HomeMy WebLinkAboutORD NO 3331ORDINANCE NO. 3331
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 NOSKING
NO. 1 ANNEXATION (WARD 7).
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 a public hearing on a
request by the City of Bakersfield 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
WHEREAS, at said public hearing, said zoning upon annexa-
tion was duly heard and considered and the Planning Commission
found as follows:
1. Proposed Zoning Upon Annexation designations will
not have a significant adverse effect on the environment.
2. Public necessity, convenience, general welfare and
good planning practice justify the proposed Zoning Upon
Annexation to R-1 (One Family Dwelling) Zone.
be in
Plan.
3. Proposed Zoning Upon Annexation designations would
conformance with the Metropolitan Bakersfield 2010 General
4. The proposed prezoning is consistent with existing
land use in the area.
5. The proposed Zoning Upon Annexation would be compat-
ible with future and existing development on the surrounding
properties.
6. Public participation and notification requirements
pursuant to Sections 65090 and 65353 of the Government Code of
the State of California were duly followed.
WHEREAS, by Resolution No. 41-90 on October 18, 1990,
the Planning Commission recommended approval and adoption of an
ordinance amending Title 17 of the Municipal Code to approve an
R-1 (One Family Dwelling) Zone, and as delineated on the attached
maps marked Exhibit "A" and Exhibit "B," by this Council and this
Council has fully considered the findings made by the Planning
Commission as set forth in that Resolution; and
WHEREAS, there appears to be no substantial detrimental
environmental impact which could result from this zoning action;
and
WHEREAS, a Negative Declaration was advertised and posted
on September 26, 1990 in accordance with CEQA; and
W/4EREAS, the proposed zoning substantially conforms to
and is consistent with 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:
SECTION 1.
1. All the foregoing recitals are found to be true and
correct.
2. The Negative Declaration for this zoning action is
hereby approved and adopted.
3. 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 maps to
include that certain property in the County of Kern generally
located south of Hosking Avenue, east of State Route 99 to Mckee
Road contiguous to the boundary of the City of Bakersfield known
as the HOSKING NO. 1 ANNEXATION, upon the annexation of said prop-
erty to the City of Bakersfield, the boundaries of which property
are shown on the maps hereto attached and made a part of this
ordinance, and are more specifically described as follows:
TO CITY R-1 (ONE FAMILY DWELLING) ZONE:
Those portions of Section 31, T. 30S., R.
28 E. and Section 36, T. 30S., R.27E.,
M.D.B.&M., County of Kern, State of
California, more particularly described
as follows:
Beginning at the point of intersection of
the East line of the Northwest ¼ of said
Section 31 and the South line of the
North 30 feet thereof, as said section is
shown on Parcel Map No. 5750, filed April
2, 1980, in Book 24 of Parcel Maps at
Page 184 in the office of the Kern County
Recorder;
THENCE South 00°34'46" West along said
East line, 1292.09 feet to the South line
of North ½ of the Northwest } of said
Section 31;
THENCE North 89o29'57" West, along said
South line, 2782.84 feet to a point on
the West line of Said Section 31, also a
point on the Center line of South "H"
Street (Co. Rd. No. 15 and 140);
THENCE South 00°36'48" West, along the
West line of Said Section 31, a distance
of 1321.60 feet to the West } corner
thereof, also being on the center line of
McKee Road (Co. Rd. No. 782);
THENCE North 89o07'56" West along said
center line, also being the South line of
Lot 16 of Sales Map No. 1 of Lands of J.
B. HAGGIN, in said Section 36, Filed May
3, 1889 in the office of the Kern County
Recorder, a distance of 958.05 feet to a
point on the East Right-of-Way line of
State Freeway 99;
THENCE North 11031'00" West, along said
East right-of-way line, 2647.20 feet to a
point on the South right-of-way line of
Hosking Avenue (Co. Rd. No. 2357);
TRENCE North 83°02'52" East, along said
South right-of-way line, 193.37 feet to
an angle point thereon;
THENCE continuing South 89011'30" East,
along said South right-of-way line, also
being the South line of the North 30.00
feet of said Section 36, a distance of
1322.77 feet to a point on the West line
of said Section 31;
THENCE South 89°30'34" East, along the
South right-of-way of Hosking Avenue (Co.
Rd. No. 365), also being the South line
of the North 30.00 feet of said Section
31, a distance of 2782.08 feet to the
point of beginning.
CONTAINING 149.95 NET ACRES
(EXCEPTING RIGHT-OF-WAY FOR PUBLIC ROADS
AND THE KERN ISLAND CANAL)
SECTION 2.
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.
......... o0o .........
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 _ DE0 I 9 1990 , by the
following vote:
AYES: COUNCILMEMBERS: EDWARDS, OeMOND, SMITH, BRUNNI, PETERSON. McDERMOTI'. SALVAGGIO
NO:: g. CCUNCILMEMBER~:
AS~.'.: NT COUNCILMEMBERS:
ABSTAIN: COUNCIlEMBERS'
Council of the City of Bakersfield
APPROVED DEC ~ 9 12~0
MAYOR of the City of Bakersfield
APPROVED as to form:
ROBERT M. SHERFY ,~,/
ACTING CITY ATTORNEY of %he City of Bakersfield
LCM/meg
Attachment
Exhibit "A"
Exhibit "B"
A ANEX 5
ZUA.HOSK1-5
10/31/90
A-1 TO R-1
CiTY OF BAKERSFIELD
ZONING MAP 124-31
SEC 31 T 30s R 28£
LEGEND
Z
E(114)R8 TO
CITY OF BAKERSFIELD
ZONING MAP 123-36
SEC 36 I SOS R27£
LEGEND
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
)
County of Kern)
sso
CAROL WILLIAMS, Being duly sworn,
That she is the duly appointed, acting and
of Bakersfie]d; and that on
posted on the Bulletin Board
the following: Ordinance
City Council at a meeting held on
and entitled:
deposes and says:
qualified City Clerk of the City
the __2k6_12Ja_ day of December 199~ she
at City Hall, a full, true and correct copy of
No. %qq] passed by the Bakersfield
the _J3_t.h_ day of Denember 19.90 ,
NSAOPD
/s/ CAROL WILLIAMS
CITY CLERK of the City of Bakersfield
DEPUTY City Clerk