HomeMy WebLinkAboutRES NO 175-87RESOLUTION NO. 175-87
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD INITIATING PROCEEDINGS FOR THE
ANNEXATION OF TERRITORY TO THE CITY OF BAKERSFIELD
IDENTIFIED AS PROCEEDING NO. 935, ANNEXATION NO.
312, IN ACCORDANCE WITH LAFCO RESOLUTION MAKING
DETERMINATION (MT. VERNON NO. 4).
WHEREAS, a proposal was submitted to the Local Agency
Formation Commission of Kern County ("Commission") for the annex-
ation of territory to the City of Bakersfield designated as
Annexation No. 312 (Mt. Vernon No. 4); and
WHEREAS, a duly noticed public hearing upon said pro-
posal was held before the Commission on the 8th day of September,
1987; and
WHEREAS, following said public hearing the Commission,
on September 8, 1987, adopted its Resolution Making Determination,
being Resolution No. 87-30, recorded in Minute Book 34 of said
Commission.
NOW, THEREFORE, BE IT RESOLVED by the Council of the
City of Bakersfield as follows:
1. Preliminary proceedings for annexation of territory
to the City of Bakersfield designated as Annexation No. 312
(Mr. Vernon No. 4) were authorized by the City Council of the City
of Bakersfield by action at a regular meeting thereof held on
April 8, 1987; Application for Annexation dated April 8, 1987, was
transmitted to LAFCO; the Certificate of Filing of the Executive
Officer of the Commission shows that the proposal was filed by him
on the 27th day of July, 1987.
2. The distinctive short form designation assigned by
the Commission to the territory proposed to be annexed is: "City
of Bakersfield Annexation No. 312 (Mt. Vernon No. 4)."
3. The description of the exterior boundaries of the
territory proposed to be annexed is contained in Exhibit "A",
attached hereto, and incorporated in this Resolution as though
fully set forth herein.
4. The territory proposed to be annexed is uninhabited
as determined by the Commission in its Resolution Making
Determination.
5. The reasons for the proposed annexation as set forth
in the proposal thereof submitted to the Commission are that the
owners of the affected territory desire to receive tax revenues
for benefits given and to be given to the territory proposed to
be annexed.
6. BE IT FURTHER RESOLVED, that Wednesday, the 21st day
of October, 1987, at the hour of 7 p.m. (or as soon thereafter as
the matter may be heard) in the Council Chambers of the City
Hall, 1501 Truxtun Avenue, Bakersfield, California, is hereby
fixed as the time, date and place of hearing on the proposed
annexation where any owner of land within, or any registered
voter residing within, the said described territory may appear
before the Council of the City of Bakersfield and show cause why
such territory should not be annexed. Any owner of land within,
or any registered voter residing within, the described territory
may file a written protest against the annexation with the City
Clerk of the City of Bakersfield at 1501 Truxtun Avenue at any
time prior to the conclusion of the hearing on the proposed
annexation.
7. That the City of Bakersfield, as lead agency, has
completed an environmental assessment and a Negative Declaration
was adopted by the Planning Commission after a public hearing
thereon and this Council hereby approves and adopts the Negative
Declaration. The project will not have a significant effect on
the environment.
8. The land and improvements within the territory to be
annexed shall be liable for the general indebtedness of the City
existing at the time of annexation.
9. A certified copy of the Resolution shall forthwith
be transmitted to the Executive Director of LAFCO.
.......... o0o ..........
I HEREBY CERTIFY that the foregoing Resolution was
passed and adopted by the Council of the City of Bakersfield at a
regular meeting thereof held on ___ September 16, 1987 , by
the following vote:
AYES: GOU'::i:':: 7'": C,h L3:', O~!F:IE:.E:;S:_::~, 3:,;iI;!, EA'J',", !.',.SORE, Digi,~.P, SON, ~ALVASGIO
ABSTAINING: CCUNC~LNIEM~E::~; ~
?
