HomeMy WebLinkAboutORD NO 3116ORDINANCE NO. 03116 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. 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 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 could result from this zoning action;
and
WHEREAS, the proposed zoning substantially conforms to
the General Plan; 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:
A. All the foregoing recitals 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
north of Hosking Road, easterly of South "H" Street and south of
the Arvin-Edison Canal, known as the BERKSHIRE NO. 2 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 specifi-
cally described as follows:
FROM COUNTY A (EXCLUSIVE AGRICULTURE) AND
COUNTY E-~ (ESTATE ~ ACRE) TO CITY R-1
(ONE FAMILY DWELLING) ZONE:
A parcel of land situated in Section 30,
Township 30 South, Range 28 East, M.D.B.&M.,
in the unincorporated area of the County of
Kern, State of California, more particularly
described as follows:
That portion of Lot 12, all of Lot 21 and
that portion of Lot 28, as shown on map of
Berkshire Farm Tract filed August 27, 1901,
in Book 1, Page 38, in the Office of the
Kern County Recorder, lying between the
South right-of-way line of the Arvin-Edison
Canal as said south line is described in
Parcel 1C-3 of that certain Order of Condem-
nation recorded in Book 3972, Page 201, of
Official Records in the Office of the Kern
County Recorder and the north line of Hosking
Avenue (also being the north line of the
south 30 feet of said Section 30).
Containing 59.60 acres (more or less).
This ordinance shall be posted in accordance with the
City Charter provisions and shall become effective upon the
annexation of the above-described territory to the City of
Bakersfield, but not less than thirty (30) days from and after
the date of its passage.
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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 ___ August 26, 1987 _, by the
following vote:
AYES: COUNCILIVIEMB~'~RS,~ CHILDS, CHlitlSTENSEN, S~AITH, RATTY, MOORE. DICKERSOI'~, SALVAGGIO
NOES: COIJNGILMEMBE, P ~L.~ ~
ABSENT: COUNCIL~.~k,~[ "' ~.'
CITY CLERK and Ex Officio Cler~ of the
Council of the City of Bakersfield
APPROVED August 26, 1987
MAYOR of the City of B~ersfield
APPROVED as to form:
--CI Y A~~of ~ ~~of Baker s field
EA/AJS/meg
4:0.BERK2.1
ZONING UPON ANNEXATION #4623
From County A(Exclusive Agriculture)
& E-l/4(Estate 1/4 acre) to City
R-1 (Single Family Residential)
RESOLUTION NO. 28-87
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD
PREZONING RESOLUTION AND FINDINGS OF
FACT IN REGARD TO AN APPLICATION BY THE
PLANNING COMMISSION TO ZONE UPON
ANNEXATION TO THE CITY OF BAKERSFIELD
THAT CERTAIN PROPERTY IN THE COUNTY OF
KERN LOCATED NORTH OF HOSKING ROAD,
EASTERLY OF SOUTH "H" STREET AND SOUTH
OF THE ARVIN-EDISON CANAL AND CONTIGUOUS
TO THE BOUNDARY OF THE CITY OF BAKERSFIELD
KNOWN AS THE BERKSHIRE NO. 2 ANNEXATION.
WHEREAS, THE CITY OF BAKERSFIELD has proposed the pre-
zoning of certain properties before annexation to the City of
Bakersfield known as BERKSHIRE NO. 2 ANNEXATION, such zoning to
become effective upon annexation, as hereinafter described and
set forth and designated upon the Zoning Map incorporated within
and made part of Title Seventeen of the Municipal Code as
follows, to wit:
FROM COUNTY A (EXCLUSIVE AGRICULTURE) AND
COUNTY E-~ (ESTATE ~ ACRE) TO CITY R-1
(ONE FAMILY DWELLING), OR MORE
RESTRICTIVE ZONE:
A parcel of land situated in Section 30,
Township 30 South, Range 28 East,
M.D.B.&M., in the unincorporated area of
the County of Kern, State of California,
more particularly described as follows:
That portion of Lot 12, all of Lot 21 and
that portion of Lot 28, as shown on map
of Berkshire Farm Tract filed August 27,
1901 in Book 1, Page 38 in the Office of
the Kern County Recorder, lying between
the South right-of-way line of the
Arvin-Edison Canal as said South line is
described in Parcel 1C-3 of that certain
Order of Condemnation recorded in Book
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3972, Page 201 of Official Records in the
Office of the Kern County Recorder and
the North line of Hosking Avenue (also
being the North line of the South 30 feet
of said Section 30).
