HomeMy WebLinkAboutORD NO 3406)RDTNANCE NO. ~ ~ 0 6
AN ORDINANCE AMENDING SECTION
17.06.~20 OF CHAPTER 17.06 (ZONING
MAP) OF THE BAKERSFIELD MUNICIPAL
CODE AND CITY ZONING MAP NO. 103-21
BY PRE~ONING PROPERTY LOCATED NORTH
OF FREEWAY 178 TO COLUMBUS STREET
BETWEEN RIVER BLVD. AND HALEY
STREET!KNOWN AS HALEY NO. 1
ANNEXATION (WARD 2).
WHEREAS, inlaccordance with the procedure set forth in
the provisions of Title 17 of the Municipal Code of the City of
Bakersfield, the Plan~ing Commission held a public hearing on
THURSDAY, JULY 18, 1991, on a request by the City of Bakersfield
to zone certain property now being annexed to said City, known as
HALEY NO. i ANNEXATION, and made several general and specific
findings of fact which warranted a negative declaration of
environmental impact;!and
WHEREAS, Haley No. 1 Annexation prezoning area
comprises 166 +/- acres of land contiguous to the boundary of the
City of Bakersfield, as shown on the attached map marked Exhibit
"B"; and
WHEREAS, bylResolution No. 58-91 on July 18, 1991, the
Planning Commission recommended approval and adoption of an
ordinance amending Title 17 of the Municipal Code to approve
Zoning Upon Annexatio~ No. 5175 to R-1 (One Family Dwelling),
R-2 (Limited MultiplelFamily Dwelling), R-3 (Limited Multiple
Family Dwelling) and C-1 (Limited Commercial) zones; with
conditions of approval and mitigation as set forth in said
resolution; and
WHEREAS, the law and regulations relating to the
preparation and adoption of Negative Declarations, as set forth
in CEQA and City of Bakersfield Resolution No. 107-86, have been
duly followed by city!staff, Planning Commission and this
Council; 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 was advertised and
posted on June 27, 19~1, in accordance with CEQA; and
WHEREAS, an appeal of the decision by the Planning
Commission was filed by NESTOR VERDIN and heard by the City
Council at a public hearing on WEDNESDAY, SEPTEMBER 11, 1991;
and
WHEREAS, this Council upheld the decision of the
Planning Commission at said public hearing; and
WHEREAS, the City Council has considered and hereby
makes the following findings:
1. All required public notices have been given.
2. The provisions of CEQA have been followed.
3. Proposed Zoning Upon Annexation designations, as
mitigated, will not have a significant adverse effect on the
environment.
4. 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), R-3 (Limited Multiple Family Dwelling) and C-1
(Limited Commercial) zones.
5. Proposed Zoning Upon Annexation designations are
consistent with the Metropolitan Bakersfield 2010 General Plan
regarding location and design of residential designations.
6. The proposed prezoning is consistent with existing
land use in the area.
7. The proposed Zoning Upon Annexation No. 5175 would
be compatible with future and existing development on the
surrounding properties; 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:
1. All of the foregoing recitals are hereby found to
be true and correct.
2. The Negative Declaration with mitigation for this
zoning action is hereby approved and adopted.
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3. That Title Seventeen of the Bakersfield Municipal
Code of the City of Bakersfield and City Zoning Map No. 103-21 is
hereby amended by prezoning said property and extending the
boundaries of said map to include that certain property in the
County of Kern located north of Freeway 178 to Columbus Street
between River Blvd. and Haley Street contiguous to the boundary
of the City of Bakersfield known as the HALEY NO. 1 ANNEXATION,
upon the annexation of said property to the City of Bakersfield,
subject to the conditions of approval attached marked Exhibit
"A", 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 in attached
Exhibit "C".
SECTION 2.
This ordinance shall be posted in accordance with the
Bakersfield Municipal Code 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 ..........
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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 2 S 1§§I , by the
following vote:
AYES: COUNCILMEMBERS EDWARD.~, DeMOND, SMITH, BRUNNI,4~. ....... McDERMOTt, SALVAGGIO
NOES COUNCILMEMBERS:
~ENT COUNCILMEMBERS
ABSTAIN COUNCILMEMBERS
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED OCT 2 $ 1991
CLARENCE E. MEDDERS
MAYOR of the City of Bakersfield
APPROVED as to form:
LAWRENCE M. LUNARDINI
CITY ATTORNEY of the City of Bakersfield
pjt
Attachments
a:CCO.hl
Exhibit "A"
Exhibit "B"
Exhibit "C"
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EXHIBIT "A
Haley No. 1 Annexation
Conditions of Approval
Zoning Upon Annexation #5175
Planning Department
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.
