HomeMy WebLinkAboutORD NO 3425ORDINANCE NO. $~S £ 5
AN ORDINANCE AMENDING SECTION
17.06.020 OF CHAPTER 17.06 (ZONING
MAP) OF THE BAKERSFIELD MUNICIPAL
CODE AND CITY ZONING MAP NOS. 122-
16, 122-21, 122-22 AND 122-23 BY
PREZONING PROPERTY LOCATED FROM
PANAMA LANE TO ONE MILE NORTH OF
PANAMA LANE, ONE MILE WEST OF
BUENA VISTA ROAD TO FOUR MILES
WEST OF BUENA VISTA ROAD KNOWN AS
KERN RIVER NO. 10 ANNEXATION.
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 THURSDAY, NOVEMBER 7, 1991, to consider zoning certain
property proposed for annexation to said City, known as KERN RIVER NO. 10
ANNEXATION, and made several general and specific findings of fact which warranted a
negative declaration of environmental impact; and
WHEREAS, Kern River No. 10 Annexation prezoning area comprises
approximately 2,070 acres of land contiguous to the boundary of the City of Bakersfield,
as shown on the attached maps marked Exhibits "B", "C", "D" and "E"; and
WHEREAS, by Resolution No. 78-91 on November 7, 1991, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of
the Municipal Code to approve Zoning Upon Annexation No. 5235 to A-20A
(Agricultare-20 acre minimum) zone, mitigation measures 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 with mitigation was advertised and
posted on October 15, 1991, in accordance with CEQA; and
ORIQINAL
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 A-20A (Agriculture-20 acre
minimum) zone.
5. Proposed Zoning Upon Annexation designations are consistent with the
Metropolitan Bakersfield 2010 General Plan.
6. The proposed prezoning is consistent with existing land use in the area.
7. The proposed Zoning Upon Annexation No. 5235 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:
SECTION 1.
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.
3. That Title Seventeen of the Bakersfield Municipal Code of the City of
Bakersfield and City Zoning Map Nos. 122-16, 122-21, 122-22 and 122-23 is hereby
amended by prezoning said property and extending the boundaries of said map to
include that certain property in the County of Kern from Panama Lane to one mile
north of Panama Lane, one mile west of Buena Vista Road to four miles west of Buena
Vista Road contiguous to the boundary of the City of Bakersfield known as the KERN
RIVER NO. 10 ANNEXATION, upon the annexation of said property to the City of
ORIGINAL
Bakersfield, subject to mitigation attached in Exhibit "A", 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 in attached Exhibit "F".
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
ORIGINAL
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 __
13EC 1 8 1991, by the following vote:
AYES: COUNCILMEMBERS: EDWARDS DeMOND, SMITH, BRUNNI, ,~T£,RSON, f~,~.E4~l.~, SALVAGGIO
NOES; COUNCILMEMBERS:
A-~SE NT COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS'
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED 0Eg 1 8 1991
CLARENCE E. MEDDERS
MAYOR of the City of Bakersfield
APPROVED as to form:
LAWRENCE M. LUNARDINI
CITY ATTORNEY of the City of Bakersfield
pit
Attachment -
a:CCO.ZUAkr10
November 18, 1991
Exhibits "A" through
Exhibit "F"
4
EXHIBIT "A"
Mitigation Measure
Kern River No. 10 Annexation
Zoning Upon Annexation No. 5235
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.
A archaeological report subject to the approval of the California Archaeological
Inventory at California State College must be submitted to the Planning
Department with proof of compliance of pertinent mitigation measures prior to
the issuance of any development permit.
ORI~INAL
FP'$
CITY OF BAKERSFIELD
ZONING MAP 122-16
SEC. 16 T 3Os R 26E
LEGEND
0
CITY OF BAKERSFIELD
ZONING MAP 122-21
SEC 21 T 3Os R 26[
LEGEND
.m
CITY OF BAKERSFIELD
ZONING MAP 122-22
SEC 22 I3Os R26~
LEGEND
0
Z
CITY OF B/~KERSFIELD
ZONING MAP 122-23
SEC 23 T30s R26~
LEGEND
EXHIBIT "F"
LEGAL DESCRIPTION
FROM A COUNTY A (EXCLUSIVE AGRICULTURAL) ZONE TO A CITY A-20A
(AGRICULTURE-20 ACRE MINIMUM LOT SIZE) ZONE:
THE AREA HEREIN DESCRIBED AND GRAPHICALLY REPRESENTED AT EXHIBIT
"B" CONSISTS OF SECTIONS 21,22,23 AND A PORTION OF SECTION 16, ALL
WITHIN TOWNSHIP 30 SOUTH, RANGE 26 EAST, M.D.B.&M.