Containing 59.60 acres (more or less)
WHEREAS, said Planning Commission through its secre-
tary, did set June 18, 1987 at the hour of 5 p.m., in the
Council Chamber of City Hall, 1501 Truxtun Avenue, Bakersfield,
California, as the time and place for a public hearing before
said Planning Commission; and notice of said public hearing was
given in the manner provided in Title Seventeen of the
Bakersfield Municipal Code;
and
given
and
WHEREAS, at said public hearing, there was no testimony
against the annexation or against the proposed prezoning;
WHEREAS, at said public hearing, said Zoning Upon
Annexation was duly heard and considered, and the Planning
Commission found and resolved as follows:
Zoning:
1. Public necessity, convenience, general welfare and good plan-
ning practice justify the Zoning Upon Annexation.
2. The Zoning Upon Annexation will be compatible with future and
existing development on the surrounding properties.
Public participation and notification requirements pursuant to
Sections 65854 and 65090-65091 of the Government Code of the
State of California were duly followed.
Proposed zone designations are in conformance with the City of
Bakersfield General Plan, subject to prior approval of General
Plan Amendment 2-87, Segment VI.
Proposed Zoning Upon Annexation will not have a significant
adverse effect on the environment and a Negative Declaration
was posted and advertised on June 5, 1987, in accordance
with CEQA.
6. Proposed zone designations did not meet with any adverse writ-
ten or oral comments.
7. The Berkshire No. 2 Annexation Prezoning area comprises of
59.60 acres of undeveloped land contiguous to existing city
limits.
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The proposed prezoning districts are intended to accommodate
all existing land use and current density. Prezoning is com-
parable to existing county zoning and is consistent with
existing land use in the area.
9. The prezoning will not affect city service levels and capacities.
10.
An Initial Study was prepared, noticed and distributed for
the proposed prezoning. Said study found no adverse impact
to the existing and future environment of the area resulting
from the proposal, and recommended the approval of a Negative
Declaration.
11.
The Planning Commission recommends approval of the Negative
Declaration for the Berkshire No. 2 Annexation prezoning to
the City Council.
12. The Planning Commission recommends to the City Council that
it adopt an ordinance amending Title 17 of the Municipal Code
to approve an R-1 (One Family Dwelling), or more restrictive
zone, as delineated on attached map.
13. Proposed Land Use Element Amendment 2-87, Segment VI of the
Bakersfield Metropolitan Area General Plan must be considered
and approved by City Council prior to consideration by City
Council of proposed rezoning.
14. It is recommended that development be subject to the follow-
ing conditions:
a. Hosking Avenue and Berkshire Road shall be offered for
dedication.
The east 45' of the site shall be offered for dedication
as half of a major collector (Monitor Street alignment)
as shown on the Circulation Element of the General Plan.
The intersections of Monitor Street and Berkshire Road
and Monitor Street and Hosking Avenue will require addi-
tional dedication for expanded intersections.
Any development or subdivision within the General Plan
Amendment shall be connected to the municipal sewer
system. The property owners shall participate in any
Assessment District and/or planned sewer area proceedings
to provide sewer service to development within this area
and the Berkshire #1 annexation (adjacent to and west of
this General Plan Amendment area).
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Required dedications or offers of dedication shall be
submitted within 90 days of completion of the 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 otherwise obstruct the free use of the road right-of-
way. Where major facilities exist, a common use agree-
ment may be allowed when determined appropriate by the
City Engineer.
The applicant shall pay his share of the proposed cross-
ing of the Arvin-Edison Canal. Payment shall be required
prior to recordation of any subdivision map within the
segment area.
An overall drainage study shall be provided by the owner.
A Planning Drainage Area shall be established and incor-
porate the area in General Plan Amendment 1-87,
Segment VI. Designated drainage basin sties shall be
dedicated to the City.
h. 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 dedicated to the City within the same time
period.
i. At the time of development or subdivision, the developer
or subdivider shall pay to the City at the rate of $500
per gross acre costs involved in traffic signal construc-
tion at the following intersections:
1. Monitor Street and Hosking Avenue
2. Monitor Street and Berkshire Road
On a motion by Commissioner Bjorn, and seconded by
Commissioner Jarrett, Commission approved the Negative
Declaration and the R-1 zoning as requested and advertised sub-
ject to listed conditions of approval, found the proposed zoning
consistent with the Bakersfield Metropolitan Area General Plan
and recommended same to the City Council by the following roll
call vote.
