HomeMy WebLinkAboutORD NO 3526ORDINANCE NO. R .~ 2 6
AN ORDINANCE AMENDING SECTION 17.06.020 OF
CHAPTER 17.06 (ZONING MAP) OF THE BAKERSFIELD
MUNICIPAL CODE AND CITY ZONING MAP 104-30 BY
PREZON1NG PROPERTY LOCATED AT THE SOUTHEAST
CORNER OF COLLEGE AVENUE AND MORNING DRIVE
KNOWN AS COLLEGE 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, and continued to APRIL 1, 1993, to consider
prezoning certain property proposed for annexation to said City, known as COLLEGE NO. 5
ANNEXATION, and made several general and specific findings of fact which warranted a
negative declaration of environmental impact; and
WHEREAS, Annexation prezoning area comprises approximately 25 +/- acres of
land contiguous to the boundary of the City of Bakersfield, as shown on the attached map
marked Exhibit "B"; and
WHEREAS, by Resolution No. 23-93 on April 1, 1993, the Planning Commission
recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code
to approve Prezoning No. 5430 to R-1 (One Family Dwelling) zxmc, 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 considcrcd the findings made by the Planning
Commission as set forth in that resolution; and
WHEREAS, a Negative Declaration was advertised and posted on January 20,
1993, in accordance with CEOA; and
WHEREAS, thc 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 prezoning designations will not have a significant adverse effect
on the environment.
4. Proposed prezoning designations arc consistent with the Metropolitan
Bakersfield 2010 General Plan.
5. Proposed prezoning is consistent with existing land use in the area.
6. Proposed Prezoning No. 5430 would be compatible with future and
existing development on the surrounding properties; and
ORI(31NAL
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.
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. 104-30 is hereby amended by prozoning said property and
extending the boundaries of said map to include that certain property in the County of Kern
located at the southeast corner of College Avenue and Morning Drive contiguous to the
boundary of the City of Bakersfield known as the College 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 map marked Exhibit "B", hereto attached and made a part of
this ordinance, and are more specifically described in attached Exhibit "A".
SECTION 2.
This ordinance shall be posted in accordance with the Bakersfield Municipal Code
and shall become effective not less than thirty (30) days from and aRer the date of its passage.
.......... 000 .........
2
ORIG~NAL
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
MAY I I~ ~ , by the following vote:
~YES: COIJNC, ILMEi, JIBERS: EDWARDS. [~MONP ~;MITH. BII~I. ~NE, ~DE~TT ~LVA~
NOES: ~UNCILMEMBERS ~ ~
A~ENT ~UNCILMEMSER~: ~x k) ~ ~
A~TAIN COUNCiLMEMBERS' ~ t n ~ ~
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED MAY ~
MAYOR of the City of Bakersfield
APPROVED as to form:
LAWRENCE M. LUNARDINI
CITY A'ITORNEY of the City of Bakersfield
MO:pjt
April 15, 1993
rprez.c4
EXHIBIT "A"
PKEZONING 5430 - COLLEGE NO. 5 ANNEXATION
COUNTY R-1 (LOW-DENSITY RESIDENTIAL) ZONE
TO CITY R-1 (ONe-FAMILY DWELLING) ZONE
Parcel i:
The northeast quarter of the northwest quarter of the northwest
quarter of Section 30, Township 29 South, Range 29 East, M.D.B.M.,
in the unincorlDorated area of the County of Kern, State of
California, as per the official plat thereof on file in the Office
of the Surveyor General.
Parcel 2:
The west half of the northwest quarter of the northwest quarter of
fractional Section 30, Township 29 South, Range 29 East, M.D.B.M.,
in the unincorporated area of the County of Kern, State of
California, as per the official plat thereof on file in the Office
of the Surveyor General.
Excepting therefrom that portion of said land, conveyed to the
County of Kern by deed recorded August 9, 1962 in Book 3517, Page
520 of official records, and is more particularly described as
follows:
Beginning at the northwest corner of the southwest quarter of the
northwest quarter of said Section 30, said last named corner being
northeast corner of Tract 2052 as per map of said Tract Recorded
May 28, 1959 in Book 10, Page 150 of maps in the Office of the
-~unt'z ~ ~ ~aid countv; thence
- - ......... _, ..or ..... 'n~'25" eas~
along the west line of said Section 30 a distance of 180 feet;
thence (2) north 89'19'30" east and parallel with ~he easterly
extension of the north line of said Tract 2052, a distance of 205
feet; thence (3) south 00'04'35" west and parallel with said course
{!) a distance of 180 feet, more or less, to a roint in the
aas~eriy extension o~ =,.e noruh line of said Trac5
south 89'19'30" west along last named easterly extension a distance
of 205 feet to the point of beginning.
Also excepting therefrom all presently dedicated roads.
Also excepting therefrom that portion of said land lying within
that certain parcel of land conveyed to R. A. Watt Company, Inc.,
a Delaware Corporation, by deed recorded December 31, 1968 in Book
4230, Page 27 of official records, and is more particularly
described as follows:
Beginning at the west quarter corner of said section <said quarter
corner being 10 feet southerly from the centerline intersection of
Morning Drive and State Highway 178 (Niles Street); thence north
00'04'25" east, along the centerline of Morning Drive &~eet;
thence east at right angles to said centerline 55 feet to the east
boundary of Morning Drive; thence north 00'04'35 east along the
east boundary of Morning Drive 662.51 feet to the north line of the
southwest quarter of the northwest quarter of said Section 30;
thence north 89'41'07' east along said north line 150 feet; thence
north parallel with the west boundary of Section 30, 154.44 feet;
thence north 89'41'07" east, 647.106 feet to the northwest corner
of that certain parcel of land conveyed to R. A. Watt Company, Inc.
recorded April 22, 1968 in Book 4152, Page 336 of official records;
thence south 00'01'10' east, along the east boundary of the land so
conveyed, a distance of 1,374.129 feet to a point in the north line
of State Highway Route 178 (Niles Street) said point being on a
curve concave northwesterly with a radius of 2,960 feet; thence
westerly along said curve through an angle of 01'51'02", an arc
distance of 95.603 feet; thence sou~h 86'02'37" west to a point
that bears north 89'36'03" east, 465 feet from the east boundary of
Morning Drive (110 feet wide); thence north parallel with said east
boundary to a point that bears north 89'36'03" east, 465 feet from
the true point of beginning; thence south 89'36'03" west, 465 feet
to the true point of beginning.
Containing 26.59 Acres (more or less)
0:41493.2
L
CITY OF BAKERSFIELD
ZONING MAP 104-30
SEC 50 T 29s R 29E
LEGEND
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 17th day of May, 1993
she posted on the Bulletin Board at City Hall, a full, true and
correct copy of the following: Ordinance No. 3526, passed by the
Bakersfield City Council at a meeting held on the 12th day of
May, 1993, and entitled:
By:
/s/ CAROL WILLIAMS
City Clerk of the City of Bakersfield
DEPUTY~City Clerk