HomeMy WebLinkAboutORD NO 3809ORDINANCE NO. 3 8 0 9
AN ORDINANCE AMENDING TITLE 17 OF THE
BAKERSFIELD MUNICIPAL CODE AND CITY ZONING
MAP NOS. 124-06 and 124-07 BY PREZONING
PROPERTY LOCATED SOUTH OF BELLE TERRACE
GENERALLY NORTH OF PLANZ ROAD BETWEEN
SOUTH H STREET AND UNION AVENUE KNOWN AS
SOUTHGATE NO. 1 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 MONDAY, OCTOBER 13, 1997, and THURSDAY, OCTOBER
16, 1997, to consider zoning certain property proposed for annexation to said City,
known as SOUTHGATE NO. 1 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 381
acres of land contiguous to the boundary of the City of Bakersfield, as shown on the
attached maps marked Exhibit "B" and Exhibit "C"; and
WHEREAS,, by Resolution No. 87-97 on October 16, 1997, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17
of the Municipal Code to approve Prezoning No. P97-0533 to R-l, R-2, R-3, C-O, C-1,
C-2, M-1 and M-2 zones; 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 advertised and posted on
September 19, 1997, in accordance with CEQA; and
WHEREAS, the City Council has considered and hereby makes the
following findings:
The proposed Prezoning #P97-0533 is consistent with the
Metropolitan Bakersfield 2010 General Plan.
The site is designated Public, Low Medium Density
Residential, High Medium Density Residential, General
Commercial, Highway Commercial, Light Industrial
Service Industrial on the Metropolitan Bakersfield 2010
General Plan.
2. The provisions of CEQA have been followed.
Based on an initial environmental assessment, staff has
determined the proposed project will not significantly affect
the physical environment and the issuing of a Negative
Declaration for the project is adequate. The project site has
been developed in the County as residential, commercial
and industrial uses.
3. All required notices have been given.
Notice of a public hearing before the Planning Commission
of the City of Bakersfield has been advertised in the
Bakersfield Califomian newspaper on September 19, 1997.
The advertisement was 1/8 page in size, in accordance with
California Government Code Section 65091. The notice
was also posted on the bulletin board of the Bakersfield City
Planning Department on September 19, 1997.
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.
SECTION
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.
and adopted.
The Negative Declaration for this zoning action is hereby approved
3. That Title Seventeen of the Bakersfield Municipal Code of the City
of Bakersfield and City Zoning Map Nos. 124-06 and 124-07 is hereby amended by
prezoning said property and extending the boundaries of said maps to include that
certain property in the County of Kern located south of Belle Terrace generally north of
Planz Road between South "H" Street and Union Avenue contiguous to the boundary of
the City of Bakersfield known as the SOUTHGATE NO. I ANNEXATION, upon the
annexation of said property to the City of Bakersfield, the zoning designations and
boundaries of which property are shown on the maps marked Exhibit "B" and Exhibit
"C", 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 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.
000--
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
DEC 3 1997 , by the following vote:
CITY CLERK and Ex Offici(~lerk
Council of the City of Bakersfield
APPROVED ~JEC~ 1997
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY SKOUSEN
CITY ATTORNEY
BY: ~~7~--~
of the
MO:pjt
November 26, 1997
res\opz0533
EXHIBIT "A"
PREZONING NO. P97-0533
Those parcels of the land for prezonmg situated in Sections 6 and 7, Township 30 South, Range 28
East, M.D. M., County of Kern, State of California, more particularly described as follows:
County R-I Zone to City R-I Zone
All of that portion of said Section 6 described as follows:
Beginning at the intersection of the south right of way line of Belle Terrace and the east right of way
line of the Central Branch, Kern Island Canal;
Thence east, along said Belle Terrace south right of way line, to intersect the east exterior boundary
of Tract No. 1346, per map flied in Map Book 6, Page 10 in the office of the Kern County Recorder;
Thence southerly, easterly and southerly along said tract boundary to intersect the north right of way
line of Trinity Avenue;
Thence southerly along a line being the west right of way line of Delaware Street (and prolongation
thereof) to intersect the south right of way line of Amador Avenue;
Thence easterly along said south right of way line to intersect the west right of way of Union
Avenue;
Thence southerly along said west right of way line to intersect the north right of way line of Ming
Avenue;
Thence westerly along said north right of way line to intersect the east right of way line of South
"P" Street;
Thence northerly along said east right of way line to intexsect a prolongation of the north line of that
parcel owned by the Bakersfield City School District (Wayside School);
Thenee westerly along said north property line (and prolongation thereof) to intersect the east right
of way line of Central Branch, Kern Island Canal;
Thence northerly along said canal right of way line to the point of beginning.
