HomeMy WebLinkAboutORD NO 3325ORDINANCE NO. 3325
AN ORDINANCE OF THE COUNCIL OF THE
CITY OF BAKERSFIELD AMENDING MAP
NO. 123-18 OF TITLE SEVE~T~EN OF
THE BAKERSFIELD MUNICIPAL CODE BY
CHANGING THE LAND USE ZOtqING OF
THAT CERTAIN PROPERTY IN THE CITY
OF BAKERSFIELD LOCATED APPROX-
IMATELY 500 FEET SO~'r~i OF WHITE
LANE ON THE EAST SIDE OF MOUNTAIN
VISTA DRIVE TO TH~ BUENA VISTA
CANAL, NORTH OF TIiI~ WESTERLY
EXT~SIO~ OF CAMPUS PARK DRIVE FROM
AN A (AGRICULTURE) ZONE TO AN R-1
(ONE FAMILY DWELLING) ZONE.
WHEREAS, in accordance with the procedure set forth in
Title 17 of the Municipal Code of the City of Bakersfield, the
Planning Commission held a public hearing on a petition to change
the land use zoning of that certain property located
approximately 500 feet south of White Lane on the east side of
Mountain Vista Drive to the Buena Vista Canal, north of the
westerly extension of Campus Drive Park in the City of Bakers-
field from an A (Agricultural) Zone to an R-1 (One Family
Dwelling) Zone; and
WHEREAS, at a noticed public hearing held on March 1,
1990 and continued to March 15, 1990, the application was duly
heard and considered and the Planning Commission, by its
Resolution No. 9-90, denied the request for a zone change, based
upon failure of the applicant to provide property for a public
park, as required by the general plan; and
WHEREAS, within the time prescribed by law, CO~4UNITY
CONSTRUCTION, INC. filed an appeal in writing with the Council of
the City of Bakersfield, appealing the decision of the Planning
Commission; and
WHEREAS, notice was duly given as provided in Title
Seventeen of the Bakersfield Municipal Code setting the time and
place for a public hearing before this Council on said appeal,
which public hearing was held before the Council of the City of
Bakersfield on MAY 2, 1990; and
WHEREAS, there appears to be no substantial detrimental
environmental impact which could result from the proposed
project; and
WHEREAS, the City Council has determined after due
consideration of said appeal and the recommendations of the
Planning Commission herein on file, together with the reasons
advanced at the hearing for change in zoning of said property,
ORIOINAL
that such zone change should be authorized subject to the
conditions set forth below.
NOW, THEREFORE, BE IT ORDAIB~D by the Council of the
City of Bakersfield as follows:
1. All of the foregoing recitals are hereby found to
be true and correct.
2. An environmental assessment was made of the
project, and a Negative Declaration was posted and advertized on
December 8, 1989, and this Council hereby approves and adopts
that Negative Declaration.
3. This proposed amendment to the zoning ordinance is
consistent with the General Plan.
4. Section 17.06.020 (Zoning Map) of the Municipal
Code of the City of Bakersfield be and the same is hereby amended
by changing the land use zoning on Map No. 123-18 attached hereto
as Exhibit "A" of that certain property in said City of
Bakersfield as hereinafter described to wit:
FROM AN A (AGRICULTURE) ZONE TO AN R-1 (ONE
FAMILY DWELLING)
Being a portion of the northeast one quarter,
and a portion of the north one-half of the
southeast one quarter of Section 18, Township
30 south, Range 27 east, M.D.B.&M., in the
City of Bakersfield, County of Kern, State of
California, and being more particularly
described a follows:
Commencing at the northeast corner of said
Section 18;
Thence south 00°58'59" west, along the east
line of said Section 18, 430.01 feet to the
northeast corner of Tract No. 4852 recorded
in Book 35 of maps, at Page 105, also being
the True Point of Beginning;
Thence north 88°48'26" west, along the north
line of said tract, 634.43 feet:
Thence south 87°06'29" west, along the north
line of said tract, 315.63 feet;
Thence north 89°15'32" west, along the north
line of said tract, 95.00 feet to the
northwest corner of said tract;
ORIGINAL
Thence continuing north 89°15'32" west, along
the westerly prolongation of said north line,
60.00 feet to the west right-of-way line of
Saddle Drive;
Thence south 0°44'28" west, along said right-
of-way line, 159.99 feet to the northeast
corner of Lot 1, of Tract No. 4345-A,
recorded in Book 33 of maps at Page 99;
Thence north 89°15'32" west, along the north
line of said Tract No. 4345-A and the
westerly prolongation thereof, 1533.79 feet
to the north-south mid-section line of said
Section 18;
Thence south 00°56'06" west, along said mid-
section line, 2035.81 feet to the center
quarter corner of said Section 18 and point
of intersection with the center line of a 90
foot wide road easement to City of
Bakersfield as recorded in Book 5853 at Page
1597, official records (Campus Park Drive);
Thence south 89°03'54" east, along said
centerline, 45.00 feet to the beginning of a
1974.35 foot radius tangent curve, concave to
the south;
Thence easterly along said curve and
centerline, through a central angle of
03°46'05", an arc length of 129.84 feet;
Thence south 85°17'49" east, along said
centerline, 401.06 feet to the beginning of a
2000 foot radius tangent curve, concave to
the north;
Thence easterly along said curve and
centerline, through a central angle of
10°30'00", an arc length of 366.52 feet;
Thence north 84°12'11" east, along said
centerline, 404.91 feet to the beginning of a
2000 foot radius tangent curve, concave to
the south;
Thence easterly along said curve and
centerline, through a central angle of
16°32'17", an arc length of 577.29 feet;
- 3 -
ORIGINAL
and
to the
Thence south 79"15'32" east, along said
centerline 468.55 feet to the beginning of a
1510.65 foot radius tangent curve, concave to
the north;
Thence easterly along said curve and
centerline, through a central angle of
09°45'27", an arc length of 257.26 feet to a
point of intersection with the east line of
said Section 18, from which point the center
of said curve bears north 00°59'01" east;
Thence north 00°50'01" east, along said east
line a distance of 98.57 feet to the east one
quarter corner of said Section 18;
Thence north 00°58'59" east, along said east
line a distance of 2212.16 feet to the True
Point of Beginning.
