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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 ......... - 6 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 ~,EC JO T29.~ ,z~-~ .77 T295 RZ-/E R27E COJN TY 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