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HomeMy WebLinkAboutORD NO 3351ORDINANCE NO. 3351 AN ORDINANCE AMENDING TITLE SEVENTEEN OF TH~ BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 123-25 BY PREZONING PROPERTY KNOWN AS THE WIBLE NO. 9 ANNEXATION, LOCATED SOUTH OF THE ARVIN- EDISO~ CANAL, BETWEEN WIBLE ROAD AND FREEWA~ 99 CONTIGUOUS TO THE BOUNDARY OF THEi CITY OF BAKERSFIELD (WARD 6 AND WARD 7!). WHEREAS, in the provisions of Ti Bakersfield, the Pla request by the City being annexed to sai findings of fact whi accordance with the procedure set forth in tle 17 of the Municipal Code of the City of nning Commission held a public hearing on a of Bakersfield to zone certain property now ~ City and made several general and specific ~h warranted a negative declaration of environmental impacti; and WHEREAS, atl said public hearing held on March 7, 1991, said zoning upon annexation was duly heard and considered and the Planning Commission found as follows: 1. Propose~ Zoning Upon Annexation designations will not have a significaht adverse effect on the environment. 2. Public good planning practi Annexation to R-1 (0 Multiple-Family Dwel Size) and C-1 (Limit ~ecessity, convenience, general welfare and ~e justify the proposed Zoning Upon he Family Dwelling), R-2 (Limited ling), A-20A (Agriculture 20-Acre Minimum Lot ?d Commercial) or more restrictive zones. 3. Proposed Zoning Upon Annexation designations would be in conformance with the Metropolitan Bakersfield 2010 General Plan. ; 4. The proposed prezoning is consistent with existing land use in the areal 5. The proposed Zoning Upon Annexation would be compat- ible with future andiexisting development on the surrounding properties. . 6. Public ~articipation and notification requirements pursuant to Sections165090 and 65353 of the Government Code of the State of California were duly followed. WHEREAS, by Resolution No. 14-91 on March 7, 1991, 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), R-2 (Limited Multiple-Family Dwelling), A-20A (Agriculture 20-Acre Minimum Lot Size) and C-1 (Limited Commercial) zones, as herein described and as delineated on the attached map marked Exhibit "A," 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 February 14, 1991 in accordance with CEQA; and WHEREAS, 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 Title Seventeen of the Bakersfield Municipal Code of the City of Bakersfield and Zoning Map No. 123-25, be and the same is hereby amended by prezoning said property and extending the boundaries of said map to include that certain property in the County of Kern generally located south of the Arvin-Edison Canal, between Wible Road and Freeway 99, contig- uous to the boundary of the City of Bakersfield known as the WIBLE NO. 9 ANNEXATION, upon the annexation of said property to the City of Balkersfield, the zoning designations and 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: FROM COUNTY A-1 (LIMITED AGRICULTURE) TO CITY R-1 (ONE FAMILY DWELLING) ZONE: PARCEL 1 Those portions of Lots 9, 10, 11, 12 and 13 in the north half of Section 25, T30S, R27E, M.D.B.&M. bounded on the north by the south right-of-way line of the Arvin- Edison Intake Canal and bounded on the south by the north right-of-way line of Berkshire Road, as said lots are shown on "Sales Map No. 1 of Lands of J.B. Haggin" filed May 3, 1889 in the Office of the Kern County Recorder. EXCEPTING, those portions of said Lots 9 and 10 lying westerly of the center line of the K 9-1 Canal as shown on Parcel Map No. 4098 filed in Parcel Map Book 18, Page 129 in the Office of the Kern County Recorder. ALSO EXCEPTING that portion of said Lot 13 lying easterly of the west right-of- way line of State Freeway 99. Containing 67.92 acres (more or less) PARCEL 2 Beginning at the northwest corner of Lot 24 in Section 25, T30S, R27E, M.D.B.&M. per said "J.B. Haggin Sales Map"; THENCE east, along the north line of said lot, 329 feet; THENCE south, along a line parallel with the west line of said lot, 293 feet; THENCE west, and parallel with the north line of said lot, 119 feet; THENCE south, and parallel with the west line of said lot, 123 feet; THENCE west, and parallel with the north line of said lot, 5 feet; THENCE south, and parallel with the west line of said lot, 92 feet; THENCE west, and parallel with the north line of said lot, 205 feet to a point on the west line of said lot; THENCE north, along said west line, 416 feet to the point of beginning. EXCEPTING, the public road right-of-way for Wible Road. Containing 3.38 acres (more or less) FROM COUNTY A-1 (LIMITED AGRICULTURE) CITY R-2 (LIMITED MULTIPLE FAMILY DWELLING) ZONE: TO PARCEL 1 Beginning at a point on the north line of Lot 23 in Section 25, T30S, R27E, M.D.B.