Excluding therefrom that portion zoned R-1
described in zone change 3993, zone change
4372 and zone change 4386 on file in the
Planning Department.
as
Contains approximately 42 acres.
5. Approval of the above zone changes is made subject
following conditions:
a. DEDICATION OF PARKSITE
Applicant/Appellant shall provide a fully
executed grant deed for a park site of five net acres,
exclusive of street rights of way, drainage retention
areas, or other non-park uses. Said site shall be
useable, free of contaminants, construction materials,
or other deleterious items.
The fully executed grant deed shall be
submitted to City for Council approval not later than
time of Council consideration of adoption of the zone
change ordinance.
The location of the site shall generally be
west of Saddle Drive, northerly of Campus Park Drive.
City will allow minor adjustments in the boundaries of
the park because of development of the surrounding
area, so long as the net acreage and usability of the
park are not, in the opinion of the Community Services
Manager, affected.
b. DEDICATION AND IMPROVEMENT OF PUBLIC ACCESS
Applicant/Appellant shall dedicate public
access to the park site at the same time the park site
is deeded to the City.
Applicant/Appellant shall improve said public
access with standard curb and gutter, with street
paving, and shall extend all required utilities and
public services to the site.
Applicant/Appellant shall submit engineered
i~rovement plans for the above mentioned improvements
to the City Engineer for his review and approval. The
plans shall be submitted in a timely manner to allow
fox the completion of improvements within the allotted
time.
c. CONSTRUCTION OF IMPROVEMENTS
Applicant/Appellant, and any other subsequent
purchaser of its interest in the property shown on
Parcels 3 and 4 of Parcel Map Waiver 20-89, shall
additionally be responsible for the full width
construction, to City standards, at its sole cost and
expense, of all streets bordering said parksite.
Minimum improvements will be 12-foot paved width with
fully improved curbs, gutters, sidewalks and paved
shoulder adjacent to the parksite, and 12-foot paved
width with graded shoulder on the side opposite the
parksite. Items to be included in these road
improvements are the following:
-Roads paved with 3-inch AC over 6-inch aggregate
base
-Provide and install survey monument encasements
-Provide and install street name signs
-Provide detailed plans, specifications and
profiles of improvements in accordance with
Section 16.32.080 B. of the Bakersfield
Municipal Code.
-No on-site development of the park will be
required of the Applicant/Appellant.
- 5 -
ORIGINAl.
FUTURE PARKSITE AND FEE REQUIREMENTS
Applicant/Appellant will be subject to
neither any future park fees nor additional dedication
requirements for a park site upon development within
said Parcels 3 or 4, provided said parcels are
developed for single-family residential uses only.
SECTION 2.
This ordinance shall be posted in accordance with the
City Charter provisions and shall become effective thirty (30)
days from and after the date of its passage.
.......... o0o ..........
ORIGINAL
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 0CI 1 7 ~990 , by the
following vote:
AYES: COUNCILMEMBERS: EDWARDS,.D)eMOND, SM H ........... PETERSON. McDERMOTt. SALVAGGtO
NOES; COUNCILMEMBERS: /~C'~¢~ ,
A~SENT COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS'
.,~ / /
Ex Officio Clerk of the Council of
the City of Bakersfield
APPROVED
MAYOR of the City of
Bakersf ie ld
APPROVED as to form:
ARTHUR J. SAALFI ..
CITY ATTORNEY of the City of Bakersfield
AJS/meg
Attachment - Exhibit "A"
ZC-ORD\
R1-ZONE.O
6/18/90
- 7 -
0~L
A 20A
CITY OF BAKERSFIELD
ZONING MAP
SEC. tB *~ 305
LEGEND
123-18
R.~?~
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
posted on the Bulletin Board at
the following: Ordinance
City Council at a meeting
24th day of October , 19 90 she
City ~all, a full, true and correct copy of
No. 3325 , passed by the Bakersfield
held on the l?th day of October , 19 90 ,
and entitled:
CAROL WILLIAMS
CITY CLERK of the City of Bakersfield
DEPUTY City Clerk
NSAOPD