HomeMy WebLinkAboutORD NO 3100ORDINANCE NO. 3100 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
THE OLIVE DRIVE 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 DEVILLE HOMES to zone certain property now being annexed to
said City and made several general and specific findings of fact
which warranted a negative declaration of environmental impact,
and with a revision to R-1CH of that property requested to be
designated C-T, recommended approval of the request, as set forth
in Planning Commission Resolution No. 10-87; and
WHEREAS, there appears to be no substantial detrimental
environmental impact which could result from this zoning action;
and
(Segment
and
WHEREAS, the subject to prior approval of GPA 1-87
VII) zoning substantially conforms to the General Plan;
WHEREAS, the City CounciI 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:
A. All the foregoing recitals, and those set forth in
Planning Commission Resolution No. 10-87, are found to be true and
correct.
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
at the southeast corner of Olive Drive and Fruitvale Avenue,
known as the OLIVE DRIVE 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-1 (ONE FAMILY DWELLING), OR MORE
RESTRICTIVE ZONE:
Being a portion of Lots 7, 8, 9 and 24
and all of Lots 10, 22 and 23 in Section
~5, Township 29 south, Range 27 east,
M.D.B.&M., in the County of Kern, State
of California, according to the Sales Map
of Lands of Kern County Land Company,
filed in the Office of the County
Recorder of Kern county on April 8, 1892,
and more particularly described:
Commencing at the northwest corner of
Tract No. 2477 as shown in Map Book 1~,
Page 183 Official Record of said County,
said corner also being the northeast cor-
ner of said Lot 7 and marked by a Kern
County surveyor monument marked
"replaced;"
(1) Thence south 00o29,54,, east along the
east line of said lot 7 (also being the
centerline of Oakhaven Street as shown on
said map of Tract No. 2477) a distance of
571.00 feet to the southeast corner of
Tract No. 3217;
(2) Thence continuing south 00029,54,,
east, along last named east line, 89 feet
+/- to the True Point of Beginning;
(3) Thence continuing south 00029'54,,
east, along the east lines of Lots 7 and
10, 1,985 feet +/-;
(4) Thence south 89o46,54,, east, along
the north line of said Lot 22, 675 feet
+/-;
(5) Thence south 00o29'54,, east, along
the east line of said Lot 22, ~320 feet
+/-;
(6) Thence north 89046'54,, west,
the south lines of said Lots 22,
24, 1,950 feet +/- to a point on
line of the west 55 feet of said
15;
along
23 and
the east
Section
(7) Thence north 00o29'54,, west, along
last named east line, 2,200 feet +/-;
(8) Thence south 89046'54,, east, 440 feet
+/-;
(9) Thence north 00o29'54,, west, 1,700
feet +/- to a point on the south line of
the north 55 feet of said Section 15;
(10) Thence south 89o46'54,, east, along
last named south line, 170 feet +/-;
(11) Thence south 00o29'54,, east, 525
feet +/- to the southwest corner of Tract
No. 3217;
(12) Thence south 89046'54,, east, along
the south line of said Tract, 550 feet
+/-;
(13) Thence south 00029'54,, east, 89 feet
+/-;
(14) Thence south 89046'54" east, 112
feet +/- to the True Point of Beginning.
Containing: 107.6 acres +/-.
TO AN R-1 CH (ONE FAMILY DWELLING-
CHURCH), OR MORE RESTRICTIVE ZONE:
Being a portion of Lots 8 and 9 in
Section 15, Township 29 south, Range 27
east, M.D.B.&M., in the County of Kern,
State of California, according to the
Sales Map of Lands of Kern County Land
Company, filed in the Office of the
County Recorder of Kern County on April
8, 1892, and more particularly described:
Commencing at the northwest corner of
Tract No. 3217 as shown in Map Book 17,
Page 67 Official Records of said County,
said northwest corner being 30.00 feet
south of the northeast corner of said Lot
8;
(1) Thence south 00029'54,' east, along
the east line of said Lot 8 (also being
the centerline) of Oakleaf Street as
shown on said map of Tract No. 3217, a
distance of 25 feet to a point on said
centerline and also a point on the south
line of the north 55 feet of said Section
15;
(2) Thence north 89o46'54', west, along
last named south line 170 feet to the
True Point of Beginning;
(3) Thence south 00029'54" east, and par-
allel with the west line of said Section
15, a distance of 1,700 feet;
(4) Thence north 89046'54" west
+/- to a point on the east line
west 55 feet of said Section 15;
440 feet
of the
(5) Thence north 00029'54" west, along
last named east line 1,700 feet +/- to
the south line of the north 55 feet of
said Section 15;
(6) Thence south 89o46'54" east 440 feet
+/- to the True Point of Beginning.
Containing: 16.6 acres +/-;
Subject to the following conditions of
development:
Sewer service is available at the
intersection of Fruitvale Avenue and
Hageman Road. The Hageman Road trunk
line has the capacity to serve the
entire area under this annexation. At
the time development is proposed along
Fruitvale Avenue, the developer will
be required to extend the trunk line
along the Fruitvale Avenue alignment.
Subject to adopted City policies,
assessment district financing may be
used for the trunk line construction.
- 4 -
The developer wii1 be required to pay
sewer connection fees to Assessment
District 86-2 and the City prior to
issuance of building permits or recor-
dation of a subdivision map. (Public
Works Department)
Dedication of additional right-of-way,
including right turn lanes, for
construction to arterial standards
shall be required for both Olive Drive
and Fruitvale Avenue. The dedication
shall include the quitclaim or subor-
dination of rights to the City by all
interest and easement holders having
the right to place facilities or
otherwise obstruct the free use of
road right-of-way. Where major faci-
lities exist, a common use agreement
may be allowed when deemed appropriate
by the City Engineer. (Public Works
Department)
Future access to Fruitvale Avenue and
to Olive Drive will be limited and
shall be determined at the time of
development or subdivision. The
southern boundary of the proposed
annexation is on the alignment of
Hageman Road, a major collector.
