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HomeMy WebLinkAboutORD NO 2803ORDINANCE NO. 2803 NEW SERIES AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE MUNICIPAL CODE OF THE CITY OF BAKERSFIELD BY CHANGING THE LAND USE ZONING OF THOSE CERTAIN PROPERTIES IN THE CITY OF BAKERSFIELD LOCATED SOUTH OF STATE ROUTE 178 AND WEST OF OSWELL STREET. (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 those certain properties in the City of Bakersfield located south of State Route 178 and west of Oswell 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 properties from R-1 (One Family Dwelling) Zone to C-2 (Commercial) Zone subject to the following five conditions: Developer shall participate in the funding of a traffic signal at the intersection of Bernard and Oswell Streets. The amount shall be 50 percent of the total cost up to a maximum of $50,000. A surety bond shall be posted within ten (10) days after the adoption of this Reso- lution assuring the City of Bakers- field of an amount of up to $50,000 for said improvement from developer. Such bonded amount will be due and payable upon demand of the City Engineer upon or after issuance of the first building permit for development on said property. A Declaration of Restrictions shall be recorded against such property and shall contain use restrictions and maintenance requirements no less restrictive than those set forth in a draft of such dated Declaration dated August 24, 1982, and attached as Exhibit "A" to City Council Resolution No. 120-82. The recorded restrictions shall provide that the City of Bakersfield is a third party beneficiary of the Declaration with the right to enforce such restric- tions and requirements. d o eo Each of the following uses will be allowed on the property only upon the granting of a Conditional Use Permit therefore: 1) Service station (except as incidental to operation of department or discount store). Electric distribution station. Furniture and/or automobile upholsterer. Warehouse for storage of personal household goods. 5 Garage 6) Automobile or tourist court. 7) Plant nursery (except as incidental to operation of department or discount store. 8) Printing, lithography, or publishing business. 9) Rental or sale of refrigerated locker space. 10) Storage garage. 11) Tinsmith, plumbing or sheet- metal shop. 12) Car washes Should developer, as defined in said Declaration of Restrictions dated August 24, 1982, allow uses described in Paragraph 1 (permitted uses) of said Declaration prior to the five year period, the City shall also allow said uses. Should developer, as defined above, allow uses described in Paragraph seven (prohibited uses) of said Declaration expressly described as sale of furniture, sale of liquor, fast food and convenience store (such as "7-11"), the City shall also allow said uses. -2- WHEREAS, the Council has considered said findings and all appear to be true and correct; and WHEREAS, the bond required pursuant to condition a. above, has been presented to the City and a contract related thereto has been tendered fully executed on behalf of the developer; and WHEREAS, a Declaration of Restrictions (Draft No. 6, dated December 3, 1982) has been presented to the City for approval prior to recording, which Declaration upon recordation shall implement Conditions b, d, and e, above; and WHEREAS, there appears to be no substantial detrimental environmental impact which could result from the proposed project; and WHEREAS, sideration of said the City Council has determined after due con- 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 subject to the above specified five conditions, should be authorized; and 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, 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. Subject to Conditions a, b, c, d, and e, set forth above, 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 A C-2 (COMMERCIAL) OR MORE RESTRICTIVE ZONE: "EXHIBIT A" All that portion of the Northeast Quarter of Section 22, Township 29 South, Range 28 East, Mount Diablo Meridian, in the City of Bakersfield, County of Kern, State of Cali- fornia, according to the official plat thereof, being more particularly described as follows: Commencing at the Northeast corner of said section; Thence South 0°29'16" East, along the East line of said section, 1492.96 feet to the Southeast corner of the North Half of the North Half of the Northeast Quarter of the Southeast Quarter of the Northeast Quarter of said section; Thence South 89018'28" West, 659.71 feet to the Southwest corner of said North Half of the North Half of the Northeast Quarter of the Southeast Quarter of the Northeast Quarter; Thence North 0027'23" West, 165.83 feet to the Northwest corner of said North Half of the North Hal of the Northeast Quarter of the Southeast Quarter of the Northeast Quarter and the true point of beginning; -4- Thence South 89°18'10" West, along the South line of the South Half of the Southwest Quarter of the Northeast Quarter of the Northeast Quarter of said section, 659.62 feet to the West line of the East Half of the Northeast Quarter of said section; Thence North 0°25'31" West, along said West line, 54.00 feet; Thence North 34o25'28" West, 334.22 feet to the South line of State Highway Route 178 as defined in deeds to State of California Recorded March 24, 1964 in Book 3707, Page 480, Official Records and Recorded October 9, 1963 in Book 3652, Page 377, Official records and in deed from State of California Recorded August 3, 1972 in Book 4707, Page 128, Official Records; Thence along said South line the following courses: North 89°17'16" East, 591.89 feet; Thence North 24037'49" East, 365.41 feet to the beginning of a 790.00 foot radius non- tangent curve concave to the South, through which a radial line of said curve bears North 12o05'09" East; Thence easterly along said curve, through a central angle of 16051'34", an arc distance of 232.46 feet to a point in a non-tangent line, through which a radial line of said curve bears North 28°56'43" East; Thence South 52052'28" East, 247.08 feet to the beginning of a 270.82 foot radius non- tangent curve concave to the North, through which a radial line of said curve bears South 36o14'09" West; Thence easterly along said curve through a central angle of 36°42'12", an arc distance of 173.48 feet; Thence North 89031'57" East, 101.47 feet; Thence South 35°37'19" East, 49.49 feet to a point on the North line of the South Half of the Southeast Quarter of the Northeast Quarter of the Northeast Quarter of said section, and the end of said South line of State Route 178, said point being 55.00 feet West of, as measured at right angles to, said East line of Section 22; Thence South 89017'35" West, 604.44 feet to the Northwest corner of said South Half of the Southeast Quarter of the Northeast Quarter of the Northeast Quarter; Thence South 0o27'23" East, 331.66 feet to the True Point of Beginning. Containing 8.77 acres, more or less. -5- 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. ......... o0o ........ 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 19%h day of January , 1983, by the following vote: AYES: COUNCILMEN: ~"T~N, CHRISTENSEN, MEANS, PAYNE, RA'FrY, ROCKOFF, gi'R~ · CITY CLERK and/Ex Officio Clerk of the Council of the City of Bakersfield APPROVED this 19%b day of January , 1985 the Ci%y of Bakersfield APPROVED as to Form: CItY AT~_~RNEY of t~e City of Bakersfield -6- Aff't at t of Iosttng ( r tnatt es STATE OF CALIFORNIA, t 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 on ......................................J...a...?-_.u....a..!LY_....2_.6...,. ...................................................., 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 ..........J....a...[Lu....a....r....Y......~..~..~ ................................................, 19..~.-3....., which ordinance was numbered~ ..................~.~.~.~ .................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 those certain properties in the City of Pakersfield located south of State Route 178 and west of Oswell Street. (Conditional) Cit~y Clerk Subscribed and sworn to before me this .... ~.~..t.'2. day of ..........~T~a~_~!~i~!i,E .....................,19...8...~..