HomeMy WebLinkAboutORD NO 3567O INANCE NO. 3 5 6 7
AN ORDINANCE AMENDING TITLE 17 OF THE
BAKERSFIELD MUNICIPAL CODE AND CITY ZONING MAP
102-31 BY PREZONING PROPERTY LOCATED AT THE
SOUTHWEST CORNER OF CALLOWAY DRIVE AND
BRIMHALL ROAD KNOWN AS CALLOWAY NO. 6
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, JULY 15, 1993, to consider prezoning certain property proposed for
annexation to said City, known as CALLOWAY NO. 6 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 20 +/- 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. 40-93 on July 15, 1993, the Planning Commission
recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code
to approve Prezoning No. 5459 to R-S (Residential Suburban), R-1 (One Family Dwelling), C-1
(Neighborhood Commercial) and C-2 (Regional Commercial) zones, 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'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 was re-advertised and posted on June 22,
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.
been followed.
The provisions of California Environmental Quality Act (CEQA) have
3. Based on the initial study, staff has determined that the proposed project, as
recommended, could not have a significant environmental affect. A Negative Declaration was re-
advertised and posted on June 22, 1993, for the project in accordance with CEQA.
4. Prezoning No. 5459 is consistent with the Metropolitan Bakersfield 2010
General Plan with the approval of General Plan Amendment 2-93, Segment VI.
ORIGINAL
5. The prezoning will expand the existing C-1 and C-2 zones to the new
alignment of Calloway Drive and Brimhall Road.
6. The existing uses if legally established in the county, will be legal non-
conforming uses upon annexation.
7. The prezoning of R-S zone will allow the keeping of animals in character
with the existing uses of the property.
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.
The Negative Declaration 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. 102-31 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 at the southwest corner of Calloway Drive and Brimhall Road contiguous to the
boundary of the City of Bakersfield known as the Calloway No. 6 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 "C".
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 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
I}~.'~ 0 ~ ~ , by the following vote:
AYES: CO{.JNClI.MEMBER$ McDERMO'F'r. ED~_AR~8, DeMOND, SMITH, SRUNNI, ROWLE$, $ALVAGGIO
NOES: COUNCILMEMB~2RS
ABSTAIN: COUNCILMEMBER.~
ABSENT: COUNCILMEMBERS
CITY CLERK and Ex Officio t~lerk of the
Council of the City of Bakersfield
APPROVED
BOB PRICE
MAYOR of the City of Bakersfield
APPROVED as to form:
CITY ATFORNEY of the City of Bakersfield
MO:pjt
res\o5459.cc
July 21, 1993
ORIGINAL
EXHIBIT "A"
Prezoning No. 5459
Conditions of Approval
Prior to any laud division, an archaeological survey must be completed. Any mitigation resulting
from such report shall be implemented prior to recordation of the land division map.
In order to mitigate the impacts of any natural to urban land conversion on the San Joaquin kit
fox (a State and Federally-listed Endangered Species), the applicant must, prior to ground
disturbance, follow the Advisory Notice, detailing the Interim Mitigation Measures established for
the Metropolitan Bakersfield Habitat Conservation Plan.
Prior to the issuance of a building permit within the project area, a minimum of $3.48 per square
foot of assessable space, as defined in Section 65995 of the Government Code, shall be paid for
the purpose of providing school facilities.
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ORIGINAL
A-ZOA
0
zO
CITY OF BAKERSFIELD
ZONING MAP 102
[ EGE~iD
EXHIBIT C
PREZONING NO. 5459
CALLOWAY NO. 6 ANNEXATION
Those portions of Lot I as shown on 'Sales Map of Lands of Kern County Land Company', in Section 31. T.
29 S., R. 27 E., M.D. B. & M., Kern County, California, filed April 20, 1891 in the office ot the Kern County
Recorder. said parcels being more particularly described as follows:
COUNTY A-1 (LIMITED AGRICULTURE) ZONE TO
CITY R-I (ONE FAMILY DWELLING/ ZONE
Commencing at the northeast corner of said Section 31; THENCE North 89o 06' 37' West. along the north
llne of said section a distance of 660 feet;
'rtt~NCE South 00o 43' 24" West, 57.88 feet to a point on the west line of said Lot i and the True Point of
Beginmug;
TItF_,NCE Continuing South 00o 43' 24" West, along said west line, 545.18 feet:
11:U~ICE North 50o 44' 20' East, 56.56 feet:
tu~.:NCE North 49o 52' 38' East, 59.19 feet to the beginning of a 1441.53 foot radius, non-tangent curve,
concave northwesterly, having a radial of North 40o 08' 58' West from said beginning of curve:
TItE~CE Northeasterly along said curve through a central angle of 10o 28' 33' an are dishanco of 263.56 fe~t
to the be~nning of a 1440.00 foot radius compound curve, concave northwesterly, having a radial of North
49o 43' 53' West from said beginning of curve:
THENCE Northeasterly along said curve through a central angle of 09o 43' 51' an arc distance of 244.56 feet:
TItENCE North 24o 16' 02' West, 49.03 feet to the beginning of a 1430.00 foot radius, non-tangent curve,
concave southwesterly, having a radial of South 10o 55' 32" West from said beginning of curve;
'rm~lCE Northwesterly along said curve through a central angie of 05o 33' 45" an arc distance of 138.83 feet;
TIIF_,NCE North 81o 46' 33" West, 112.51 feet:
TItENCE North 880 14' 34" West, 1.39.71 feet to the point of beginning.
