HomeMy WebLinkAboutORD NO 3384ORDINANCE NO. 8 3 8 &
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND CITY ZONING
MAP NOS. 122-01, 122-12, 122-13, 122-24, 123-
16, 123-17,-123-18, 123-19, 123-20 & 123-21
BY PREZONING PROPERTY LOCATED SOUTH OF STOCKDALE
HIGHWAY TO PANAMA LANE, GENERALLY WEST OF
GOSFORD ROAD TO ONE MILE WEST OF BUENA VISTA
ROAD KNOWN AS BUENA VISTA NO. 5 ANNEXATION
(WARD 4).
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, known as BUENA VISTA NO. 5
ANNEXATION, and made several general and specific findings of
fact which warranted a negative declaration of environmental
impact; and
WHEREAS, Buena Vista No. 5 Annexation prezoning area
comprises 3,558.75 +/- acres of land contiguous to the boundary
of the City of Bakersfield, as shown on the attached maps marked
Exhibits "A", "B", "C", "D", "E", "F", "G", "H", "I", and "J";
and
WHEREAS, by Resolution No. 38-91 on June 6, 1991, the
Planning Commission recommended approval and adoption of an
ordinance amending Title 17 of the Municipal Code to approve Zone
Upon Annexation No. 5150 to A-20A (Agriculture-20 acre minimum),
C-1 (Limited Commercial) and M-2 (General Manufacturing) zones,
with conditions of approval and mitigation as listed below:
Condition
Within 60 days of the date of this project approval: The
applicant shall provide verification from the office of the
County Clerk of payment of filing fees for filing of a "No-
tice of Determination" for benefit of the California Depart-
ment of Fish and Game as required by AB 3158 (Section 1005
Public Resources Code). Approval of this project shall not
be considered operative, vested, or final until such time as
the required verification of fees and a copy of the "Notice
of Determination" stamped by the County Clerk which indi-
cates payment has been made.
Mitiqation
An archaeological survey is required for any proposal within
the project area project area prior to site disturbance.
The report is to be submitted to the California
Archaeological Inventory at Cal State Bakersfield for
review. A letter from the California Archaeological
Inventory verifying that the report has been properly
completed shall be submitted to the City Planning Department
and any measure listed in the report must be completed prior
to the issuance of any building permit.
In order to mitigate the impacts of any development of the
site on the kit fox (a Federally-listed endangered species),
the applicant must follow the Advisory Notice, detailing the
Interim Mitigation Measures established for the Metropolitan
Bakersfield Habitat Conservation Plan (MBHCP). These
measures are necessary to prevent unauthorized take of foxes
and to offset any losses to kit fox habitat resulting from
on-going construction activities; and
WHEREAS, this Council has fully considered the findings made
by the Planning Commission as set forth in that Resolution; and
WHEREAS, a Negative Declaration with mitigation was
advertised and posted on May 16, 1991, in accordance with CEQA;
and
WHEREAS, the City Council has considered and hereby makes
the following findings:
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
A-20A (Agriculture-20 acre minimum), C-1 (Limited Commercial) and
M-2 (General Manufacturing) zones.
3. Proposed Zoning Upon Annexation designations conforns
with the Metropolitan Bakersfield 2010 General Plan.
4. The proposed prezoning is consistent with existing land
use in the area.
5. The proposed Zoning Upon Annexation would be compatible
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.
2
7. No substantial detrimental environmental impact could
result from this zoning action, as mitigated; and
WHEREAS, the City Council has determined after due
consideration 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. Ail the foregoing recitals are found to be true and
correct.
2. The Negative Declaration with mitigation for this zoning
action is hereby approved and adopted.
3. That Title Seventeen of the Bakersfield Municipal Code
of the City of Bakersfield and City Zoning Map Nos. 122-01, 122-
12, 122-13, 122-24, 123-16, 123-17, 123-18, 123-19, 123-20 & 123-
21 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 Stockdale Highway to
Panama Lane generally west of Gosford Road to one mile west of
Buena Vista Road contiguous to the boundary of the City of
Bakersfield known as the BUENA VISTA NO. 5 ANNEXATION, upon the
annexation of said property to the City of Bakersfield, the
zoning designations and 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:
COUNTY A (EXCLUSIVE AGRICULTURE) ZONE TO CITY A-20A
(AGRICULTURE - 20 ACRE MINIMUM) ZONE:
Sections 1, 12, 13 and 24, T. 30 S., R. 26 E.
M.D.B.&M., and Sections 19 and 20, T. 30 S., R. 27
East, M.D.B.& M., County of Kern, State of California.
Also including that portion of the right-of-way for the
Southern Pacific Railroad-Asphalto Branch, along the
south line of Section 18 and the west 3250 feet of said
right-of-way along the South line of Section 17, T. 30
S., R. 27 East, M.D.B.&M., County of Kern, State of
California.
EXCEPTING THEREFROM that portion of said Section 1
lying within the corporate boundary of the City of
Bakersfield, said portion lying North of the boundary
line described as follows:
Beginning at a point on the east line of said Section
1, distant South 00° 50' 50" West, 1912.32 feet from
the Northeast corner of said section;
THENCE North 89° 09' 10" West, 30 feet to a point on
the West right-of-way line of Buena Vista Road, said
point also being on a non-tangent curve, concave to the
northeast and having a radial bearing of North 23° 35'
25" East from said point;
THENCE Northwesterly along said curve through a central
angle of 15° 49' 15" an arc distance of 567.44 feet;
THENCE North 50° 34' 23" West, 627.79 feet to a point
on the South line of "PARCEL 1" of that certain
quitclaim to the City of Bakersfield recorded June 6,
1977 in Book 5032, Page 456 of official records in the
Office of the Kern County Recorder;
THENCE following the South line of said "PARCEL 1", the
following ten (10) courses:
THENCE (1) South 40° 52' 48" West, 411.46 feet (more or
less) to an angle point thereon;
THENCE (2) South 62° 31' 36" West, 1122.56 feet;
THENCE (3) South 75° 38' 52" West, 388.97 feet;
THENCE (4) South 82° 03' 33" West, 300.56 feet;
THENCE (5) North 75° 58' 50" West, 360.92 feet;
THENCE (6) North 87° 23' 35" West, 255.30 feet;
THENCE (7) South 60° 59' 40" West, 470.24 feet;
THENCE (8) South 74° 35' 17" West, 630.50 feet;
THENCE (9) South 33° 50' 44" West, 365.97 feet;
THENCE (10) South 43° 58' 25" West, 601.88 feet to a
point on the West line of said Section 1.