&M. per said "J.B. Haggin Sales Map", said point being 259 feet east of the northwest corner of said lot; THENCE east along said north line, 234 feet; THENCE south, and parallel with the west line of said lot, 366.26 feet; THENCE west, and parallel with the north line of said lot, 13 feet; THENCE south, and parallel with the west line of said lot, 140 feet; THENCE west, and parallel with the north line of said lot, 268 feet; THENCE south and parallel with the west line of said lot, 122 feet to a point on the south line of said lot; THENCE west, along said south line, 182 feet to the southwest corner of said lot; - 4 - THENCE north along the west line of said lot, 583 feet to a point on the south line of the north 75 feet of said lot; THENCE east, along said south line, 229 feet; THENCE north, and parallel with the west line of said lot, 45 feet to the point of beginning. EXCEPTING the public road right-of-way for Berkshire Road and WiDle Road. Containing 5.38 acres. PARCEL 2 Parcel 2 as shown on Parcel Map No. 4385 filed in Book 19 of Parcel Maps, Page 105 in the Office of the Kern County Recorder. Containing 2.29 acres (net) FROM COUNTY A-1 (LIMITED AGRICULTURE) TO CITY C-1 (LIMITED COMMERCIAL) ZONE: Parcel 3 as shown on said Parcel Map No. 4385. Containing 3.21 acres (net) FROM COUNTY A-1 (LIMITED AGRICULTURE) TO CITY A (AGRICULTURE), OR MORE RESTRICTIVE ZONE: The north 75 feet of the west 259 feet of Lot 23 in Section 25, T30S, R27E, M.D.B.&M. as said lot is shown on said "Sales Map No. 1 of Lands of J.B. Haggin". EXCEPTING the public road right-of-way for Berkshire Road and Wible Road. Containing 0.24 acres (more or less) - 5 - FROM COUNTY A (EXCLUSIVE AGRICULTURE) ZONE TO CITY A-20A (AGRICULTURE - 20 ACRE MINIMUM LOT SIZE) ZONE: Beginning at a point on the north line of said Lot 23 being 493 feet from the northwest corner thereof; THENCE east, along said north line, 828.765 feet to the northeast corner said lot; of THENCE south, along the east lines of said Lots 23 and 24, a distance of 1,319.08 feet to the southeast corner of said Lot 24; THENCE west, along the south line of said lot, 1,116.63 feet to a point on the east line of the west 205 feet of said lot; THENCE north, along said east line, 244 feet; THENCE east, and parallel with the north line of said lot, 5 feet to a point on the east line of the west 180 feet of said lot; THENCE north, along said east line, 123 feet to a point on the south line of the north 293 feet of said Lot 24; THENCE east, along said south line, 119 feet to a point on the east line of the west 329 feet of said lot; THENCE north along said east line, 293 feet to a point on the north line of said Lot 24; THENCE west along said north line, 108 feet to a point on the east line of the west 212 feet of said Lot 23; THENCE North, along said east line, 122 feet; THENCE east, and parallel with the north line of said lot, 268 feet; THENCE north, and parallel with the west line of said lot, 140 feet; THENCE east, and parallel with the north line of said lot, 13 feet; THENCE north, and parallel with the west line of said lot, 366.26 feet to the point of beginning. EXCEPTING the public road right-of-way for Berkshire Road. Containing 32.46 acres (more or less) 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 APR ~ 0 ~991 , by the following vote: AYES; COUNCILMEMBERS: EDWARDS, DeMOND SMITH, BRUNN, PETERSON McDERMOTT SALVAGGIO NOES; COUNCILMEMBERS: ,~'O/,,'~' ' ABSENT COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS' CITY CLERK and Ex Officio Clerk of Council of the City of Bakersfield the APPROVED .APR 1 0 1991 CLARENCE E. MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: CITY ATTORNEY of the City of Bakersfield LCM/meg Attachment Exhibit "A" A ANEX 5 ZUA.WIB9.1 3/21/91 - 8 - CANAL PUl -B CITY OF BAKERSFIELD ZONING MAP SEC 25 T 505 LEGEND 123 -25 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 Bakersfield; and that on 12th posted on the Bulletin Board the following: City Council at and entitled: Ordinance a meeting held of the City the day of April , 1991 she at City Hall, a fu]], true and correct copy of No. 3351 , passed by the B~kersfield on the 10th day of April , 1991 , NSAOPD /s/ CAROL WILLIAMS CITY CLERK of the City of Bakersfield DEPUTY City Clerk