Containing 3.08 Acres
ORIGINAL
EXHIBIT "C"
Prezoning #5459
Page 2
COUNTY A-1 (L13~IITED AGRICULTL~RE) ZONE TO
CITY R-S (RESIDENTIAL SUBURBAN) ZONE
Commencing at a point on the east line oi said Section 31, distant South 00o 43' 24" West, 792.00 feet from
the Northeast corner of said Section 31;
THI~ICE North 89o 06' 37' West, 40.00 feet to the True Point of Beginning;,
TItF_,NCE South 00o 43' 24' West. along the west line of the east 40 feet of said section, a distance of 528.00
feet to a point on the south line of said Lot 1:
TItI~NCE North 89o 06' 37' West, 620.00 feet to the southwest corner of said Lot 1;
rltI:;NCE North 00o 43' 24' East, along the west line of said Lot 1, a distance of 528.00 feet:
TltlfXqCE South 89o 06' 37' East, 620.00 feet to the point of beginning.
Containing 7.52 Acres
COUNTY A-I (LIMtTED AGRICULTURE) ZONE TO
CITY C-1 ¢NEIGI:fBORHOOD COMMERCIAL) ZONE
Commencing at a point on the east line of said Section 31, distant South 00o 43' 24" West, 330.00 feet from
the northeast corner of said Section 31;
TItENCE North 89o 06' 37' West, 40.00 feet to the True Point of Beginning;
TItENCE South 00o 43' 24~ West, along the west Line of the east 40 feet of said section. a distance of 462.00
feet;
THENCE North 890 06' 37' West, 620.00 feet to a point on the west line of said Lot 1:
THI:LNCE North 00o 43' 24" East, along said west line. 45.38 feet:.
THENCE North 500 44' 20" East, 14&81 feet:
THENCE North 51o 36' 07 East. 59.19 feet to the beginning of a 3101.14 foot radius, non-tangent curve,
concave northwesterly, having a radial of North 41o 02' 38" West trom said beginning o£ curve:
THENCE Northeasterly along said curve through a central angle of 070 19' 43" an arc distance of 396.66 feet:
THENCE South 890 06' 37' East, 181.90 feet to the point of beginning.
Containing 4.32 Acres
ORIGINAL
EXHIBIT "C"
Prezoning #5459
Page 3
COUNTY A-1 (LIMITED AGRICULTURE} ZONE TO
CITY C-2 (REGIONAL COMMERCIAL} ZONE
Commencing at point on the East llne of said Section 31, distant South 00o 43' 24" West, 330.00 feet from
the northeast comer of said Section 31;
THENCE North 890 06' 37' We~t, 40.00 feet to the True Point of Beginrang;
THENCE continuing North 89o 06' 37' Wes~ i81.90 feet to a point on a 3101.14 foot radius, non-tangent
curve, concave northwestern, having a radial of North 480 22' 21" West from said beginning of curve;
THg.~CE Northeasterly along said curve through a central angie of 00o 14' 49" an arc diztanee of 13.36 feet
to a point on a 1570.00 foot radius, compound curve, concave northwesterly, having a radial of North 540 18'
55' West from said beginning of curve:
THI~NCE Northeasterly along said curve through a central angle of 080 16' 59" an arc distance of 226.97 feet
to the be~nning of a 30.00 foot radius, reverse curve, concave southeasterly, having a radial of South 620 35'
54" F_.ast from said be~nnlng of curve;
TItENCE Northeasterly along said curve through a central angle of 740 33' 00" an arc distance of 39.03 feet
to a point on a 1549.00 foot radius, reverse curve, concave northeasterly, having a radial of North 11o 57'
East from said beginning of curve;
TItI~NCE Southeasterly along said curve through a central angie of 00o 55' 00" an arc di~tanee of 24.78 feet
to a point on the west line of east 40 feet of said Section 31:
THENCE South 00o 43' 24" West, along said line, 216.72 feet to the point of beginning.
Containing 0.56 Acres
ORIGINAL
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SS.
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 7th day of October, 1993
she posted on the Bulletin Board at City Hall, a full, true and
correct copy of the following: Ordinance No. 3567, passed by the
Bakersfield City Council at a meeting held on the 6th day of
October, 1993, and entitled:
AN ORDINANCE AMENDING TITLE 17 OF THE
BAKERSFIELD MUNICIPAL CODE AND CITY ZONING MAP
102-31 BY PREZONING PROPERTY LOCATED AT THE
SOUTHWEST CORNER OF CALLOWAY DRIVE AND
BRIMHALL ROAD KNOWN AS CALLOWAY NO. 6
ANNEXATION.
By:
/s/ CAROL WILLIAMS
City Clerk of the City of Bakersfield
~DEPUTY C~y Cler~ %