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HomeMy WebLinkAboutORD NO 2836 ORDINANCE NO. 2836 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 ON BOTH SIDES OF FAIRFAX ROAD, NORTH OF PANORAMA DRIVE. 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 on both sides of Fairfax Road, North of Panorama Drive; 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 R-1 (One Family Dwelling) Zone to an R-1-CH (One Family Dwelling- Church) or more restrictive Zone, and the Council has considered said findings and all appear to be true and correct; and WHEREAS, there appears to be no substantial detrimental environmental impact which could result from the proposed project; and WHEREAS, the City Council has determined after due con- sideration of said petition and the recommendations of the Plan- ning 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 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. An environmental assessment was made of the project, and a Negative Declaration was adopted by the Planning Commission after a public hearing thereon, and 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: FROM AN R-1 (ONE FAMILY DWELLING) ZONE TO AN R-1-CH (ONE FAMILY DWELLING CHURCH) OR MORE RESTRICTIVE ZONE: Those portions of Sections 13 and 14, Township 29 South, Range 28 East, Mount Diablo Base and Meridian, in the City of Bakersfield, County of Kern, State of Cali- fornia, legally described as follows: Beginning at the West quarter corner of said Section 13 as shown on Tract No. 3933 Unit A, sheet 3 of 3 sheets filed in Book 28 of Maps, Page 63 in the Office of the Kern County Recorder; Thence North 0°01'53" West along the West line of the Northwest quarter of said Section 13 a distance of 868.22 feet to a point on the Southwesterly right-of-way of Fairfax Road, said point also being the beginning of a southwesterly, feet and whose West; non-tangent curve, concave having a radius of 1,745.00 center bears South 56o00'02" -2- Thence along said right-of-way of Fairfax Road Northwesterly through a central angle of 2050'45" an arc distance of 86.67 feet; Thence departing said curve radially, North 53°09'17" East a distance of~ 55.00 feet to the center line of Fairfax Road and the beginning of a non-tangent curve, concave Southwesterly, having a radius of 1,800.00 feet, and whose center bears South 53°09'17" West along the last mentioned line; Thence Southeasterly along said curve through a central angle of 24°49'33" an arc distance of 779.93 feet to the beginning of a tangent reverse curve, concave North- easterly and having a radius of 1,800.00 feet; Thence Southeasterly along said curve through a central angle of 12000'00" an arc distance of 376.99 feet to the beginning of a tangent reverse curve concave Southwesterly, and having a radius of 1,800.00 feet; Thence Southeasterly along last said curve through a central angle of 6°03'31" an arc distance of 190.34 feet; Thence departing non-tangent said curve, South 89°39'11" West a distance of 477.79 feet; Thence North 0°01'59" West a distance of 272.02 feet to a point on the South line of the Northwest quarter of said Section 13; Thence along said South line of the North- west quarter of said Section 13, South 89°39'11" West a distance of 20.00 feet to the Point of Beginning. Contains 7.84+ Acres. FROM AN R-1 (ONE FAMILY DWELLING) ZONE TO AN R-2 (LIMITED MULTIPLE FAMILY DWEL- LING) OR MORE RESTRICTIVE ZONE: AREA "A": That portion of the Northeast quarter of Section 14, Township 29 South, Range 28 East, Mount Diablo Base and Meridian, according to the Official Plat thereof, in the City of Bakersifeld, County of Kern, State of California, legally described as follows: -3- Commencing at the Northeast corner of said Section 14; Thence South 89o42'25" West a distance of 1,321.89 feet; Thence South 0002'02" East a distance of 434.61 feet to the Point of Beginning for this description; Thence continuing South 0o02'02" East a distance of 165.39 feet; Thence North 89059'36" East a distance of 519.02 feet to a point on the centerline of Fairfax Road; Thence North 36050'43" West along the centerline of Fairfax Road a distance of 383.78 feet; Thence South 