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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