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HomeMy WebLinkAboutORD NO 3099ORDINANCE NO. 3099 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING SECTION 17.06.020 OF CHAPTER 17.06 (ZONING MAP) OF THE MUNICIPAL CODE OF THE CITY OF BAKERSFIELD REGARDING PREZONING OF PROPERTY KNOWN AS BERKSHIRE NO. 1 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 hearings on a request by the City of Bakersfield to zone certain property now being annexed to said City and made several general and specific find- ings of fact which warranted a negative declaration of environ- mental impact; and WHEREAS, there appears to be no substantial detrimental environmental impact which couId result from this zoning action; and VI), Plan; WHEREAS, subject to prior approval of GPA 1-87 (Segment the proposed zoning substantially conforms to the General and WHEREAS, the City Council has determined after due con- sideration 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. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: Planning correct. A. All the foregoing recitals and those set forth in Commission Resolution No. 7-87 are found to be true and B. The Negative Declaration for this zoning action is hereby approved and adopted. C. That Section 17.06.020 of Chapter 17.06 (Zoning Map) of the Municipal Code of the City of Bakersfield, be and the same is hereby amended by extending the boundaries of said map to include those certain properties in the County of Kern located contiguous to the boundary of the City of Bakersfield and located north of Hosking Road, east of Highway 99 and south of the Arvin-Edison Canal, known as the BERKSHIRE NO. 1 ANNEXATION, upon the annexation of said property to the City of Bakersfield, the boundaries of which property are shown on the map hereto attached and made a part of this ordinance, and are more specifically described as follows: TO AN R-~ (ONE FAMILY DWELLING), OR MORE RESTRICTIVE ZONE: Portions of Lots 13-20, 30,31 and 32 of Section 25, Township 30 south, Range 27 east, M.D.B.&M., County of Kern, State of California as shown on Sales Map No. 1 of Lands of J.B. Haggin filed May 3, 1889 in the Office of the Kern County Recorder and also portions of Lots 11, 22, 23, 24, 25, 26 and 27 of Section 30, Township 30 south~ Range 28 east~ M.D.B.&M. Kern County California as shown on map of Berkshire Farm Tract filed August 27, 1901 in the Office of the Kern County Recorder, more particularly described as follows: Commencing at the southeast corner of said Section 25 also being the point of intersection of the center lines of Hosking Road (Co. Rd. No. 782-365) and South "H" Street (Co. Rd. No. 140) both roads being 60 feet wide; Thence north along the east line of Section 25 a distance of 30 feet to the north line of the south 30 feet of said section and the True Point of Beginning; Thence west along last named north line, also being the north line of the 60-foot wide right-of-way for Hosking Road, 4.55 feet; Thence continuing along said Hosking Road north line, north 81o00'07" west, 334.88 feet; 00'07" west; Thence north 85o25'54" west, 243.39 feet; Thence north 83047'07" west, 121.23 feet to the east right-of-way line of Freeway 99; Thence north 11031'00" west along last named east right-of-way line 3,809.04 feet to intersect the south line of the right-of-way for the Arvin-Edison Canal; Thence south 89o17'04" east along last named south line 1,041 feet (more or less) to the beginning of a 555 foot radius curve concave to the northwest; Thence northeasterly along said curve (and south right-of-way line) through a central angle of 22009'04", an arc dis- tance of 214.625 feet; Thence north 68°33'31" east along said south line to the beginning of a 445 foot radius curve concave to the southeast; Thence northeasterly along said curve (and south line) through a central angle of 22o09'04", an arc distance of 172.087 feet; Thence south 89o17'04" east along said south line 755.76 feet to the west line of the east 30 feet of said Section 25 and also being the west line of the 60-foot wide right-of-way for South "H" Street; Thence south along last named west line 1,381.56 feet to the south right-of-way line of Berkshire Road (Co. Rd. No. 782-354) said road being 60 feet wide; Thence east along last named south line 1,497.69 feet to the east line of Lot 23 of said Berkshire Farm Tract; Thence north along the east lines of Lots 23, 10 and 9 of last named tract 1,351.34 feet to a point on the south line of the right-of-way for the Arvin-Edison Canal; Thence east along last named south line 660 feet to the northeast corner of Lot 11 of said Berkshire Farm Tract; - 3 - Thence south 3,934.02 feet along the east lines of Lots 11, 22 and 27 to the north line of the south 30 feet of said Section 30 also being on the north line of Hosking Road ; Thence west along last named north 2,128.57 feet to the True Point of Beginning. Containing 271.09 acres (+/-). line EXCEPTING THEREFROM any portion of right-of-way for Berkshire Road or Hosking Road falling within. road TO AN M-1 (LIGHT MANUFACTURING), OR MORE RESTRICTIVE ZONE: A portion of Lots 9 and 10 of Section 30, Township 30 south, Range 28 east in the County of Kern, State of California as shown on map of Berkshire Farm Tract filed August 27, 1901 in Book 1 of Maps at Page 38 in the Office of the Kern County Recorder, more particularly described as follows: Commencing at the west quarter corner of said Section 30 also being the point of intersection of the center lines of Berkshire Road (Co. Rd. No. 354) and South "H" Street (Co. Rd. No. 140), both roads being 60 feet wide; Thence east along the center line of Berkshire Road 30 feet to the east line of the west 30 feet of said Section 30; Thence north along last named east line 30 feet to the north line of Berkshire Road and the True Point of Beginning; Thence continuing north along last named east line 1,291.34 feet to the south line of the right-of-way for the Arvin-Edison Canal; - 4 - Thence east along last named south canal line, a distance of 1,437.26 feet to the northeast corner of said Lot 9; Thence south along the east line of said Lots 9 and 10, a distance of 1,291.34 feet to the