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HomeMy WebLinkAboutORD NO 2833ORDINANCE NO. 2833 NEW SERIES AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE MUNICIPAL CODE OF THE CITY OF BAKERSFIELD BY CHANGING THE LAND USE ZONING OF THAT CERTAIN PROPERTY IN THE CITY OF BAKERSFIELD LOCATED ON THE EAST SIDE OF FAIRFAX ROAD, APPROXIMATELY ONE-HALF MILE NORTH OF PANORAMA DRIVE (CONDITIONAL). 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 that certain property in the City of Bakersfield, located on the East side of Fairfax Road, approximately one-half mile 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 property from R-1 (One Family Dwelling) to R-2 (Limited Multiple Family Dwelling), and the Council has considered said findings and all appear to be true and correct; and WHEREAS, there appears environmental impact which could and to be no substantial detrimental result from the proposed project; 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 hearings for a change of zoning of said property, that a zoning change should be authorized, subject to the following condition: Waiver of vehicular access rights to Fairfax Road shall be recorded. WHEREAS, the City Council has determined and found that this City of Bakersfield. NOW, THEREFORE, BE IT ORDAINED by the City of Bakersfield as follows: zoning ordinance is consistent with the General Plan of the Council of the 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 17.12.020 (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 property in said City, the boundaries of which property are shown on the map hereto attached and made a part hereof, as follows: FROM AN AN R-2 ZONE: R-1 (ONE FAMILY DWELLING) ZONE TO (LIMITED MULTIPLE FAMILY DWELLING) Being a portion of Sections 13 and 14, Town- ship 29 South, Range 28 East, Mount Diablo Base and Meridian described as follows: Beginning at a point on the West line of said Section 13, said point bearing South 00°01'53" East, a distance of 1,050.00 feet from the Northwest corner of said Section 13; Thence South 64°00'00" East, a distance of 220.00 feet; Thence South 45°00'00" East, a distance of 677.32 feet; Thence South 89°39'11" West, a distance of 115.63 feet; Thence South 00~20'49" East, a distance of 74.00 feet; Thence South 61°54'51" West, a distance of 430.05 feet, to a point on the centerline of Fairfax Road; Thence Northwesterly along a non-tangent curve concave Southwesterly with a radius of 1,800.00 feet, through a central angle of 08°45'34", an arc distance of 275.17 feet to a point of tangency, said curve also being the centerline of Fairfax Road; Thence continuing along the centerline of Fairfax Road North 36°50'43" West, a distance of 493.53 feet; Thence North 53°09'17" East, a distance of 376.68 feet to the Point of Beginning. Containing 9.25 acres +. 4. That pursuant to Section 17.52.200 of the Municipal Code of the City of Bakersfield, formal adoption of this Ordinance is deferred until the condition specified below is satisfied and the above-described amendment to the Zoning Map and to Section 17.12.020 of the Municipal Code of the City of Bakersfield be, and hereby is, made subject to the following condition: Waiver of vehicular access rights to Fairfax Road shall be recorded. 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 of the City of Bakersfield at a regular meeting thereof held on the 30th day of ~rch ,1983,bY the following vote: ABSTAINING: COO N_CLLJ%~E N: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVE.D/~is 30th day o~f ]~arch , 1983 MAYOR of he City of Bakersfield APPROVED as to form: CITY [~~ C l,~,akersf~eld J BAKERSFIELD COUNTRY CLUB STATE OF CALIFORNIA, f 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 o~ .....................~X.~,~..__.L ...........................................................................19.1~.;~... 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 ............M...a....r....c..._h....._..~..Q. ..................................................., 19.....8...~., which ordinance was numbereel ..............28~ ......................New Series, and entitled: AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE MUNICIPAL CODE OF THE CITY OF BAKERSFIELD BY CHANGING THE LAND USE ZONING OF THAT CERTAIN PROPERTY IN THE CITY OF BAKERSFIELD LOCATED ON THE EAST SIDE OF FAIRFAX ROAD, APPROXIMATELY ONE-HALF MILE NORTH OF PANORAMA DRIVE (CONDITIONAL). Subscribed and sworn to before me this ....... 1.~... day of .......~1~.~.~ ..................................,19.....8..~..