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.
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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;
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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.
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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.
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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
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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...~..