north line of Berkshire Road; Thence west along said north line 1,437.67 feet to the True Point of Beginning; Containing 42.70 acres (+/-); Subject to the following conditions of develop- ment: a. Dedicate as South "H" Street right-of-way the east 70' of Section 25. The dedication shall contain a waiver of direct access rights to South "H" Street. Modification of this waiver may be considered at the time of sub- division. b. The applicant shall offer for dedication, with provisions for turn lanes, Berkshire Road to major collector width and Hosking Avenue to major arterial width. c. At the time of development or subdivision, the applicant shall provide sewer service to the site by extending a line easterly from Stine Road along the alignment of ~osking Avenue. Subject to adopted City policies, assessment district financing may be used for the trunk line construction. Required dedications shall be submitted within 90 days of completion of annexation proceedings. All dedications shall include the quitclaim or subordination of rights to the City by all interest and easement holders having the right to place facilities or oth- erwise obstruct the free use of the road right-of-way. Where major facilities exist, a common use agreement may be allowed when determined appropriate by the City Engineer. Zoning Upon Annexation for that portion con- sisting of 50.47 acres located east and south of the industrial designations shall be R-1 (One Family Dwelling) with a minimum lot size of 10,000 square feet. Note: Noise mitigation measures required under the Noise Element of the Bakersfield Metropolitan Area General Plan will provide adequate buffer between industrial uses and residen- tial development proposed west of South "H" Street. Development of the project site may be required to include a buffer wall to obviate potential safety hazards between future industrial and residential uses. All escrow instructions may be required to include a provision specifying all develop- ment of the project site to include a buffer wall to obviate potential safety hazards between future industrial and residential uses. Approval of tentative tract maps may include conditions requiring development of the pro- ject site to include a buffer wall to obvi- ate potential safety hazards between future industrial and residential uses. The developer/subdivider shall provide an overall drainage study and initiate proceed- ings for a Planned Drainage Area. Designated drainage basin sites shall be dedicated to the City. The drainage study shall be submitted to and approved by the City Engineer within 90 days of completion of the annexation proceedings. Required drainage basin sites shall be dedi- cated to the City within the same time period. At the time of development or subdivision, the developer/subdivider shall pay share of costs included in traffic signal construc- be based on $143 per gross acre up to a max- imum contribution of $50,000. - 6 - This ordinance shall become effective upon the annexa- tion of the above-described territory to the City of Bakersfield. ......... 000 ......... 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 May 20, 198Y , by the following vote: AYES: COUNCI, LMEME~ER.S~. CNILOS, CHRISTENSEN.,F~M~T.N~, RATTY, MOORE, OICKERSO~SAIV~GGIO NOES: COUNC,LMEMRERo: ~ A~ENT: COUNCILMEmBERS: ~ ~ ABSTAINING: COUNCILMEM~ERS: ~ ~ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED May 20, 198Y MAYOR of the City of~akersfield APPROVED as to form: NEY of the ~ity of Bakersfield AJS/EA/meg A ANEX 5 O.BERKS.1 - 7 - ANNEXATION NO. 313 BERKSHIRE NO. I A parcel of land situated in the County of Kern, State of California, being a portion of Section 25, Township 30 South, Range 27 East and Section 30, Township 30 South, Range 28 East, M.D.B.&M., more particularly described as follows: Beginning at a point at the Northeast corner of the South 165 feet of Lot 6 of the "Berkshire Farm Tract" as filed in the Office of the Kern County Recorder on August 27,1901. The said point being on the North right of way of the Arvin-Edison Intake Canal and also being on the Corporate Boundary of the City of Bakersfield; Thence (1) S 0°35'36" W, along the East line of Lots 6, 11, 22, and 27 of said "Berkshire Farm Tract", a distance of 3499.84 + feet to the North llne of the right of way line of Hosking Avenue. The sa~d North line also being the North line of the South 30 feet of said Section 30; Thence (2) N 89o30'34" W, along the North right of way line of Hosking Avenue a distance of 2127.52 feet to the West line of said Section 30. The West line also being the centerline of South H Street; Thence (3) N 89011'30" W, along the North right of way llne of Hosking Avenue, a distance of 854.55' The North right of way line also being the North line of the South 30 feet of Section 25, T. 30 S., R. 27 E., M.D.B. &M.; Thence (4) N 81'00'07" W, a distance of 334.88 feet; Thence (5) M 85°~5'54" W~ s distanca of ?~3.39 fe~t; Thence (6) N 83°47'07" W, a distance of 121.23 feet to a point on the East right of way line of State Highway 99 (State Route VI-KER-4-C) as shown on State Highway Map No. 7-1, filed in Book 1, Page 100 in the Office of the Kern County Surveyor; Thence (7) N 11°31' W, along said right of way line, a distance of 2536.25 feet to the centerline of Berkshire Road; Thence (8) continuing N 11°31' W, along said right of way line, a distance of 1350.93 feet to the North right of way line of the Arvin-Edison Intake Canal, and also on the Corporate Boundary of the City of Bakersfield; Thence (9) East and North along the various courses of the said Corporate Boundary to the True Point of Beginning. Containing 381.05 acres of land, more or less 5 Berkshirel © L~ LLI STATE OF CALIFORNIA t ss. 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 June 2 , 19 87 , she 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 May 20 , 19 87 , which ordinance was numbered 3099 New Series, and entitled: An Ordinance of the Council of the City of Bakersfield amending Section 17.06.020 of Chapter 17.06 (Zoning Map) of the Municipal Code of the City of Bakersfield regarding prezoning of property known as Berkshire No. 1 Annexation. City Clerk