HomeMy WebLinkAboutORD NO 3519ORDINANCE NO. 3 ~! 9
AN ORDINANCE AMENDING SECTION 17.06.020 OF
CHAPTER 17.06 (ZONING MAP) OF THE BAKERSFIELD
MUNICIPAL CODE AND CITY ZONING MAP 102-19 BY
PREZONING PROPERTY LOCATED BETWEEN WEST
OF CALLOWAY DRIVE BETWEEN MEACHAM ROAD
AND ROSEDALE HIGHWAY KNOWN AS CALLOWAY NO.
5 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, MARCH 4, 1993, to consider zoning certain property
proposed for annexation to said City, known as CALLOWAY NO. 5 ANNEXATION, and
made several general and specific findings of fact which warranted a negative declaration
of environmental impact; and
WHEREAS, CALLOWAY NO. 5 ANNEXATION prezoning area comprises
approximately 25 _+ acres of land contiguous to the boundary of the City of Bakersfield,
B , and
as shown on the attached map marked Exhibit .....
WHEREAS, by Resolution No. 8-93 on March 4, 1993, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of
the Municipal Code to approve Prezoning No. 5429 to E (Estate-One Family Dwelling)
zone, with mitigation measures as set forth in said resolution; and
WHEREAS, the laws and regulations relating to the preparation and
adoption of Negative Declarations, as set forth in CEQA and City of Bakersfield's
CEQA Implementation Procedures, 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 January 29, 1993, in accordance with CEQA: 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.
OR/G;NAL
3. Proposed Prezoning designations as mitigated will not have a significant
adverse effect on the environment.
4. The proposed Prezoning designation is consistent with the Metropolitan
Bakersfield 2010 General Plan.
5. Proposed Prezoning No. 5429 would be compatible with future and
existing development on the surrounding properties: and
6. The California State Legislature enacted Senate Bill 1287 that preempts
the City's ability to impose mitigation above and beyond the $1.65 per square foot for
residential fee plus the $! per square feet that may be imposed by the school districts.
WHEREAS, the City Council has determined after due consideration of the
motion and recommendation of the Planning Commission, herein on file, together with
the reasons advanced at the Planning Commission hearing, that said zoning should be
authorized upon annexation of said property to the City.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
Bakersfield as follows:
1. All of the foregoing recitals are hereby found to be true and correct.
2. The Negative Declaration with mitigation for this zoning action is
hereby approved and adopted.
3. That Title Seventeen of the Bakersfield Municipal Code of the City of
Bakersfield and City Zoning Map No. 102-19 is hereby amended by prezoning said
property and extending the boundaries of said map to include that certain property in
the County of Kern located west of Calloway Drive between Meacham Road and
Rosedale Highway contiguous to the boundary of the City of Bakersfield known as the
CALLOWAY NO. 5 ANNEXATION, upon the annexation of said property to the City of
Bakersfield, subject to the conditions of approval and mitigation attached in Exhibit "A"
the zoning designations and boundaries of which property are shown on the map in
attached Exhibit "B", hereto attached and made a part of this ordinance, and are more
specifically described in attached Exhibit "C".
SECTION 2.
This ordinance shall be posted in accordance with the Bakersfield
Municipal Code and shall become effective upon the annexation of the above-described
territory to the City of Bakersfield, but not less than thirty (30) days from and after the
date of its passage.
.......... o0o ..........
2
I HEREBY CERTIFY that the foregoing Ordinance was passed and
adopted by the Council of the City of Bakersfield at a regular meeting thereof held on __
APR 2 8 ~3'/~ , by the following vote:
AYES: C43UNCILMEMBERS: EDWARDS. DeMOND, ~MITH, BIIUNN{. EANE, Mi~DliRMO?? ~L¥~
NOI~$: COUNCILMEMBERS
ABSENT COUNC4LMEMBER$:
ABSTAIN COUNCILMEMBERS'
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
MAYOR of the City of Bakersfield
APPROVED as to fom~:
LAWRENCE M. LUNARDIN1
CITY ATI'ORNEY of the City of Bakersfield
pit
Attachments - Exhibits "A" - "C"
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3
CITY OF BAKERSFIELD
ZONING MAP IO2 ltJ
C-2
EXHIBIT "B"
Prezoning No. 5429
COUNTY A-1 (LIMITED AGRICULTURE) ZONE
TO CITY E (ESTATE-ONE FAMILY DWELLING) ZONE
A portion of the Southeast 1/4 of Section 19, T. 29 S., R. 27 E.,
M.D.M., Kern County, California, more particularly described as
follows:
Commencing at the point of intersection of the centerlines of
Calloway Drive and Meacham Road, said point also being the east 1/4
corner of said Section 19;
THENCE South 00'06'17" East, along the east line of said Section 6,
a distance of 1335.91 feet;
THENCE North 89'59'55" West, 30.00 feet to the southeast corner of
Parcel 4 of Parcel Map No. 208 filed in Book 2 of parcel maps, Page
52, in the office of the Kern County Recorder;
THENCE North 89'59'55" West, along the south line of said Parcel 4,
a distance of 640.75 feet to the true point of beginning;
THENCE following the boundary lines of said Parcel 4 for the
following six (6) courses:
THENCE (1) North 89'59'55" West, 670.81 feet;
THENCE (2) North 00'00'11" East, 819.80 feet;
THENCE (3) North 89'50'10" East, 1310.02 feet;
THENCE (4) South 00'06'17" East, 683.57 feet;
THENCE (5) North 89'59'55" West, 640.75 feet;
THENCE (6) South 00'06'17" East, along said .boundary line and
prolongation thereof, 140.00 feet to the point of beginning.
Containing 22.67 acres
COUNTY E (10) RS (ESTATE 10 ACRE MIN., RESIDENTIAL
SUBURBAN COMBINING) ZONE TO CITY E (ESTATE-ONE
FAMILY DWELLING) ZONE
Beginning at the Southeast corner of said Parcel 4 (Per Parcel Map
No. 208);
THENCE North 89'59'55" West, 640.75 feet;
THENCE North 00'06'17" West, 140.00 feet;
THENCE South 89'59'55" East, 640.75 feet;
THENCE South 00'05'17" East, 140.00 feet to the point of beginning;
0:32293
Containing 2.06 acres
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) sso
County of Kern )
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 3rd day of May, 1993
she posted on the Bulletin Board at City Hall, a full, true and
correct copy of the following: Ordinance No. 3519, passed by the
Bakersfield City Council at a meeting held on the 28th day of
April, 1993, and entitled:
By:
/s/ CAROL WILLIAMS
City Clerk of the City of Bakersfield