ALSO EXCEPTING that portion of said Section 20, T. 30
S., R. 27 E. lying East of the West right-of-way line
of the Sunset Railroad extending along the North/South
mid-section line of said section;
ALSO EXCEPTING public road right-of-way for Pacheco
Road, Old River Road, Buena Vista Road, Pensinger Road,
Panama Lane and Stockdale Highway.
Containing 3,215.85 acres +/-
FROM COUNTY M-2 PD (LIGNT MANUFACTURING - PRECI~R
DEVELOPMENT) ZONE TO CITY C-1 (LIMITED COMMERCIAL ZONE:
Those portions of Sections 16 and 21, T. 30 S., R. 27
E., M.D.B.& M., County of Kern, State of California,
described as follows:
The West 1270 feet of the North 622.50 feet of said Section
21 and the West 1270 feet of the right-of-way for the
Southern Pacific Railroad-Asphalto Branch in said Section 16
adjacent to the South line of said section.
4
Railroad-Asphalto Branch in said Section 16 adjacent to
the South line of said section.
EXCEPTING THEREFROM the public road right-of-way for
Gosford Road.
Containing 20.07 Acres (+/-)
FROM COUNTY M-2 PD (LIGHT MANUFACTURING - PRECISE
DEVELOPMENT) ZONE TO CITY M-2 (GENERAL MANUFACTURING)
ZONE:.
That portion of Section 20, T. 30 S., R. 27 E.,
M.D.B.&M., County of Kern, State of California, lying
East of the West right-of-way line of the Sunset
Railroad extending along the North/South mid-section
line of said section.
EXCEPTING THEREFROM the North 78 feet of said Section
20 and also the public road right-of-way for Gosford
Road and Panama Lane.
Containing 318.28 Acres (+/-)
FROM COUNTY M-3 PD (GENERAL MANUFACTURING - PRECIS~
DEVELOPMENT ZONE TO CITY M-2 (GENERAL MANUFACTURING)
ZONE:
Those portions of Section 17 and 20, T. 30 S., R. 27
East, M.D.B.&M., County of Kern, State of California
described as follows:
The portion of the right-of-way for the Southern
Pacific Railroad-Asphalto Branch in said Section 17
lying easterly of the West 3250 feet of said section.
Also the North 78 feet of that portion of said Section
21 lying East of the West right-of-way line for the
Sunset Railroad.
EXCEPTING THEREFROM any portion in the public road
right-of- way for Gosford Road.
Containing 6.91 Acres (+/-)
SECTION 2.
This Ordinance shall be posted in accordance with the
Bakersfield Municipal Code 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.
......... 000 .........
5
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 'JUt ~ 1 19§I , by the
following vote:
AYES; COUNCILMEMBERS: EOWARDS. DeMOND. SMITH, BRUNNI, PE~ERSON. McD£RMO'I'F, SALVAGGIO
NOES~ COUNCILMEMBERS:
AS, SENT COUNCILMEMBERS:
/~B~TAIN: COUNCILMEMBERS' A/O,,Y'E'
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED 40L 3 1 1991
CLARENCE E. MEDDERS
MAYOR of the City of Bakersfield
APPROVED as to form:
CITY ATTORNEY of the City of Bakersfield
MO/pjt
Attachment
Exhibits A through J
a/zuaobv5
CITY OF BAKERSFIELD
ZONING:: MAP 122-01
CITY OF B~/~ERSFIELD
ZONING 'MAP
SEC. 12 'E 30g.
LEGEND
122-12
R
CiTY OF' BAKERSFIELD
ZONING~ MAP 122-13
SEC. I~ I3Os. R26t.
LEGEND
"'"'~"" ~ ' ~"~
CITY OF BAKERSFIELD
ZONING MAP 122-24
LEGEND
c,,Y ~
ZONING ~IAP
SEC 16 ~ ~05
LEGEND
123 -16
123 -17
Z
ZZ
.-im
.o~
ZONIN~ MAP
SEC 17 I ~Os
l
A
ZONING MAP
SEC 18 !~': ~30s.
LEGEND
123 -18
CITY OF BAKERSFIELD
ZONl~q~ MAP
SEC 19 T )Os
LEGEND '~
CITY OF BAKERSFIELD
ZONING',"- MAP 123 - 20
SEC 20 T ~05. R 27E
LEGEND
C;)__.
R2
.o5
SEC 21 T ~O$ R 27E
LEGENO
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern)
CAROL WILLIAMS, Being duly sworn,
That she is the duly appointed,
of Bakersfield; and that on the
posted on the Bulletin Board at
the following: Ordinance
City Council at a meeting held
and entitled:
deposes and says:
acting and qualified City Clerk of the City
6th day of August , 1991 she
City Hall, a full, true and correct copy of
No. 3384 , passed by the Bakersfield
on the 31st day of July 1991
NSAOPD
/s/ CAROL WILLIAMS
CITY CLERK of the City of Bakersfield
DEPUTY City Clerk