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HomeMy WebLinkAboutORD NO 3352ORDINANCE NO. 3352 AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 123-25 BY PREZONING PROPERTY KNOWN AS THE WIBLE NO. 10 ANNEXATION, LOCATED SOUTH OF BERKSHIRE ROAD, BETWEEN WIBLE ROAD AND FREEWAY 99, CONTIGUOUS TO THE BOUNDARY OF THE CITY OF!BAKERSFIELD (WARD 6 AND 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;I and WHEREAS, at isaid public hearing held on March 7, 1991, said zoning upon annexation was duly heard and considered and the Planning Commission found as follows: 1. Proposedl Zoning Upon Annexation designations will not have a significan!t 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), R-2 (Limited Multiple-Family Dwelling), RS (Residential Suburban), and A-20A (Agriculture 20-Acre Minimum Lot Size), or more restrictive zones. I 3. Proposedi Zoning Upon Annexation designations would be in conformance wi~h the Metropolitan Bakersfield 2010 General Plan. 4. The proposed prezoning is consistent with existing land use in the area.i 5. The proposed Zoning Upon Annexation would be compat- ible with future andSexisting development on the surrounding properties. ' 6. Public ~articipation 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. 15-91 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), RS (Residential Suburban) and A-20A (Agriculture 20-Acre Minimum Lot Size) zones, as herein described and as delin- eated 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 Berkshire Road, between Wible Road and Freeway 99, contiguous to the boundary of the City of Bakersfield known as the WIBLE NO. 10 ANNEXATION, upon the annexation of said property to the City of Bakersfield, 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: - 2 - FROM COUNTY A-1 (LIGHT ARGICULTURAL) TO CITY R-S (RESIDENTIAL SUBURBAN) ZONE: A parcel of land situated in Lots 25 and 26 of Section 25, T.30 S., R.27 E., M.D.B.&M., Kern County California, as lots are shown on "Sales Map No. 1 of Land of J.B. HAGGIN" Filed May 3, 1889 in the office of the Kern County Recorder, being described as follows: Beginning at the Southwest corner of said Lot 26 (Also being the Southwest corner of said Section 25); THENCE North, along the West line of said Section, a distance of 724.26 feet; THENCE East and parallel with the north line of said lot 25, a distance of 146 feet; THENCE Southwesterly along a portion of a direct line to a point on the south line of said Section 25, (distant 32 feet east of the southwest corner thereof) to a point of intersection of said direct line and the east line of the west 141 feet of said Section 25; THENCE Southeasterly 753.84 feet (more or less) to a point on the south line of said Section 25, distant 500 feet east of the Southwest corner thereof; THENCE West along said south section line 500 feet to the point of beginning. EXCEPTING the public road right-of-way for Wible Road and Hosking Road. CONTAINING 5.13 acres (+) FROM COUNTY A-1 (LIGHT AGRICULTURAL) TO CITY R-1 (ONE FAMILY DWELLING) ZONE: Two parcels of land being portions of Lots 20, 21, 24, 25 and 26 of Section 25, T.30S., R.27E., M.D.B.&M., Kern County California as lots are shown on said "Sales Map No. 1 of lands of J.B. HAGGIN", being described as follows: - 3 - PARCEL 1 (R-l) Beginning at the Southwest corner of said Lot 26 (Also being the Southwest corner of said Section 25); THENCE East along the south line of said lot and section, a distance of 662 feet; THENCE Northwesterly along a direct line, 1144 feet to a point on the east line of the west 202 feet of said Section 25; THENCE West, and parallel with the north line of said Lot 25, a distance of 34.84 feet (more or less) to a point on the east line of that property conveyed by deed recorded in Book 6009, Page 1659 of official records in the office of the Kern County Recorder; THENCE Northerly along said east line to a point on the south line of said lot 24, distant 205 feet from the west line of said Section 25; THENCE North along the east line of the west 205 feet of said section 25, a dis- tance of 152 feet; THENCE West along the north line of the south 152 feet of said lot 24, a distance of 205 feet to a point on the west line of said Section 25; THENCE South along said west section line, 1470.26 feet to the point of beginning. EXCEPTING the above described (5.13 acre) parcel for City R-S zone. ALSO EXCEPING the public road right-of- way for Wible Road and Hosking Road. CONTAINING 6.35 acres (+) - 4 PARCEL 2 (R-l) Beginning the Northwest corner of said Lot 20 (Also being on the center line of Berkshire Road); THENCE East along the north line of said Lot 20, a distance of 460.78 feet to a point on the westerly right of way line of State Freeway 99; THENCE Southeasterly along said freeway right-of-way line, 1351.66 feet to a point on the south line of said lot 20; THENCE West along the south lines of said of lots 20 and 21 a distance of 1299.42 feet to the southwest corner of said lot 21; THENCE North along the west line of said Lot 21, a distance of 659.49 feet (more or less) to a point on the south line of the north 660 feet of said Lot 21; THENCE East along said south line, 660.85 feet to a point on the west line of said Lot 20; THENCE North along said west line 660 feet to the point of beginning. EXCEPTING the Public Road right-of-way for Berkshire Road. CONTAINING 24.79 acres (+). FROM COUNTY A-1 (LIGHT AGRICULTURAL) ZONE TO CITY R-2 (LIMITED MULTIPLE-FAMILY DWELLING) ZONE: The North 660 feet of lot 21 and a trian- gular portion of lot 22 being that por- tion of said lot 22 bounded on the North by the South line of the North 30 feet of said lot; on the East by the East line of said lot; and on the southwest by a line from a point on side one, distant 91 feet west of the East line of said lot to a point on side two, distant 460 feet from the Northeast corner of said lot 22 as said lots are shown in section 25, Township 30 South, Range 27 East, M.D.B.