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HomeMy WebLinkAboutORD NO 3699ORDINANCE NO. 3 6 9 9 AN ORDINANCE AMENDING TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE AND CITY ZONING MAP NO. 102-16 BY CHANGING THE ZONE OF THE PROPERTY LOCATED AT THE SOUTHWEST CORNER OF OLIVE DRIVE AND FRUITVALE DRIVE KNOWN AS OLIVE DRIVE NO. 2 ANNEXATION. 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 13, 1995, and THURSDAY, NOVEMBER 16, 1995, to consider zoning certain property proposed for annexation to said City, known as OLIVE DRIVE NO. 2 ANNEXATION, and made several general and specific findings of fact which warranted a negative declaration of environmental impact; and WHEREAS, Annexation prezoning area comprises approximately 18 -+ acres of land contiguous to the boundary of the City of Bakersfield, as shown on the attached map marked Exhibit "A"; and WHEREAS, by Resolution No. 84-95 on November 16, 1995, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. P95-0002 to Estate 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 Procedures, 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 13, 1995, in accordance with CEQA; and WHEREAS, the City Council has considered and hereby makes the following findings: 1. All required notices have been given. 2. The provisions of the California Environmental Quality Act (CEQA) have been followed. 3. Based on the Initial Study and comments received, staff has determined that the proposed project could not have a significant effect on the ~ ;~ environment. A Negative Declaration with mitigation measures was advertised a~l ':~,, posted on October 13, 1995, in accordance with CEQA. ~,~, 4. The public necessity, general welfare and good zoning practice justify the proposed change of zone. 5. The proposed zone change 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. 102-16 is hereby amended by changing the zone of said property and extending the boundaries of said map to include that certain property in the County of Kern located at the southwest corner of Olive Drive and Fruitvale Avenue contiguous to the boundary of the City of Bakersfield known as the OLIVE DRIVE NO. 2 ANNEXATION, upon the annexation of said property to the City of Bakersfield, the zoning designations and boundaries of which property are shown on the map marked Exhibit "A", hereto attached and made a part of this ordinance, and are more specifically described in attached Exhibit "B". 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 ,JAN 2 4 1~ , by the following vote: AYES: COUNCILMEMBER DeMOND, CARSON, SMITH, ~, ROWLES, SULLIVAN, SALVAGGIO NOES: COUNCILS!EMBER ABSTAIN: COUNCILMEMBER /~ ABSENT: COUNCILMEMBER Assistant CITY CLERK and Ex Offlci$ Clerk of the Council of the City of Bakersfield APPROVED JAN 2 4 Lq,q$ MAYOR of the City of Bakersfield APPROVED as to form: JUDY SKOUSEN CITY ATTORNEY CARL HERNANDEZ DEPUTY CITY ATTORNEY MO:pjt December 19, 1995 res\o0002.cc -im CITY OF BAKERSFIELD ZONING MAP 102-16 SEC. 16 T,~9s R ~7~ LEGEND ZONE CHANGE P 9~-0002 COUNTY E (1/4) ZONE TO CITY ESTATE ZONE A parcel of land being a portion of the N.E. 1/4 Section 16, T.29S., R.27E., M.D.M., County of Kern, State of California, being more particularly described as follows: Commencing at a point on the East line of said Section 16, distant S. 00° 36' 25" E., 662.90 feet from the N.E. corner of said Section 16; THENCE N. 89° 48' 07" W., 55.01 feet to a point on the west right of way line of Fruitvale Avenue, also being the TRUE POINT OF BEGINNING; THENCE, departing from said right of way line, N. 89° 48' 07" W., 1244.75 feet to a point. on the East right of way line of Jordan Street; THENCE N. 00° 27' 03" W., along said East line, 587.33 feet; THENCE N. 44° 52' 00" E., 28.44 feet to a point on the South right of way line of Olive Drive; THENCE S. 89° 48' 57" E., along said South line, 557.11 feet; THENCE S. 88° 56' 52" E., along said South line, 330.04 feet; THENCE S. 85° 03' 08" E., along said South line, 120.42 feet; THENCE S. 89° 48' 57" E., along said South line, 191.24 feet: THENCE S. 45° 12' 41" E., 28.09 feet to a point on the West right of way line of Fruitvale Avenue; THENCE S. 00° 36' 25" E., along said West line, 301.10 feet; THENCE S. 01° 39' 34" E.. along said West line, 272.17 feet to the TRUE POINT OF BEGINNING Containing 17.17 acres (more or less) 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 29th day of January, 1996 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3699, passed by the Bakersfield City Council at a meeting held on the 24th day of January, 1996, and entitled: AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND CITY ZONING MAP NO. 102-16 BY CHANGING THE ZONING OF THE PROPERTY LOCATED AT THE SOUTHWEST CORNER OF OLIVE DRIVE AND FRUITVALE DRIVE KNOWN AS OLIVE DRIVE NO. 2 ANNEXATION By: /s/ CAROL WILLIAMS City Clerk of the City of Bakersfield