Excepting therefrom, all public sweet right of way within last described area.
Page 1 of 12
Exhibit
Prezoning No. P97~0533
Also: Lots I through 6, 12 'through 24 and 29 through 32 of Tract No. 1312 per map filed in Map
Book 5, Page 157 in the office of the Kern County Recorder.
Also: that portion the east 1/2 of the northwest 1/4 of said Section 7. described as follows:
Commencing at the northwest comer of the east 1/2 of the northwest 1/4 of said Section 7;
Thence south along the west Line of said section segment .30 feet to intersect the south fight of way
line of Ming Avenue being the TRUE POINT OF BEGINNING;
Thence continuing south along said west line, 240.42 feet;
Thence east, parallel with the north line of said sectional segment, 300 feet to intersect the west fight
of way line of South "M" Street;
Thence south, along said fi. ght of way line, 130 feet;
Thence west, parallel with the north line of said sectional segment, 300 feet to intersect the west line
of said segment:
Thence south, along the west line of said segment, 590 feet;
Thence east, parallel with the north line of said sectional segment, 150 feet;
Thence south, parallel with the west fight of way line of South "M" Street, 100 feet;
Thence east, parallel with the north line of said segment, 210 feet to intersect the east fight of way
line of South "IvF' Street;
Thence south, along said east fight of way line, 775.45 feet;
Thence east, parallel with the north line of said segment, 660.14 feet to intersect the east fight of
way line of South "O" Street;
Thence south, along said east right of way line, 733.28 feet to intersect the north fight of way line
of Wilson Road;
Thence east, along said north fight of way line to intersect the west fight of way line of South "P"
S~eet;
Thence north, along said west right of way line to a point 148.44 feet south of the south fight of way
line of IWmg Avenue;
Page 2 of 12
Exhibit "A"
Prezoning No. P97-0533
Thence west parallel with said south fight of way line, 640.27 feet;
Thence south parallel with South "M" Street, 2 feet;
Thence west, parallel with the south right of way line of Ming Avenue, 360 feet to intersect the
west right of way line of South "M" Street;
Thence south along said right of way line, 9.98 feet;
Thence west, parallel with the south fight of way line of Ming Avenue, 150 feet;
Thence north, parallel with South "IVF Street, 160.42 feet to intersect the south fight of way line of
,Ming Avenue;
Thence west along said fight of way line, 100 feet to the TRUE POINT OF BEGINNING.
Excepting therefrom all public street right of way within last described area.
Also: that portion of the east 1/2 of said Section 7 described as follows:
Beginning at a point on the east fight of way line of South "P" Street being 168 feet south of the
south fight of way line of Ming Avenue, also being on the south right of way line of a 20 foot wide
public alley;
Thence east, along said alley fight of way line, to a point on the east fight of way line of Allens
Drive;
Thence north, along said right of way line, 16 feet;
Thence east, parallel with the south fight of way line of Ming Avenue, 243 feet;
Thence south, parallel with the east fight of way line of Aliens Drive, to intersect the northwest fight
of way line of the Asphalto Branch Southern Pacific Railway;
Thenee southwesterly, along said railway fight of way line, to intersect the east fight of way line of
South "P" Street;
Thence north along said east fight of way line, to intersect the center line of the Central Branch,
Kern Island Canal fight of way;
Also: that portion of the east 1/2 of said Section 7 described as follows:
Page 3 of 12
Exhibit "A"
Prezoning No. P97-0533
Beginning at a point on the east right of way line of South "P" Street being 168 feet south of the
south right of way [inc of IVYrag Avenue, also being on the south fight of way line of a 20 foot wide
public alley;
Thence east, along said alley right of way line, to a point on the east fight of way line of Aliens
Drive:
Thence north, along said right of way line, 16 feet;
Thence east, parallel with the south right of way line of Ming Avenue, 243 feet:
Thence south, parallel with the east fight of way line of Allens Drive, to intersect the northwest right
of way line of the Asphalto Branch, Southern Pacific Railway;
Thence southwesterly, along said railway right of way line, to intersect the east fight of way line of
South "P" Street;
Thence north along said east fight of way line, to intersect the center line of the Central Branch,
Kern Island Canal right of way;
Thence southeasterly along said center llne to intez~ect a line being 617.79 feet north of and parallel
with the north fight of way line of Wilson Road;
Thence east, along said parallel line, 395.27 feet;
Thence north, parallel with South "P" Street, to a line being 300 feet south of and parallel with the
south right of way line of Southgate Drive;
Thence west, along said parallel line, 617.27 feet to intersect the east right of way line of South "P"
Street;
Thence north along said east right of way line to the point of beginrang.