THE AREA IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER, SAID SECTION 23;
THENCE 1)
S 00°55'33" W, ON AND ALONG THE EAST LINE
THEREON, A DISTANCE OF 5,280.40 FEET TO THE
SOUTHEAST CORNER, SAID SECTION 23;
THENCE 2)
N 89°24'08" W, ON AND ALONG THE SOUTH LINE
THEREON, A DISTANCE OF 2,640.91 FEET TO THE
SOUTH QUARTER CORNER, SAID SECTION 23;
THENCE 3)
N 89°22'55" W, ON AND ALONG THE SOUTH LINE
THEREON, A DISTANCE OF 2,640.65 FEET TO THE
SOUTHWEST CORNER, SAID SECTION 23;
THENCE 4)
N 89°37'09" W, ON AND ALONG THE SOUTH LINE OF
SAID SECTION 22, A DISTANCE OF 2,641.66 FEET
TO THE SOUTH QUARTER CORNER, SAID SECTION 22;
THENCE 5)
N 89°36'56" W, ON AND ALONG THE SOUTH LINE
THEREON, A DISTANCE OF 2,641.44 FEET TO THE
SOUTHWEST CORNER, SAID SECTION 22;
THENCE 6)
N 89°25'19" W, ON AND ALONG THE SOUTH LINE OF
SAID SECTION 21, A DISTANCE OF 2,640.09 FEET
TO THE SOUTH QUARTER CORNER, SAID SECTION 21;
THENCE 7)
N 89°25'29" W, ON AND ALONG THE SOUTH LINE
THEREON, A DISTANCE OF 2,640.02 FEET TO THE
SOUTHWEST CORNER, SAID SECTION 21;
THENCE 8)
N 00°44'50" E, ON AND ALONG THE WEST LINE OF
SAID SECTION 21, A DISTANCE OF 2,664.10 FEET
TO THE WEST QUARTER CORNER, SAID SECTION 21;
THENCE 9)
N 00°46'47" E, ON AND ALONG THE WEST LINE
THEREON, A DISTANCE OF 2,664.02 FEET TO THE
NORTHWEST CORNER, SAID SECTION 21;
ORIGINAL
Exhibit "F"
Page 2
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
lO)
11)
12)
13)
14)
16)
17)
N 01°19'24" E, ON AND ALONG THE WEST LINE OF
SAID SECTION 16 A DISTANCE OF 3,035.27 FEET TO
A POINT ON THE SOUTHEASTERLY RIGHT OF WAY LINE
OF THE KERN RIVER CANAL AS RECORDED IN BOOK
4999 AT PAGE 431, O.R.;
PROCEEDING NORTHEASTERLY ALONG SAID RIGHT OF
WAY LINE, N 56"09'26" E, A DISTANCE OF 311.91
FEET TO THE BEGINNING POINT OF A TANGENT
CURVED LINE, CONCAVE TO THE NORTHWEST, HAVING
A RADIUS OF 549.89 FEET, FROM WHICH THE RADIAL
POINT OF SAID CURVED LINE, BEARS N 33°09'26"W;
NORTHEASTERLY, ON ALONG SAID CURVED LINE,
THROUGH A CENTRAL ANGLE OF 09°51'00", AN ARC
DISTANCE OF 94.53 FEET;
N 46°18'26" E, A DISTANCE OF 45.59 FEET TO A
POINT ON THE SOUTHWESTERLY RIGHT OF WAY LINE
OF THE MC KITTRICK BRANCH, SOUTHERN PACIFIC
RAILROAD AS RECORDED IN BOOK 47 AT PAGE 356,
AND IN BOOK 54 AT PAGE 262, DEEDS;
DEPARTING FROM SAID KERN RIVER CANAL RIGHT OF
WAY LINE AND PROCEEDING SOUTHEASTERLY ALONG
SAID S.P.R.R. RIGHT OF WAY LINE, S 42°35'38"E,
A DISTANCE OF 432.88 FEET;
S 47°24'22" W, A DISTANCE OF 99.99 FEET;
S 42~35'38" E, A DISTANCE OF 2,959.63 FEET;
N 47°24'22" E, A DISTANCE OF 101.97 FEET TO
THE BEGINNING POINT OF A NON-TANGENT RAILROAD
TAPER CURVE, CONCAVE TO THE NORTHEAST AND
COMPOSED OF A SERIES OF NINE CIRCULAR ARC
SEGMENTS, EACH CONCAVE TO THE NORTHEAST;
SEGMENT (1)
