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Home My WebLink AboutORD NO 3629ORDINANCE NO. 8 6 2 9 AN ORDINANCE AMENDING TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE AND CITY ZONING MAP NO. 123-23 BY PREZONING PROPERTY LOCATED SOUTH OF MILO AVENUE, NORTH OF TYNDALL AVENUE BETWEEN MARBELLA STREET AND MARIN 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 held a public hearing on MONDAY, NOVEMBER 14, and THURSDAY, NOVEMBER 17, 1994, to consider zoning certain property proposed for annexation to said City, known as Prezoning No 5602, and made several general and specific findings of fact which warranted a negative declaration of environmental impact; and WHEREAS, the prezoning area comprises 52 acres of land contiguous to the boundary of the City of Bakersfield, as shown on the attached map marked Exhibit "B"; and WHEREAS, by Resolution No. 63-94 on November 17, 1994, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Prezoning No. $602 to Residential Suburban zone, as set forth in said resolution; and WHEREAS, the law and regulations relating to the preparation and adoption of Negative Declarations, as set forth in CEQA and City of Bakersfield's CEQA Implementation Procedm'es, have been duly followed by city staff, Planning Commission and this Council; and WHEREAS, this Council has fully considered the findings made by the Planning Commission as set forth in that resolution; and WHEREAS, a Negative Declaration was advertised and posted on October 19, 1994, in accordance with CEQA; and WHEREAS, the City Council has considered and hereby makes the following findings: 1. All public notices have been given. 2. The provisions of the California Environmental Quality Act (CEQA) have been followed. 3. Based on the initial study, staff has determined that the proposed project, as recommended, could not have a significant effect on the environment. A Negative Declaration was advertised and posted on October 19, 1994, in accordance with CEQA. 4. Proposed prezoning No. 5602 is consistent with the Metropolitan Bakersfield 2010 General Plan. WHEREAS, the City Council has determined after due consideration of the motion and recommendation of the Planning Commission, herein on file, together with the reasons advanced at the Planning Commission hearing, that said zoning should be authorized upon annexation of said property to the City. SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: All of the foregoing recitals are hereby found to be true and correct. and adopted. The Negative Declaration for this zoning action is hereby approved 3. That Title Seventeen of the Bakersfield Municipal Code of the City of Bakersfield and City Zoning Map No. 123-23 is hereby amended by prezoning said property and extending the boundaries of said map to include that certain property in the County of Kern located south of Milo Avenue, north of Tyndall Avenue between Marbella Street and Marin Street contiguous to the boundary of the City of Bakersfield the zoning designations and boundaries of which property are shown on the map marked Exhibit "B", hereto attached and made a part of this ordinance, and are more specifically described in attached Exhibit "A". SECTION 2. This ordinance shall be posted in accordance with the Bakersfield Municipal Code and shall become effective not less than thirty (30) days from and after the date of its passage. ......... 000 ......... 2 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 FEB 0 3 ~395 , by the following vote: ALES: L~UNCILMEMBER DeMOND, .oEs: cot~cx~ ABSTAIN: COUNCILMI~MBER ABSENT: COUNCILME~ER Council of the City of Bakersfield APPROVED FEB o $ %~5 MAYOR of the City of Bakersfield APPROVED as to form: JUDY SKOUSEN CITY ATTORNEY ASSISTANT CITY ATTORNEY MO:pjt January 19, 1995 res\o5602.cc EXHIBIT "A" COUNTY E 1/2 - RS (ESTATE - 1/2 ACRE, RESIDENTIAL SUBURBAN COMBINING) ZONE TO CITY RS (RESIDENTIAL SUBURBAN) ZONE. A parcel of land being a portion of Section 23, Township 30 South, Range 27 East, M.D.M., County of Kern, State of California, more particularly described as follows: Beginning at the point of intersection of the south line of the north 30 feet and the west line of the east 45 feet of the southwest 1/4 of said Section 23; THENCE South 00o00'39" West, along said west line, 1292.50 feet to a point on the south line of the northeast 1/4 of the southwest 1/4 of said Section 23, also being a point on the south boundary line of Tract No. 3314, filed in map book 18, Page 196 in the office of the Kern County Recorder; THENCE along the exterior boundary of said Tract No. 3314 for the following (4) courses: 1. Thence North 89'43'10" West, 813.97 feet; 2. Thence North 00'01'18" East, 237.82 feet; 3. Thence South 89'41'46" East, 20.30 feet; o Thence North 00'01'18" East, 1040.00 feet to a point on the south line of the north 45 feet of the southwest 1/4 of said Section 23; Thence South 89°41'46" East, along said south line, 132.56 feet; Thence North 00'01'18" East, 15.00 feet to a point on the south line of the north 30 feet of said southwest 1/4 section. Thence South 89'41'46" East, along said south line, 615.86 feet to the point of beginning. Containing 19.67 acres (net) COUNTY E 1/2 - RS (ESTATE - 1/2 ACRES, RESIDENTIAL SUBURBAN COMBINING) ZONE TO CITY RS (RESIDENTIAL SUBURBAN) ZONE. A parcel of land being a portion of Section 23, Township 30 South, Range 27 East, M.D.M., County of Kern, State of California, more particularly described as follows: Beginning at the point of intersection of the south line of the north 30 feet and the west line of the east 45 feet of the southwest 1/4 of said Section 23; Thence North 89'41'46" West, along said south line, 615.86 feet; Thence North 00'01'18" East, 30.00 feet to a point on the south line of the northeast 1/4 of said Section 23, said point also being the southwest corner of the exterior boundary of Tract NO. 3132, filed in Map Book 16, Page 64 in the office of the Kern County Recorder; Thence North 00'00'49" East, along the west boundary line of said tract, a distance of 1322.89 feet to the northwest corner thereof; Thence South 89'40'32" East along the north boundary line of said tract, a distance of 1321.59 feet to the northeast corner thereof; Thence South 00'00'29" West along the east boundary line of said tract (and southerly prolongation thereof), 1352.42 feet to a point on the south line of the north 30 feet of the south 1/2 of said Section 23; Thence North 89°41'46" West, along said south line, 705.86 feet the point of beginning. Containing 32.71 acres (net) F:Exh120894 RTY:wrn 2 -- 125-25 R.27E. MH R-$ R-$ R-$ CITY OF B~KERSFIELD ZONING MAP SEC. 23 T. 3,0 s. LEGEND AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) County of Kern ) CAROL WILLIAMS, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 15th day of February, 1995 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3629, passed by the Bakersfield City Council at a meeting held on the 8th day of February, 1995, and entitled: AN ORDINANCE AMENDING TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE AND CITY ZONING MAP NO. 123-23 BY PREZONING PROPERTY LOCATED SOUTH OF MILO AVENUE, NORTH OF TYNDALL AVENUE BETWEEN MARBELLA STREET AND MARIN STREET By: /s/ CAROL WILLIAMS City Clerk of the City of Bakersfield DEPUTY City Clerk