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HomeMy WebLinkAboutORD NO 2808ORDINANCE NO. 2808 NEW SERIES AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE MUNICIPAL CODE OF THE CITY OF BAKERSFIELD BY CHANGING THE LAND USE ZONING OF CERTAIN PROPERTY IN THE CITY OF BAKERSFIELD COMMONLY KNOWN AS THE KERN CITY GOLF COURSE. 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 certain property in the City of Bakersfield commonly known as 500 West Columbus Street; 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 OS (Open Space) Council has considered said correct; and or more restrictive zone, and the findings and all appear to be true 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 consideration of said petition and the recommendations of the Planning Commission herein on file, together with the reasons advanced at the Planning Commission and the appeal hearing before the City Council, that the proposed zoning change should be authorized. WHEREAS, the City Council has determined and found that this zoning ordinance is consistent with the General Plan of the City of Bakersfield. NOW, THEREFORE, 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 property in said City, the boundaries of which property are shown on the map hereto attached and made a part hereof, as follows: BE IT ORDAINED by the Council of the City FROM AN R-1 (ONE FAMILY DWELLING) ZONE TO AN OS (OPEN SPACE) ZONE: All that portion of the Kern City Golf Course within the City limits of the City of Bakersfield, County of Kern, State of Cali- fornia. Said area also commonly known as holes 4 and 5 and holes 10 through 18 inclusive, of the Kern City Golf Course, more particularly described as follows: PARCEL 1: Beginning at the Southwest corner of Lot 45 of Tract 3519 in the City of Bakersfield, County of Kern, State of California as per Map recorded November 29, 1971 in Book 22 Pages 154 and 155 in the Office of the County Recorder; Thence southeasterly along the southerly boundary of said Tract 3519 to the South corner of Lot 36, Tract 3519; Thence continuing southeasterly along the southwestern boundary of Tract 3664 in the City of Bakersfield, County of Kern, State of California, as per map recorded August 17, 1973 in Book 24, Pages 199 and 200 in the Office of the County Recorder; Thence southeasterly along the westerly boundary of Tract 3701 in the City of Bakersfield, County of Kern, State of California as per Map recorded August 15, 1974 in Book 25, Pages 146 and 147 in the Office of the County Recorder; Thence southerly along the western boundary of Tract 3702 in the City of Bakersfield, County of Kern, State of California as per Map recorded June 19, 1975 in Book 26, Pages 13 and 14 in the Office of the County Recorder to the northern right-of-way line of Cherry Hills Drive; -2- Thence westerly along the northern right-of- way line of Cherry Hills Drive to the southeast corner of lot 47 of Tract 2560 in the City of Bakersfield, County of Kern, State of California as per Map recorded August 10, 1961 in Book 12, Pages 49 through 53 in the Office of the County Recorder; Thence northwesterly along the City limits boundary and the eastern boundary of said Tract 2560 to the northeast corner of lot 87 of said Tract 2560; Thence westerly along the northern boundary of said Lot 87, 110 feet to the easterly right-of-way line of Cherry Hills Drive; Thence northerly along the easterly right- of-way line of Cherry Hills Drive 41.50 feet to the southwest corner of Lot 45 of Tract 3519 and the Point of Beginning. PARCEL 2: Beginning at the northwest corner of Tract 3372 in the City of Bakersfield, County of Kern, State of California as per Map recorded January 22, 1970 in Book 18, Pages 190 and 191 in the Office of the County Recorder; Thence southerly along the westerly boundary of said Tract 3372 and the westerly boundary of Tract 3767 in the City of Bakersfield, County of Kern, State of California, as per Map recorded December 11, 1975, Book 26, Pages 55 and 56 in the Office of the County Recorder; Thence continuing southerly along the westerly boundary of Tract 3609 in the City of Bakersfield, County of Kern, State of California as per Map recorded July 13, 1972 in Book 24, Pages 65 and 66 in the Office of the County Recorder; Thence southeasterly and easterly along the southern boundary of said Tract 3609 and continuing easterly along the southerly boundary of Tract 3434 in the City of Bakersfield, County of Kern, State of California, as per Map recorded October 1, 1970 in Book 20, Pages 73 and 74 