Public Works Departmemt
River Boulevard between the south right-of-way line of
Bernard Street and the north right-of-way line of
Columbus Street should remain outside the proposed
annexation.
a:srhl
0 0 0 0
I. I I
CITY OF BAKERSFIELD
ZONING MAP 103-21
SEC. 21 T 295 R 2B~
LEGEND
EXHIBIT '"C"
HALEY NO. 1
Z. U. A. NO. 5175
ZONING BOUNDARY DESCRIPTIONS
Those parcels of land situated in the West half of Section 21, Township 29 Southe,
Range 28 East, M.D. M., State of California, County of Kern, more particularly
described as follows:
COUNTY R-1 (LOW-DENSITY RESIDENTIAL) ZONE TO CITY R-1
(ONE FAMILY DWELLING) ZONE
Lots 21 through 85 as shown on map of Tract 1282 filed in Book 5 of maps, Page 1!56
in the Office of the Kern County Recorder; also the West half (West 300 feet) of
"Villa lot 12" as lots are shown on Map of "DRURY'S ADDITION OF KERN CITY"
filed in Book 1 of maps, Page 101 in the Office of the Kern County Recorder
(the East line of Berger Street taken as West line of said lot).
Containing 18.85 Acres (+)
COUNTY R-2 (MEDIUM-DENSITY RESIDENTIAL) ZONE TO CITY R-2
LIMITED MULTIPLE FAMILY DWELLING ZONE
Lots 11 through 42 of Block 1 and Lots 11 through 42 of Block 2 in "KERN BOULEVARD
HEIGHTS" per map filed in Book 2 of maps, Page 39 in the Office of the Kern County
Recorder;
ALSO, Lots 25 through 48 in Block 1 and all lots (1 through 48) in Block 2 in
"ORANGE HEIGHTS ADDITION" per map filed in Book 2 of maps, Page 55 in the Office
of the Kern County Recorder;
ALSO, Lots 1 through 19 in Tract 1029 per map filed in Book 4 of maps, Page 67
in the Office of the Kern County Recorder;
ALSO, all lots in those subdivisions as follows: Tract 1095 per map filed in
Book 4 of maps, Page 156; "PILE SUBDIVISION" per map filed in Book 2 of maps,
Page 2; "WILSHIRE HEIGHTS" per map filed Book 2, Page 15; "WILSHIRE HEIGHTS"
NO. 1" per map filed in Book 2 of maps, Page 17; "WILSHIRE HEIGHTS" NO. 2 and
"WILSHIRE HEIGHTS" NO. 3 per map filed in Book 2 of maps, Page 25; Excepting
all portions South of the North Right of Way line of State Freeway 178, and all
lots in Block 3 of said "Wilshire Heights No. 3".
ALSO, l~ts 1 through 17 in "MESA TRACT" per map filed in Book 3 of maps, Page 2
and that portion of Lot 58 in "MESA TRACT NO. 2" (per map filed in Book 3 of maps,
Page 4) lying North of the State Freeway 178 Right of Way and the adjacent Northerly
1/2 of the vacated portion of Drury Lane;
ALSO, that portion of Lots 9 through 16 in Block 77 in "DRURY'S ADDITION OF
KERN CITY" (per map filed in Book 1 of maps, Page 101) lying North of the State
Freeway 178 Right of Way and the adjacent Southerly 1/2 of the vacated portion
of Dru~/ Lane.
Containing 54.72 Acres (+)
35:ZBD.4RTY
COUNTY C-1 (NEIGHBORHOOD CCMMERCIAL) ZONE TO CITY C-1 (LIMIT~U
CCMMERCIAL) ZONE.
%he West 150 feet of the North 125 feet of that parcel of land bounded on the
North by the South line of Columbus Avenue, on the South by the North line of
Water Street, on the West by the East line of River Boulevard and on the East
by the West boundary line of Tract 1926 per map filed in Book 9 of maps, Page
143;
ALSO, Lots 1 through 10 of Block 1 and Lots 1 through 10 of Block 2 in "KERN
BOULEVARD HEIGHTS" per map filed in Book 2 of maps, Page 39;
AL~O, Lots 20 through 35 in Tract 1029 per map filed in Book 4 of maps, Page
67.