Council of the City of Bakersfield
APPROVED
September 16, 1987
MAYOR of the City of~akersfield
APPROVED as to form:
~I~Y A~ORNEY of:~-he City of Bakersfield
CA/meg
Attachment
A ANEX 5
IP.MTV4.1
- 3 -
EXHIBIT "A"
HT. VERNON NO. 4
ANNEXATION NO. 312
A parcel of land situated in the northeast quarter of Section 4 of Township 30
South, Range 28 East, M.D.B.&M., County of Kern, State of California, more
particularly described as follows:
Beginning at the point of intersection of the East right of way line of
Washington Street (Co. Rd. No. 2927) and the South right of way line of
State Freeway 58 also being an angle point on the existing corporate
boundary of the City of Bakersfield;
THENCE (1) North 00°06'16" West, 265.08 feet to the point of
intersection of the North right of way line State Freeway 58 and the
East right of way line of Washington Street (Co. Rd. No. 2927);
THENCE (2) North 01°34'59" West, along said East right of way line of
Washington Street, 416.46 feet to an angle point thereon;
THENCE (3) North 44°16'38" East, along said East right of way line,
27.86 feet to a point on the South line of the North 30.00 feet of said
northeast quarter of Section 4 also being a point on the existing
corporate boundary of the City of Bakersfield;
THENCE (4) easterly, southerly and westerly along last named corporate
boundary to the point of beginning.
Containing 40.32 acres (~) gross
RY:mro
MT.VERNON4
RESOLUTION NO. 36-87
RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF BAKERSFIELD
ZONING RESOLUTION AND CERTIFICATE OF
FINDINGS OF FACT IN REGARD TO THE
APPLICATION OF JAMES BOYLAN, TO AMEND
TITLE SEVENTEEN OF THE BAKERSFIELD
MUNICIPAL CODE BY CHANGING THE LAND USE
ZONING OF THOSE CERTAIN PROPERTIES IN THE
CITY OF BAKERSFIELD LOCATED ON THE SOUTH
SIDE OF STOCKDALE HIGHWAY BETWEEN CHAPALA
DRIVE AND SOUTH JENKINS ROAD.
WHEREAS, JAMES BOYLAN filed a written application requesting
the changing of the land use zoning of those certain properties
in the City of Bakersfield as hereinafter described and as set
forth and designated upon the Zoning Map incorporated within and
made part of Title Seventeen of the Bakersfield Municipal Code as
follows, to-wit:
FROM AN R-1 (ONE FAMILY DWELLING) ZONE TO A
C-1 (LIMITED COMMERCIAL) OR MORE RESTRICTIVE
ZONE:
All that portion of the northwest 1/4 of
Section 2, Township 30 South, Range 26 East,
M.D.B.&M., City of Bakersfield, County of
Kern, State of California, more particularly
described as follows:
Commencing at the northwest corner of said
Section 2;
Thence South 89018'48" East, along the north
line of said Section, 2,587.22 feet;
Thence departing from said north line South
0043'49" West, 89.00 feet to the True Point of
Beginning;
-2-
Thence continuing South 0°43'49- West, 269.10
feet;
Thence North 89°18,48. West, 1,040 feet;
Thence North 0°41'12,, East,
Thence North 45°41,12,, East,
Thence South 89°18,48,, East,
Thence South 82058,30,, East,
Thence South 89°18,48. East,
Thence South 44017,59,, East,
Point of Beginning.
279.10 feet;
28.28 feet;
760.22 feet;
90.55 feet;
150.00 feet;
28.28 feet to the
and
WHEREAS,
set August 6,
of City Hall,
the Planning Commission, through its Secretary did
1987, at the hour of 5 p.m., in the Council Chamber
1501 Truxtun Avenue, Bakersfield, California, as
the time and place for a public hearing before said Planning
Commission on said application, and notice of the public hearing
was given in the manner provided in Title Seventeen of the
Bakersfield Municipal Code;
and
WHEREAS, at said public hearing held August: 6, 1987, the
request for a change of zone by JAMES BOYLAN was duly heard and
considered, and the Planning Commission found as follows:
The public necessity, convenience, general
welfare, and good zoning practice justify the
change of zone.
-3-
The
1.
above findings were based on the following facts:
Subject property is rectangular in shape with
1,040 feet of frontage on Stockdale Highway
and contains 7.083 net acres. It is undevel-
oped except for one oil well fitted with a
pump unit which is presently idle.
This property with the proposed commercial
zoning will be developed with a neighborhood
commercial center which will serve residents
in the vicinity both within the newly develop-
ing area of the city located west of Allen
Road and the county residents located north of
Stockdale Highway.
This zone change will bring the zoning into
compliance with the Land Use Element which
depicts this area as "commercial".
No one appeared in opposition to this proposed
zone change.
After a preliminary environmental assessment,
the staff determined the project would not
have a significant adverse effect on the
environment. A negative declaration was
advertised and posted on July 24, 1987.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF
THE CITY OF BAKERSFIELD as follows:
The Negative Declaration is hereby
approved and adopted.
This proposed amendment to the zoning
ordinance is consistnet with the General
Plan.
