAl ss. County of Kern } MARGUERITE ANDERSON, Being duly sworn, desposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on February 22 , 19 8,5 , she posted on the Bulletin Board at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held on February 20 , 19 85 , which ordinance was numbered 2965 New Series, and entitled: AN ORDINANCE OF TEH COUNCIL OF THE CITY OF BAKERSFIELD AMENIDNG 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 STOCKDALE HIGHWAY, EAST OF BUENA VISTA ROAD, AND NORTH OF THE PROPOSED WESTERLY PROLONGA- TION OF MING AVENUE, EAST OF BUENA VISTA ROAD. City Clerk Subscribed and sworn to before me this 25th dayof Februar3~ ,