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.
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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
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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