Said Zone Change, as outlined above, be
and the same is hereby reco~ended for
approval.
-4-
I HEREBY CERTIFY that the foregoing Resolution was passed and
adopted by the Planning Comission of the City of Bakersfield at a
regular meeting thereof held on the 6th day of August, 1987.
DATED: August 6, 1987
PLANNING COMMISSION OF
THE CITY OF BAKERSFIELD
~gS~rY
STAFF REPORT
PLANNING COMMISSION
Meeting of August 6, 1987
AGENDA ITEM
7.1)
THOSE CERTAIN PROPERTIES IN THE CITY OF BAKERSFIELD
LOCATED ON THE SOUTH SIDE OF STOCKDALE HIGHWAY BE-
TWEEN CHAPALA DRIVE AND SOUTH JENKINS ROAD - AMENDING
THE ZONING BOUNDARIES FROM AN R-1 (ONE FAMILY DWELLING)
ZONE TO A C-1 (LIMITED COMMERCIAL) OR MORE RESTRICTIVE
ZONE: (FILE 4639 - JAMES BOYLAN) (Negative declaration
on file)
Subject property is rectangular in shape with 1,040 feet
of frontage on Stockdale Highway and contains 7.083 net
acres. It is undeveloped except for one oil well fitted
with a pump unit which is presently idle.
This property with the proposed commercial zoning will
be developed with a neighborhood commlercial center which
will serve residents in the vicinity both within the
newly developing area of the city located west of Allen
Road and the county residents located north of Stockdale
Highway.
This zone change will bring the
with the Land Use Element which
"commercial".
zoning into compliance
depicts this area as
After a preliminary environmental assessment, the staff
determined the project would not have a significant
adverse effect on the environment. A negative declara-
tion was advertised and posted on July 24, 1987.
SUGGESTED ACTION
Motion to approve the negative declaration and the C-1
zoning as requested and advertised. Find the proposed
zoning consistent with the Bakersfield Metropolitan Area
General Plan and recommend adoption of same to the City
Council.
]one Chan.oe
C/TY
Excerpt, P1/E Minutes
THOSE CERTAIN PROPERTIES IN THE CITY OF BAKERSFIELD LOCATED O~l THE
SOUTH SIDE OF ~TOCKDALE HIGHWAY BETWEEN CHAPALA DRIVE AND SOUTH
JENKINS ROAD - AMENDING THE ZONING BOUNDARIES FROM AN R-1 lONE FAMILY
DWELLING) ZONE TO A C-1 (LIMITED COMMERCIAL) OR MORE RESTRICTIVE ZONE:
IFILE 4639 - JAMES BOYLAN)
Subject property is rectangular in shape with 1,040 feet of frontage on
Stockdale Highway and contains 7.083 net acres. It is undeveloped
except for one oil well fitted with a pump unit which is presently
idle.
This property with the proposed commercial zoning will be developed
with a neighborhood commercial center which will serve residents in the
vicinity both within the newly developing area of the city located west
of Allen Road and the county residents located north of Stockdale
Highway.
Public hearing was opened. There was no one present wishing to speak
in opposition. Motion was made by Commissioner Cohn, seconded by
Commissioner Patrick, Commission closed the public hearing.
Commissioner Cohn commented that this project is in an area that
Commission considered another zone change of a similar nature approxi-
mately a half mile to the west and at that time the project came before
Commission and the Commission felt that due to the area it wasn't
appropriate for this same type of zone change. The property that would
be just a half mile to the west and to the north does have that type of
zoning and if the Commission wants to be consistent there is no basis
for allowing this zone change.
Chairperson Weaver commented that this particular piece of property is
already shown as commercial on the General Plan and what is being done
here is bringing the property into conformance with the General Plan.
Commissioner Milazzo disqualified himself due to the fact that the
other zone change has not completed the process through the City
Council and the General Plan amendment.
Commissioner Cohn asked Attorney Saalfield if the project that he men-
tioned is going through an appeal stage before the City Council.
Attorney Saalfield stated that is going to City Council with the other
segments of the last general plan amendment on August 19th.
Motion was made by Commissioner Bjorn, seconded by Commissioner Patrick,
Commission approved the negative declaration and the C-1 zoning as
requested and advertised. find the proposed zoning consistent with the
Bakersfield Metropolitan Area General Plan and recommended adoption of
same to the City Council by the following roll call vote:
AYES: Commissioners Bjorn, Jarrett, Patrick,
Weaver
NOES: Commissioner Cohn
ABSTAINED: Commissioner Milazzo
ABSENT: Commissioner Gronbeck