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HomeMy WebLinkAboutORD NO 2653ORDINANCE NO. 2653 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 COMMONLY KNOWN AS 5341 MOHAWK STREET, AND A PARCEL OF LAND NORTHWEST OF CALIFORNIA AVENUE AND NORTHEAST OF MOHAWK STREET. 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, commonly known as 5341 Mohawk Street, and a parcel of land northwest of California Avenue and northeast of Mohawk Street; and WHEREAS, the Planning Commission as a result of said hearing adopted its Resolution No. 40-81 making and setting forth 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-HOSP. to C-0 Zone (Parcel I) and from A, R-l, R-3-D and C-2-D to C-0 Zone (Parcel II) 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 hearings 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 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 the Negative Declaration. 3. Section 17.12.020 Code of the City of Bakersfield, by changing the land use zoning of certain properties City, the boundaries of which properties are shown on attached and made a part hereof, as follows: (Zoning Map) of the Municipal be and the same is hereby amended in said the map hereto PARCEL I: FROM AN R-1-HOSP. (ONE FAMILY DWELLING- HOSPITAL) ZONE TO A C-O (COMMERCIAL AND PRO- FESSIONAL OFFICE) ZONE: Parcel B of Parcel Map 5715, City of Bakers- field, County of Kern, State of California, as per Map recorded February 5, 1981 in Book 26, Page 43 of Maps in the Office of the County Recorder of said County. PARCEL II: FROM AN A (AGRICULTURAL) ZONE; AN R-1 (ONE FAMILY DWELLING) ZONE; AN R-3-D (LIMITED MULTIPLE FAMILY DWELLING-ARCHITECTURAL DE- SIGN) ZONE; AND A C-2-D (COMMERCIAL-ARCHI- TECTURAL DESIGN) ZONE TO A C-O (COMMERCIAL AND PROFESSIONAL OFFICE) ZONE: That portion of Sections 34 and 35, Town- ship 29 South, Range 27 East, M.D.M., City of Bakersfield, County of Kern, State of California described as follows: Beginning at the Southwest corner of Parcel A of Parcel Map 4370, as per Map thereof filed August 11, 1978 in the Office of the Kern County Recorder in Book 21 of Parcel Maps at Page 78, said point being on the Northwesterly right-of-way line of California Avenue as the same was dedicated to the City of Bakersfield by Grant Deed dated November 4, 1968 and recorded in the Office of the Kern County Recorder in Book 4213 of Official Records at Page 559; Thence along said Northwesterly right-of-way line South 56!35'37" West (record bearing South 56!35'35" West), 636.764 feet to the beginning of a tangent curve concave Easterly of radius of 2,855.187 feet; Thence Southwesterly on and along said curve through a central angle of 27°27'46", an arc distance of 1,368.533 feet to a point of reverse curvature with a second curve, concave Northwesterly of radius of 20.00 feet, from which point the radial point of said curve bears North 60°52'09" West; Thence Westerly on and along said curve through a central angle of 88°04'28", an arc distance of 30.744 feet to a point on the Northeasterly right-of-way line of Mohawk Street as the same is delineated on Parcel Map No. 4898 as per Map thereof filed March 14, 1979 in the Office of the Kern County Recorder in Book 22 of Parcel Maps at Page 98 (and described in Street Right-of- Way Deed to the City of Bakersfield, dated March 5, 1980); Thence along said Northeasterly right-of-way line North 62"47'41" West, 817.998 feet to the beginning of a tangent curve, concave Northeasterly of radius of 1,545.00 feet; Thence Northwesterly on and along said curve, being the Northeasterly right-of-way of said Mohawk Street, through a central angle of 30~12'40", an arc distance of 814.653 feet, more or less to the Southerly right-of-way line of the Carrier Canal; Thence along the Southerly right-of-way of the Carrier Canal the following courses and distances: (1) North 75°18'08' East, 215.664 feet; (2) North 77°16'10" East 442.756 feet; (3) North 78~13'14" East 696.459 feet; (4) North 70~57'27" East 473.455 feet; (5) North 78~36'44" East 215.472 feet; (6) North 66°51'33" East 50.034 feet; (7) North 60°44'13" East 75.086 feet; (8) North 54°55'01" East 58.808 feet; (9) North 44~23'49" East 50.073 feet; (10) North 39"18'57" East 84.890 feet; (11) North 33019'59" East 68.889 feet; (12) North 27°00'35" East 215.108 feet more or less to the Easterly line of said Section 34, distant thereon North 00°03'02" West (record bearing North 00~03'25" West), 1,831.018 feet distant from the East Quarter Corner of said Section 34; Thence along said Easterly line of Section 34, South 00~03'02" East, 166.659 feet to the Southwesterly corner of lands described in Flowage and Access Easement to the City of Bakersfield, which instrument was recorded September 11, 1969 in the Office of the Kern County Recorder in Book 4316 of Official Records at Page 494; Thence along the Southwesterly boundary of said lands South 89°52'07" East, 221.039 feet (record bearing and distance, South 89° 59'12" East, 220.83 feet) to the point of intersection with the Westerly line of Parcel A of said Parcel Map No. 4370; Thence along the Southwesterly boundary of said Parcel A, South 33°24'25" East, 394.01 feet to the POINT OF BEGINNING. EXCEPTING THEREFROM, the following described parcel of land: Beginning at the point of intersection of the Southerly right-of-way line of the said Carrier Canal with the Northeasterly right- of-way line of said Mohawk Street, said point being the beginning of a curve, concave Northeasterly, of radius of 1,545.00 feet; Thence Southeasterly along the Northeasterly right-of-way of said Mohawk Street, through a central angle of 25°27'51", an arc distance of 686.649 feet; Thence North 13°54'26" East, 650.235 feet, more or less, to a point on the Southerly right-of-way of the said Carrier Canal; Thence along said Southerly right-of-way, South 77°16'10" West, 442.756 feet; Thence continuing along said Southerly right-of-way, South 75°18'08" West, 215.664 feet, more or less, to the POINT OF BEGINNING. ......... 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 8th day of July , 1981, by the following vote: CITY CLERK an~' Ex O/fficio Clerk of the Council of the City of Bakersfield APPRO/~ this 8t__~h day of July , MAYOR~ the C~ty of Bakersfield 1981 APPROVED as to form: CITY ATTO~~f the~Cit~f Bakersfield 'N STATE OF CALIFORNIA,} County of Kern {as. PHILIP KELMAR, being duly sworn, deposes and says: That he is the duly appointed, acting and qualified City Clerk of the City of Bakerafield; and that on ............................................~J..y_...~.. ...........................................................19....&..1... he posted on the Bulletin Board at the City Hall, a full, true and correct copy of a Resolution of Intention passed by the Coun&l of said City at a meeting thereof duly held on ................J.~_l.¥._.8 ......................................, 19.~&l.., which Resolution of Intention was numbered .......... ..2..~..~.~. ...................., and entitled: An Ordinance amending Title Seventeen of the Municipal Code o£ the City of Bakersfield by changing the Land Use Zoning of those certain properties in the City of Bakersfield commonly known as 5341 Mohawk Street, and a parcel of land Northwest of California Avenue and Northeast of Mohawk Street. Subscribed and sworn to before me this 13th day of gul~/ ,19 81