Containing 5.41 Acres (+__)
COUNTY C-2 (GENERAL COMMERCIAL) ZONE TO CITY C-t (LIMITED
CC~A~ERC IAL ) ZONE.
The parcel of land bounded on the North by South line of Columbus Avenue, on
the South by the North line of Water Street, on the West by the East line of
River Boulevard and on East by the West boundary line of said Tract 1926,
excepting the West 150 feet of the North 125 feet of said parcel;
ALSO, Lots 18 through 25 in the "MESA TRACT" per map filed in Book 3 of maps,
Page 2 including the additional parcel area in said Lot 18 created by the
abandonment of portions of Right of Way for Knotts Street and Bernard Street
adjacent to said lot. ~
Containing 5.53 Acres (+)
COUNTY C-2 P D (~ CCMMERCIAL, PRECISE DEVELOPMENT
CCMBINING) ZONE TO CITY C-1 (LIMITED ~IAL) ZONE.
The East 135 feet of the South 150 feet of "Villa Lot 12" per map of "DRURY'S
ADDITION OF KERN CITY" filed in Book 1 of maps, Page 101; also that portion of
Block 3 (Lots 17 through 36) in "WILSHIRE HEIGHTS NO. 3, ADDITION TO EAST
BAKERSFIELD" lying North of the North Right of Way line of State Freeway 178
and West of the additional Right of Way.dedicated for Haley Street.
Containing 1.61 Acres (+__)
35:ZBD.4RTY2 RTY:lh
COUNTY R-3
(LIMITED NKJLTIPLE FAirlILY ~.LING) ZONE.
~ne South 75.80 feet of Lot 1, all of Lots 3 through 11 and that parcel marked
"NOT A PART OF THIS SUBDMSION" in Tract No. 1926 per map filed in Book 9 of
Maps, Page 143 in the Office of the Kern County Recorder;
ALSO, Lots 1 through 24 of Block 1 in "ORANGE HEIGHTS ADDITION" per map filed
in Book 2 of maps, Page 55 in the Office of the Kern County Recorder;
ALSO, Lots i through 11 of Block 34, Lots 7 through 21 of Block 56, all Lots
(1 through 32) of Block 57, Lots 17 through 28 of Block 58 and Lots 1 through
29 of Block 59 in "DRURY'S ADDITION OF KERN CITY" per map filed in Book 1 of
maps, Page 101, except.ing any portion within the Right of Way for State Freeway
178.
Containing 12.11 Acres (+~)
COUNTY R-3 P D (HIGH-DENSITY RESIDENTIAL, PRECISE DEVELOPMENT
COMBINING) ZONE TO CITY R-3 (LIMITSU F~3LTIPLE FAMILY DWELLING)
ZONE.
Lots 26 through 39 in "MESA TRACT" per map filed in Book 3 of Maps, Page 2;
ALSO, the East half of "VILLA LOt 12" per map of "DRURY'S ADDITION OF KERN
CITY" filed in Book 1 of maps, Page 101, excepting the North 135 feet and the
East 135 feet of the South 150 feet thereof.
Containing 3.76 Acres (+_/)
COUNTY R-2 (MEDIUM-DENSITY RESIDENTIAL)ZONE TO CITY R-3 (LIM1T~u
~3LTIPLE FAMILY DWR~.r.ING) ZONE.
Lots 40 through 56 in "MESA TRACT" per map filed in Book 3 of maps, Page 2;
ALSO, Lots 5 through 16 in Block 58, Lots 17 through 20 in Block 77 and the
"RESERVOIR" lot between Blocks 58 and 59 per map of "DRURY'S ADDITION OF KERN
CITY" filed in Book 1 of maps, Page 101, excepting any portion within the
Right of Way for State Freeway 178.
Containing 3.69 Acres (+)
35:ZBD. 4RTY1 RTY:lh
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
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
28th day
City Hall, a
No. 3406
on the 23rd
qualified City Clerk of the City
of October , 19 91 she
full, true and correct copy of
passed by the Bakersfield
day of October , 19 91,
NSAOPD
/s/ CAROL WILLIAMS
CITY CLERK of the City of Bakersfield
DEPUTY City Clerk