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HomeMy WebLinkAboutORD NO 3419' ORDINANCE NO. ~ AN ORDINANCE AMENDING SECTION 17.06.020 OF CHAPTER 17.06 (ZONING MAP) OF THE BAKERSFIELD MUNICIPAL CODE ~ND CITY ZONING MAP 102-19 BY PREZOl~ING PROPERTY LOCATED AT THE NORTHWEST CORNER OF ROSEDALE HWY. AND CALLOWAY DRIVE KNOWN AS CALLOWAY NO. 4 ANNEXATION (WARD 4). WHEREAS, in accordance with the procedure set forth in the provisions of Title 17 of the Municipal Co~e of the City of Bakersfield, the Planning Commission held a public hearing on THURSDAY, OCTOBER 3, 1991, on a request by the City of Bakersfield to zone certain p~operty now being annexed to said City, known as CALLOWAY NO. 4 ANNEXATION, and made several general and specific findings of fact which warranted a negati~ve declaration of environmental impact; and WHEREAS, Calloway No. 4 Annexation prezoning area comprises 23 +/- acres of land contiguous to tl!e boundary of the City of Bakersfield, as shown on the attached map marked Exhibit: "A"; and WHEREAS, by Resolution No. 73-91 on October 3, 1991, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zoning Upon Annexation No. 5207 to C-2 (Commercial) zone, as set forth in said resolution; and WHEREAS, thei law and regulations relating to the preparation and adoption of Negative Declarahons, 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 September 6, 1991, in accordance with CEQA; and ORIGINAL 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 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 C-2 (Commercial zone. 5. Proposed Zoning Upon Annexation designations are consistent with the Metropolitan Bakersfield 2010 General Plan regarding location and design of residential and commercial designations. 6. The proposed prezoning is consistent with existing land use in the area. 7. The proposed Zoning Upon Annexation No. 5207 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. adopted. 2. The Negative Declaration for this zoning action is hereby approved and 3. That Title Seventeen of the Bakersfield Municipal Code of the City of Bakersfield and City Zoning Map No. 102-19 is hereby amended by prezoning said property and extending the boundaries of said map to include that certain property in 2 ORIGINAL the County of Kern located at the northwest corner of Rosedale Highway and Calloway Drive contiguous to the boundary of the City of Bakersfield known as the CALLLOWAY NO. 4 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 in attached Exhibit "B". 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. 3 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 n F ~ .- 4 19 91 , by the following vote: AYES; COUNCILMEMBERS: EDWARD. S.. DeMOND, S,M;T;;, BRUNNL PETERSON, McDERMOTT, $ALVAGGIO NuES; COUNCILMEMBERS /~SENT COUNCILMEMBERS: ,,~l M~STAIN COUNCILMEMBERS CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED DEC -- 4 1991 CLARENCE E. MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: LAWRENCE M. LUNARDINI/,/f- CITY ATTORNEY of the City of Bakersfield pjt Attachment - Exhibit "A" Exhibit "B" a:CCO.ZUA.C4 4 ORIGIN,~.L ROAD J CITY OF BAKERSFIELD ZONING MAP 102-19 SEC 19 T 29s R. 27E COUNTY C-2D (GENERAL COMMERCIAL-ARCHITECTURAL DESIGN) ZONE TO CITY C-2 (~RCIAL) ZONE. Co~nencing at a point on the east line of said Section 19, distant North 00005'45" West, 80.00 feet from the Southeast corner thereof; THENCE North 89°49'10" West and parallel with the South line of said Section 19, a distance of 671.95 feet to a point on the west line of said lot 32 and the true point of beginning; THENCE Continuing north 89°49'10" West, 167.99 feet to a point on the west line of the East ~of the East ~of said Lot 31; THENCE North 00°01'50 West, along said west line, 172.00 feet; THENCE South 89°49'10" East, 167.95 