Primary access shall be developed off
Hageman Road. (Public Works
Department)
Provisions shall be made for a stan-
dard intersection, as approved by the
County, of the east-west local street
with Oakhaven Street. (Public Works
Department)
Within thirty days of the approval of
this amendment, the applicant shall
post with the City Engineer a bond in
the amount of $50~000 payable to the
City, to assure payment of 25~ of the
cost of the installation of a traffic
signal at the intersection of
Fruitvale Avenue a~d Olive Drive, and
25% of the cost of the installation of
a traffic signal at the intersection
- 5 -
of Fruitvale Avenue and Hageman Road,
such payment to the City to be made no
later than three years from the appro-
val of this amendment by the City
Council, or upon earlier demand by the
City Engineer.
Prior to any final map being recorded
or building permit issued, the
developer/subdivider shall provide a
drainage study of the entire site, to
be submitted to and approved by the
City Engineer, and designated drainage
basin sites shall be dedicated to the
City. The 10-acre area west of Cherry
Glen Court and Brookdale Avenue shall
also be included. (Public Works
Department)
If the proposed R-1 area is the first
to develop, then as a condition of
development or subdivision, Fruitvale
Avenue shall be constructed to City
arterial standards adjacent to the Ch
areas.
Also, construction on Olive Drive
shall be as approved by the County.
This ordinance shall become effective upon the annexa-
tion of the above-described territory to the City of Bakersfield.
......... 000 .........
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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, 1987 by the
following vote: - '
AYES: COUNCILMEMEERS: CHILDS, CH RJSTENSEN,.-,~, RATry. MOORE, OICKERSON, SALVAGGIO
NOES: COUNCiLMEMBERS: j/~j
ABSENT: COUNC,LMEMBERS: ,.~ ~. ~,.,.~'1~"D
CITY CLERK and 2x ~-~~f the
Council of the City of Bakersfield
APPROVED
May 20, 1987
MAYOR of ' y sfield
APPROVED as to form:
/CITY?ATTORNEY of the City of Bakersfield
AJS/EA/meg
A ANEX 5
O.OLIVE.1
- 7 -
ANNEXATION NO. 314
OLIVE DRIVE NO. i
A parcel of land situated in the County of Kern, State of California, being a
portion of Sections 15 and 16, Township 29 South, Range 27 East, M.D.B.&M. more
particularly described as follows: '
Beginning on the North line of Parcel Map No. 4400, as filed in
Parcel Map Book 21 at Page 35, in the Office of the Kern County
Recorder, at a point on the West right of way llne of Fruitvale
Avenue. The said point being 55 feet West of the East quarter corner
of Section 16, said point being on the Corporate Boundary of the City
of Bakersfield;
THENCE (1) N 0°00'21" E, along the West right of way of Fruitvale
Avenue which is the West line of the East 55 feet of said Section 16s
a distance of 1992.45 feet to the North boundary of Tract No. 3662, as
filed in Map Book 25 at Page 112 in the Office of the Kern County
Recorder;
'rM~NCE (2) Easterly along said North line, a distance of 25 feet to
the West line of the East 30 feet of said Section 16;
THENCE (3) Northerly along the West right of way of Fruitvale Avenue
and said West line of the East 30 feet of Section 16, a distance of
604.32 to the South line of the North 55 feet of said Section 16;
TRENCE (4) Easterly along said South line, a distance of 30.00 feet to
the East line of said Section 16 and also the West line of Section ]5,
'. 29. S., RJ 27 E., M.D.S.&...,
THENCE (5) S 89°46'54" E, along the South line of the North 55 feet
of said Section 15 and said South right of way of Olive Drive, a
distance of 635 feet to the West boundary of Tract No. 3217, as filed
in Map Book 17 at Page 66 in the Office of the Kern County Recorder;
THENCE (6) S 0°29'54" W, along said West line, a distance of 515.998'
feet to the Southwest corner of said Tract No. 3217;
~gNCE (7) S 89°46'54" E, a distance of 517.998 feet;
TRENCE (8) S 00°29'54" E, a distance of 89.00 feet;
THENCE (9) S 89"46'54" E, a distance of 112.00 feet to the East line of
Lot 7 of the "Sales Map of Lands of Kern County Land Company" as filed
in the Office of the Kern County Recorder on April 8, 1892;
5 OliveDr1
THENCE (10) S 0°29'14" W, along East lines of Lots 7 and 10 of said
"Sales Map," a distance of 2002.47 feet to the North line of Lot 22;
THENCE (11) Easterly along said North line, a distance of 660.00 feet
to the East line of said Lot 22;
THENCE (12) Southerly along said East line, a distance of 1320.00 feet
to the South line of Lot 22;
TRENCE (13) Westerly along the South line of Lots 22, 23, and 24 of said
"Sales Map," a distance of 1988.26 feet to the West line of said Section
15;
TRENCE (14) continuing Westerly, along a prolongation of course 13, a
distance of 30.00 feet, to a point on the West right of way of
Fruitvale Avenue. The said point being the West line of the East
30.00 feet of Section 16, T. 29 S., R. 27 E., M.D.B.&M., and on the
Corporate Boundary of the City of Bakersfield;
THENCE (15) North and West along the various courses of the said
Corporation Boundary to the True Point of Beginning.
Containing 134.47~ acres of land, more or less
50liveDrla
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EXHIBIT "B"
AffrayS! of r uan es
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 3100 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 regard-
ing prezoning of property known as the Olive Drive No. 1
Annexation.
City Clerk