53°09'17" West a distance of 136.53 feet to the beginning of a tangent curve, concave Northerly, and having a radius of 300.00 feet; Thence along said curve through a central angle of 36°48'41" an arc distance of 192.74 feet to the Point of Beginning. Contains 2.24+ Acres. AREA "D": That portion of the Northeast quarter of Section 14, Township 29 South, Range 28, East, Mount Diablo Base and ~Meridian, in the City of Bakersfield, County of Kern, State of California, legally described as follows: Commencing at a point on the East line of Said Section 14 which bears North 0°01'53" West a distance of 1,592.49 feet from the East quarter corner of said Section 14 as shown on the map of Tract No. 3933 Unit A, Sheet 3 of 3 sheets, filed in Book 28 of Maps, Page 63 in the Office of the Kern County Recorder; Thence South 53°09'17" West a distance of 30.27 feet to a point on the centerline of Royal Coach Circle, and the Point of Beginning for this description; Thence South 53°09'17" West a distance of 346.57 feet to a point on the centerline of Fairfax Road; -4- Thence North 36050'43" West along the centerline of Fairfax Road a distance of 70.11 feet; Thence departing the centerline of Fairfax Road, North 53°09'17" East a distance of 349.07 feet to a point on the centerline of Royal Coach Circle; Thence South 36050'43" East along the centerline of Royal Coach Circle a distance of 34.83 feet to the beginning of a tangent curve, concave Southwesterly and having a radius of 250.00 feet; Thence Southeasterly along said curve through a central angle of 8006'44" an arc distance of 35.40 feet to the Point of Beginning. Contains .56+ Acres (24,444 square feet) AREA "E": That portion of Section 13, Township 29 South, Range 28 East, Mount Diablo Base and Meridian, in the City of Bakersfield, County of Kern, State of Cali- fornia, legally described as follows: Beginning at the Northwest corner of Lot 1 as shown on the map of Tract No. 4197 filed in Book 31 of Maps, Page 185 in the Office of the Kern County Recorder; Thence North 0o20'49" West a distance of 74.00 feet; Thence North 89°39'11" East a distance of 155.62 feet; Thence South 0020'49" East a distance of 74.00 feet; Thence South 89°39'11" West a distance of 155.62 feet to the Point of Beginning. Contains .26+ Acres (11,516 square feet) AREA "F": That portion of Section 13, Township 29 South, Range 28 East, Mount Diablo Base and Meridian, in the City of Bakersfield, County of Kern, State of Cali- fornia, legally described as follows: Beginning at the Northwest corner of Lot 1 as shown on the map of Tract No. 4197 filed in Book 31 of Maps, Page 185 in the Office of the Kern County Recorder; -5- Thence South 314.00 feet; Thence South 267.10 feet; Thence South 296.38 feet; Thence South 143.11 feet to 0020'49" East a distance of 15004'34" East a distance of 41°20'18" East a distance of 2o53'24" East a distance of a point on the South line of the Northwest quarter of said Section 13; Thence South 89°39'11" West along said South line a distance of 403.54 feet to a point which is the intersection of said South line of the Northwest quarter of Section 13 with the centerline of Fairfax Road and which is also the beginning of a non-tangent curve, concave Easterly having a radius of 1,800.00 feet, and whose center bears North 69010'52" East; Thence Northerly along said curve through a central angle of 8047'58" an arc distance of 276.44 feet to the beginning of a tangent, reverse curve, concave Southwesterly and having a radius of 1,800.00 feet; Thence Northwesterly along said curve through a centrail angle of 16°03'31" an arc distance of 504.50 feet; Thence departing radially from said curve North 61°55'19" East a distance of 430.27 feet to the Point of Beginning. Contains 6.95 + Acres. FROM AN R-1 (ONE FAMILY DWELLING) ZONE TO AN OS (OPEN SPACE) OR MORE RESTRIC- TIVE ZONE: AREA "B": That portion of the Northeast quarter of Section 14, Township 29 South, Range 28 East, Mount Diablo Base and Meridian, in the City of Bakersfield, County of Kern, State of California, legally described as follows: Beginning at a point on the East line of said Section 14 which bears North 0°01'53" West a distance