in the Office of the County Recorder to a point 132.09 feet South of the southerly right-of- way line of Cypress Point Driver and on the westerly boundary of Tract 3741 in the City of Bakersfield, County of Kern, State of California as per Map recorded May 11, 1975 in Book 26, Pages 9 and 10 in the Office of the County Recorder; Thence southerly along said westerly boundary of said Tract 3741, 275.52 feet; Thence southwesterly along the boundary of said Tract 3741 to the northeast corner of Tract 3622 in the City of Bakersfield, County of Kern, State of California as per Map recorded December 21, 1972 in Book 24, Page 109 in the Office of the Kern County Recorder; -3- Thence westerly along the northern boundary of said Tract 3622 continuing through and along the northerly boundary of Tract 3692, in the City of Bakersfield, County of Kern, State of California as per Map recorded May 16, 1974 in Book 25, Pages 125 and 126 in the Office of the County Recorder; Thence southwesterly along the northern boundaries of Lots 15 and 16 of Tract 3784 in the City of Bakersfield, County of Kern, State of California as per Map recorded May 14, 1976 in Book 26, Page 106 in the Office of the County Recorder; Thence southerly along the westerly boundary of Lots 15, 14, 13, 12, 11, 10, 9, 8, 7 and 6 of said Tract 3784 to the southwest corner of said Lot 6 of said Tract 3784; Thence westerly along the northerly line of Lots 4, 3, 2 and 7 of said Tract 3784 to the northwest corner of said Lot 1; Thence continuing westerly, and then north- westerly and then northerly along the boundary of Lot 39 of Tract 3887 "Unit A" in the City of Bakersfield, County of Kern, State of California, as per Map recorded February 16, 1978 in Book 27, Pages 163 through 165 in the Office of the County Recorder to the southeast corner of Lot 43 of Tract 3887 "Unit B" in the City of Bakersfield, County of Kern, State of California, as per Map recorded December 20, 1978 in Book 28, Page 129 in the Office of the County Recorder; Thence continuing northerly along said Lot 43 to a point on the southerly line of Lot 45 of Tract 3770 in the City of Bakers- field, County of Kern, State of California as per Map recorded September 30, 1976 in Book 26, Page 145 in the Office of the County Recorder said point also being the northeast corner of said Lot 43; Thence northeasterly along the southerly line of said Tract 3770 and continuing northeasterly and then northerly along the eastern boundary of said Tract 3770, and continuing northerly along the easterly line of Tract 3759 in the City of Bakersfield, County of Kern, State of California, as per Map recorded September 4, 1975, Book 26, Page 26 in the Office of the County Recorder to the northerly corner of Lot 21 of said Tract 3759; Thence northeasterly along the easterly line of Lots 12 and 11 of Tract 3525 in the City of Bakersfield, County of Kern State of California, as per Map recorded April 20, 1972 in Book 23, Page 115 in the Office of the Kern County Recorder, to the southerly right-of-way line of Sundale Avenue; Thence easterly along said southerly right- of-way to the northwest corner of Tract 3372 and the Point of Beginning. -4- 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 and adopted by the Council of the City of Bakersfield meeting thereof held on the 2nd day of February the following vote: foregoing Ordinance was passed at a regular , 1983, by CITY CLERK a~d ExXOfficio Clerk of the Council of the City of Bakersfield / APPROVED. th~ 2nd day of February , 1983 MA R of the ~y of Bakarsfield APPROVED as to form: CITY ATTORN~f of the C~ty of Bakersfield -5- HIGHWAY DESERT £-0 HI LLS DR. :::::) - )E MARET RE WAY 0 Z {[ LOR I NG WAY DP~IVr I I"~600' tlOKTti Aff avit of 1ost ng Ori inatt es STATE OF CALIFORNIA, ~ 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 oa ...................~.~.b...r....u....a...~.y.......~. ...................................................................19...8...~... 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 .........~.~..b....r_u_._a....r....y.......~..~ ................................................, 19.~.?....., which ordinance was numbere&~..8..~.8 ..................................New Series, and entitled: An Ordinance amending Title Sew~nteen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of certain property in the City of Bakersfield commonly known as the Kern City Golf Course. gity Clerk Subscribed and sworn to before me this .... ~.~.]~...... day of .......l~e.b.E~.az~.Y .......................,19..~..~...