AYES: Commissioners Bjorn, Cohn, Gronbeck, Jarrett, Weaver,
Milazzo
NOES: None
ABSENT: Commissioner Patrick
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NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF
THE CITY OF BAKERSFIELD that the Negative Declaration be adopted
and approved and said Zoning Upon Annexation as delineated on the
attached map be and the same is hereby recommended for approval.
DATED: June 18, 1987
r/rs6zua
PLANNING COMMISSION OF
THE CITY OF BAKE~RSFIELD
~cting P lanni ~/~.. ~ Di'r ec tor
RESOLUTION NO. 27-87
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF BAKERSFIELD MAKING FINDINGS,
ADOPTING NEGATIVE DECLARATION, RECOMMENDING
APPROVAL OF ANNEXATION TO THE CITY OF
BAKERSFIELD OF THAT CERTAIN PROPERTY IN THE
COUNTY OF KERN LOCATED NORTH OF HOSKING
ROAD, EASTERLY OF SOUTH "H" AND SOUTH OF THE
ARVIN-EDISON CANAL AND CONTIGUOUS TO THE
BOUNDARY OF THE CITY OF BAKERSFIELD KNOWN
AS THE BERKSHIRE NO. 2 ANNEXATION.
WHEREAS, THE CITY OF BAKERSFIELD has proposed the
annexation of certain properties to the City of Bakersfield known
as Berkshire No. 2 Annexation, as hereinafter described:
BERKSHIRE NO. 2 ANNEXATION
A parcel of land situated in Section 30,
Township 30 South, Range 28 East,
M.D.B.&M., in the unincorporated area of
the County of Kern, State of California,
more particularly described as follows:
That portion of Lot 12, all of Lot 21 and
that portion of Lot 28, as shown on map
of Berkshire Farm Tract filed August 27,
1901 in Book 1, Page 38 in the Office of
the Kern County Recorder, lying between
the South right-of-way line of the
Arvin-Edison Canal as said South line is
described in Parcel 1C-3 of that certain
Order of Condemnation recorded in Book
3972, Page 201 of Official Records in the
Office of the Kern County Recorder and
the North line of Hosking Avenue (also
being the North line of the South 30 feet
of said Section 30).
Containing 59.60 acres (more or less)
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WHEREAS, the Planning Commission of the City of
Bakersfield considered at the meeting held on June 18, 1987, the
proposed annexation and found and resolved as follows:
1. The above recitals, incorporated herein, are true and correct.
The project would not have a significant adverse effect on
the environment and a Negative Declaration been posted and
advertised in accordance with CEQA (See Berkshire No. 2
Annexation).
3. The Negative Declaration for the proposed annexation is
hereby approved and adopted.
4. The City of Bakersfield is able to provide service to the
annexation territory as the area develops.
5. The property owner is in favor of annexation to the City of
Bakersfield.
Proposed annexation complies with the procedures, standards
and policies set by the Local Agency Formation Commission of
the County of Kern.
On a motion by Commissioner Bjorn, seconded by Commissioner
Jarrett, approved the Negative Declaration and the proposed
Berkshire No. 2 Annexation and recommended same to the City
Council by the following roll call vote:
AYES: Commissioners Bjorn, Cohn, Gronbeck, Jarrett,
Weaver, Milazzo
NOES: None
ABSENT: Commissioner Patrick
I HEREBY CERTIFY that the foregoing Resolution was passed
and adopted by the Planning Commission of the City of Bakersfield
at a regular meeting thereof held on the 18th day of June, 1987.
DATED: June 18, 1987
r/rs6a
PLANNING COMMISSION OF
TH/~F BA/ERSFIELD
~C~~' HARDISTY, ~-retary
///Acting Planni~9' Director
A, ffi aut! of osling ( r tnanres
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 ._ September 24 , 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 August 26 , 19 87 , which ordinance
was numbered 03116 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. 2 ANNEXATION.
City Clerk