HAVING A RADIUS OF 3,280.41
FEET, A CENTRAL ANGLE OF
00°25'29", AND ARC LENGTH OF
24.31 FEET.
SEGMENT (2)
HAVING A RADIUS OF 2,914.46
FEET, A CENTRAL ANGLE OF
42°40'00", AND ARC LENGTH OF
2,170.32 FEET.
Exhibit "F"
Page 3
THENCE
THENCE
THENCE
THENCE
18
19)
20)
21)
SEGMENT (3)
HAVING A RADIUS OF 3,323
FEET, A CENTRAL ANGLE
00'31'30" AND ARC LENGTH
30.45 FEET.
.66
OF
OF
SEGMENT (4)
HAVING A RADIUS OF 3,869
FEET, A CENTRAL ANGLE
00'27'00" AND ARC LENGTH
30.39 FEET.
.26
OF
OF
SEGMENT (5)
HAVING A RADIUS OF 4,633
FEET, A CENTRAL ANGLE
00'22'30" AND ARC LENGTH
30.32 FEET.
.30
OF
OF
SEGMENT (6)
HAVING A
FEET, A
00°18,00-
30.26 FEET
RADIUS OF 5,778.97
CENTRAL ANGLE OF
AND ARC LENGTH OF
SEGMENT (7)
HAVING A RADIUS OF 7,688.48
FEET, A CENTRAL ANGLE OF
00'13'30" AND ARC LENGTH OF
30.19 FEET;
SEGMENT (8)
HAVING A RADIUS OF
FEET, A CENTRAL
00'09'00" AND ARC
30.13 FEET.
11,507.73
ANGLE OF
LENGTH OF
SECTION (9)
HAVING A RADIUS OF
FEET, A CENTRAL
00'04'30" AND ARC
30.06 FEET.
22,965.42
ANGLE OF
LENGTH OF
PROCEEDING ON AND ALONG SAID AND MORE FULLY
DESCRIBED TAPER CURVE IN A SOUTHEASTERLY
DIRECTION, A DISTANCE OF 2,406.43 FEET;
S 89°27'38" E, A DISTANCE OF 382.92 FEET;
S 01'14'53" W, A DISTANCE OF 0.81 FEET TO THE
NORTHEAST CORNER, SAID SECTION 21;
S 89°28'33" E, ON AND ALONG THE NORTH LINE,
SAID SECTION 22, A DISTANCE OF 5,297.99 FEET
TO THE NORTHEAST CORNER, SAID SECTION 22;
Exhibit "F"
Page 4
THENCE 22)
S 89°21'54" E, ON AND ALONG THE NORTH LINE,
SAID SECTION 23, A DISTANCE OF 5,278.45 FEET
TO THE NORTHEAST CORNER, SAID SECTION 23, THE
POINT OF BEGINNING.
EXCEPTING THEREFROM the public road right-of-way for Panama Lane
(Co.Rd. No. 4 & 126).
CONTAINING 2,059.70 ACRES
ORIGINAL
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
)
County of Kern)
SS.
CAROL WILLIAMS, Being duly sworn,
deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City
of Bakersfield; and that on the 20th day of December 19 91 she
posted on the Bulletin Board at City Hall, a full, true and correct copy of
the following: Ordinance No. 3425
City Council at a meeting held on the 18th
and entitled:
day
passed by the Bakersfield
of December , 1991 ,
NSAOPD
/s/ CAROL WILLIAMS
CITY CLERK of the City of Bakersfield
DEPUTY City Clerk