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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