&M. Kern County, California, per "Sales Map No. 1 of Lands of J. B. Haggin" filed May 3, 1889 in the office of the Kern County Recorder. CONTAINING 10.46 ACRES (+) FROM COUNTY A (EXCLUSIVE AGRICULTURAL) ZONE TO CITY A-20A (AGRICULTURE-20 ACRE MINIMUM) ZONE: A parcel of land being portions of Lots 22, 25, 26 and 27 of Section 25, Township 30 south, range 27 east, M.D.B.&M., Kern County California, as said lots are shown on said "Sales Map No. 1 of lands of J. B. HAGGIN", more particularly described as follows: Beginning at a point on the South line of said lot 26 (also being on the South line of said Section 25) distant 662 feet East of the Southwest corner of said lot 26; THENCE Northwesterly along a direct line, 1144 feet to a point on the East line of the West 202 feet of said Section 25; THENCE West and parallel with the north line of said Lot 25, a distance of 34.84 feet (More or Less) to the East line of the property conveyed by deed recorded in Book 6009, Page 1659, official records in the office of the Kern County Recorder. THENCE Northerly along said east line to a point on the north line of said Lot 25; THENCE East along the north line of said Lot 25, a distance of 1146.63 feet to the northeast corner thereof; THENCE North, along the west line of said lot 22, a distance of 1289.08 feet to a point on the South line of the North 30 feet of said lot; - 6 - THENCE East along said south line to a point 31 feet west of the East line of said lot 22; THENCE Southeasterly to a point on the East line of said lot, distant 460 feet from the Northeast corner thereof; THENCE South along the East lines of said lots 22 and 27, a distance of 2178.98 feet to the southeast corner of said lot 27 also being on the southline of said Section 25); THENCE West along the South lines of said lots 27 and 26, a distance 1320.24 feet to the point of beginning. EXCEPTING the public road right-of-way for Hosking Avenue. CONTAINING 65.93 ACRES gET (+). COUNTY A-1 (LIGHT AGRICULTURAL) TO CITY A-20A (AGRICULTURE-20 ACRE MINIMUM) ZONE: Lot 28 of Section 25, T.30S., R.27E., M.D.B.&M., Kern County, California, as shown on said "Sales Map No. 1 of lands of J.B. HAGGIN". EXCEPTING the public road right-of-way for Hosking Avenue. CONTAINING 19.57 ACRES (+) FROM COUNTY A-1 (LIGHT AGRICULTURAL) TO CITY A (AGRICULTURE) ZONE: A portion of Lot 29 of Section 25, T.30S., R.27E., M.D.B.&M. Kern County, California, as shown on said "Sales Map No. 1 of lands of J.B. HAGGIN, being described as follows: Beginning at a point on the west line of said Lot 29, distant 30 feet north of the Southwest corner of said lot; THENCE North along said west line, 1290.49 feet to the Northwest corner of said Lot 29; THENCE East along the north line of said lot, 638.61 feet to a point on the west- erly right-of-way line of State Freeway 99. THENCE Southeasterly, way line, 107.12 feet east line of said lot along said right-of- to a point on the 29; THENCE South along said East line, 716.15 feet to the northeast corner of Parcel "C" of Parcel Map No. 4351 filed in Book 19 of Parcel Maps, Page 188 in the office of the Kern County Recorder; THENCE West, along the north lines of Parcels "B" and "C" of said Parcel Map, 440.70 feet to the northwest corner of said Parcel "B"; THENCE South along the west line of said Parcel "B", a distance of 470.00 feet to a point on the north line of the South 30 feet of said Section 25; THENCE West along said north line also being the north right-of-way line of Hosking Avenue (Co. Rd. No. 782) a dis- tance of 220.31 feet to the point of beginning. CONTAINING 14.95 ACRES (+) 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 I 0 ~99~ , by the following vote: AYES. COUNCILMEMBERS; EDWAROS, DeMONO, SMITH, BRUNNI, PETERSON, McDERMOTT, SALVAGGIO NOES; COUNCILMEMBERS OA/~ ABSENT COUNCILMFMBERS: ?~,~,~.~ ABSTAIN: COUNCILMEMBERS' CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED APR 1 0 1991 MAYOR of the City of Bakersfield APPROVED as to form: LAWRENCE M. LUNARDINI CITY ATTORNEY of the City of Bakersfield LCM/meg Attachment Exhibit "A" A ANEX 5 ZUA.WIB101 3/20/91 J pun CiTY OF BAKERSFIELD ZONING MAP 123-25 SEC 2,5 T 3OS R 2/'£ LEGEND AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) County of Kern) CAROL WILLIAMS, Being duly sworn, That she is the duly appointed, of Bakersfie]d; and that on the posted on the Bulletin Board at the following: City Council at and entitled: Ordinance a meeting held deposes and says: acting and qualified City Clerk of the City 12th day of April 1991 she City Hall, a full, true and correct copy of No. 3352 passed by the Bakersfield on the 10th day of April 1991 NSAOPD /s/ CAROL WILLIAMS CITY CLERK of the City of Bakersfield By: p~~TY C~ty Cle~~rk