feet to a point on the west line of said Lot 32; THENCE South 00002'37" East, along said west line, 172.00 feet to the point of beginning; Containing 0.66 ACRES (+/-) COUNTY M-1 PD (LIGHT INDUSTRIAL-PRECISE DEVELOPMENT COMBINING) ZONE TO CITY C-2 ( COMMERC I3kL ) ZONE. Cu~m~ncing at a point on the east line of said Section 19, Distant North 00o05'45" West, 80.00 feet from the Southeast corner thereof; THENCE North 89°49'10" West and parallel with the south line of said Section 19, a distance of 839.94 feet to a point on the west line of the East ~of the East ~of said LOt 31; R~ENCE North 00o01'50" West, along said West line, 734.37 feet to the true point of beginning; THENCE continuing North 00o01'50" West, 562.00 feet to a point on the north line of said LOt 31; THENCE South 89059'38" East, 167.70 feet to the Northeast corner of said LOt 31; THENCE South 00°02'37" East, along the east line of said Lot 31, a distance of 562.00 feet; /'HENCE North 89o59'38" West, 167.83 feet %o the point of beginning. Containing 2.17 ACRES (+/-) OR~(~INAL 4:EXHll13.2 RTY:wrn EXHIBIT "B" CALLOWAY NO. 4 Z.U.A. DESCRIPTIONS COUNTY C-2 PD (GENERAL COMMERCIAL, PRECISE DEVELOPMENT COMBINING) ZONE TO CITY C-2 (~RCIAL) ZONE. A portion of Lots 31 and 32 in Section 19, Township 29 South, Range 27 East, M.D.M., Kern County, California, as said lots are shown on "Sales Map of Lands of J.B. HAGGIN" filed August 20, 1890 in the office of the Kern County Recorders. being more particularly described as follows: Cc~w~encing at a point on the east line of said Section 19, distant North 00005'45" West, 80.00 feet form the southeast corner thereof; THENCE North 89°49'10" West, 30.00 feet to the true point of beginning; THENCE Continuing North 89°49'10" West and parallel with the south line of said Section 19, a distance of 641.95 feet to a point on the west line of said Lot 32; THENCE North 00002'37" West, along said west line, 172.00 feet; THENCE North 89°49'10" West, 167.95 feet to a point on the west line of the East ~of the East ~of said Lot 31; THENCE North 00001'50" West, along said west line, 519.37 feet; THENCE South 89059'38" East, 167.83 feet to a point on the west line of said lot 32; THENCE North 00002'37" West, along said west line, 562.00 feet to the northwest corner of said lot; THENCE South 89059'38" East, along the north line of said Lot 32, a distance of 270.80 feet; THENCE South 00005'45" East, 225.00 feet; THENCE South 89059'38" East, 370.00 feet to a point on the west line of the east 30.00 feet of said Section ].9; THENCE South 00005'45" East, along said West line, 1030.93 feet to the Point of Beginning; CONTAINING 18.51 ACRES (+/-) 4:EXHll13.1 ORIGII~AI. COUNTY E(1) RS (ESTATE-1 ACRE, RESIDENTIAL SUBURBAN COMBINING) ZONE TO CITY C-2 (COMMERCIAL) ZONE. Cc~nencing at a point on the east line of said Section 19, distant north 00°05'45" West, 1110.93 feet from the Southeast corner thereof; THENCE North 89059'38" West, 30.00 feet to the true point of beginning; THENCE Continuing North 89059'38" West, 370.00 feet; THENCE North 00005'45" West, 225.00 feet to a point on the north line of said Lot 32; THENCE South 89059'38" East, along said north line, 370.00 feet to a point on the west line of the east 30.00 feet of said Section 19; THENCE South 00005'45" East, along said west line, 225.00 feet to the point of beginning. Containing 1.91 ACRES (+/-) 4:EXHll13.3 RTY :wrn 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 the 6th day of December posted on the Bulletin Board at City Hall, a full, true the following: Ordinance City Council at a meeting held on and entitled: No. 3419 , passed the 4th day of of the City , 19 91 she and correct copy of by the Bakersfield December , 19 91, NSAOPD /s/ CAROL WILLIAMS CITY CLERK of the City of Bakersfield