of 1,742.49 feet from the East quarter corner of said Section 14 as shown on the map of Tract No. 3933 Unit A, sheet 3 of 3 sheets, filed in Book 28 of Maps, Page 63 in the Office of the Kern County Recorder; -6- Thence continuing along the East line of said Section 14, North 0°01'53" West a distance of 32.00 feet to the beginning of a non-tangent curve, concave North- easterly, having a radius of 13.00 feet and whose center bears North 0°01'53" West along the last mentioned line; Thence Westerly along said curve through a central angle of 57043'40" an arc distance of 13.10 feet to the beginning of a tangent reverse curve, concave Southerly and having a radius of 54.00 feet; Thence Westerly then Southwesterly along said curve through a central angle of 143o07'09" an arc distance of 134.89 feet to the beginning of a non-tangent curve, concave Westerly and having a radius of 20.00 feet; Thence Southerly along said curve through a central angle of 39°41'41" an arc distance of 13.86 feet; Thence departing non-tangent to said curve North 89058'07" East a distance of 111.14 feet to the Point of Beginning. Containing .1308 Acres (5,700 square feet). AREA "C": That portion of the Northeast quarter of Section 14, Township 29 South, Range 28 East, Mount Diablo Base and Meridian, in the City of Bakersfield, County of Kern, State of California, legally described as follows: Beginning at a point on the East line of said Section 14 which bears North 0°01'53" West a distance of 1,742.49 feet from the East quarter corner of said Section 14 as shown on the map of Tract no. 3933 Unit A, sheet 3 of 3 sheets, filed in Book 28 of Maps, Page 63 in the Office of the Kern County Recorder; Thence departing the East line of said Section 14, South 89058'07" West a distance of 209.32 feet to the beginning of a tangent curve, concave Southerly and having a radius of 374.07 feet; -7- Thence Southwesterly along said curve through a central angle of 36048'50" an arc distance of 240.35 feet; Thence departing tangent to said curve South 53°09'17" West a distance of 75.00 feet ~o a point which is the intersection of the centerline of Royal Coach Circle with the centerline of Fairfax Road; Thence South 36050'43" East along the centerline of Fairfax Road a distance of 250.00 feet; Thence North 53°09'17" East a distance of 349.07 feet to a point on the centerline of Royal Coach Circle; Thence South 36o50'43" East along the centerline of Royal Coach Circle a distance of 34.83 feet to the beginning of a tangent curve, concave Southwesterly and having a radius of 250.00 feet; Thence Southeasterly along said curve through a central angle of 8o06'44" an arc distance of 35.40 feet; Thence departing non-tangent to said curve North 43°09'17 East a distance of 30.27 feet to a point on the East line of said North- east quarter of Section 14; Thence along said East line, North 0°01'53" West a distance of 150.00 feet to the Point of Beginning. Contains 2.09+ Acres. 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 ......... -8- 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 13th day of April , 1983, by the following vote: CITY CLERK and' Ex O/fficio Clerk of the Council of the City of Bakersfield APPROVED this 1S'Ch day of April , 198--3 y of Bakersfield APPROVED as to Form: ~ ~ a rsfl ld CITY ATTO~e City ~f-B ke 'e AJS/ld/bl 3-25-83 -9- Z.2 :I~o OG l"-' 400' Aff av of J os ng ®r uau es STATE OF CALIFORNIA, 1 County of Kern ss. PHILIP KELMAR, being duly sworn, deposes and says: That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that or~ ....................A..1~..~'..~...1...._~._4.. ............................................................................, 19...8....3..... he 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 .................A. i3.._r...i....1..........~.~. ..............................................., 19.....8-_.3.., which ordinance 2836 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 IN THE CITY OF BAKERSFIELD LOCATED ON BOTH SIDES OF FAIRFAX ROAD, NORTH OF PANORAMA DRIVE. it~/ Clerk ' Subscribed and sworn to before me this ...:~.f~..l..t)..., day of ..........~P.r..~J .............................,19..~}.~...