Excepting therefrom, all public street right of way w/thin last described area.
Also: Lots 1 through 14 of Tract No. 1329 per map flied in Map Book 5, Page 183 in the office of
the Kern County Recorder.
County R-1 CL Zone to City R-1 Zone
Beginning at a point on the east right of way line of South "P" Street being 300 feet south of the
south fight of way line of Southgate Drive;
Page 4 of 12 ~::
Exhibit "A"
Prezoning No. P97-0533
Thence east. parallel with Southgate Drive, 617.27 feet;
Thence south, parallel with South "P" Street, to a line being 617.79 feet north of and parallel with
the north fight of way line of Wilson Road;
Thence wesk along said parallel line, 395.27 feet to intersect the center line of the Central Branch,
Kern Island Canal fight of way;
Thence northwesterly along said center line to intersect the east fight of way line of South
Street;
Thence north along said right of way line to the point of beginning.
Counly R-I P Zone to City R-1 Zone
Beginning at point on the west right of way line of South "O" Street being 287.43 feet north of the
north fight of way line of Wilson Road;
Thence west, parallel witIt Wilson Road, 300.13 feet;
Thence north, parallel with South "O" Street, 445.85 feet;
Thence east, parallel with Wilson Road, 300 feet to intersect the west fight of way line of South "0"
Street;
Thence south, along said right of way line, 445.85 feet to the point of beginning.
Also: Beginning at a point on the north fight of way line of Wilson Road 115 feet west of the west
fight of way line of South "O" Street;
Thence north, parallel with South "O" Street, 177.43 feet;
Thence east, parallel with '~rtlson Road, 115 feet to intersect the west fight of way line of South "O"
Street;
Thence south along said right of way line to the point of beginning.
County R-2 Zone to City R-2 Zone
That portion of the northeast 1/4 of said Section 7 described as follows:
Beginning at the point .of intersection of the north fight of way line of Wilson Road and the
southeast fight of way line of the Asphalto Branch, Southern Pacific Railway;
Page 5 of 12
Exhibit
Prezoning No. P97-0533
Thence northeasterly, along said railway right of way line, to intersect the north fight of way line
of Rios Street;
Thence east along north fight of way line to intersect the west fight of way line of .Michael Street:
Thence north along said right of way line to intersect the north right of way line of Phoenix Avenue:
Thence east, along said fight of way line, 780 feet to intersect the east fight of way line of Elliott
Street;
Thence south, along said fight of way line to intersect the north right of way line of Wilson Road;
Thence west, along said fight of way line, to the point of beginning.
Excepting therefrom all public s~eet fight of way within last described area.
Also: that portion of the northwest 1/4 of said Section 7 described as follows:
Beginning at the point of intersection of the north fight of way line of Wilson Road and the Kern
Island Canal;
Thence north along said canal fight of way line to a point being 542.03 feet south of the south fight
of way line of Ming Avenue, said point also being on the south exterior boundary line of Tract No.
1312 per map filed in Map Book 5, Page 157 in the office of the Kern County Recorder;
Thence east along said u'act boundary line, 464.94 feet to the southwest comer of Lot 33 of said
Tract No. 1312;
Thence northerly, easterly, southerly and westerly along the boundary line of said Lot 33 to totersect
west fight of way line of South "J" Street;
Thence south, along said w~t fight of way line, 394 feet;
Thence east, parallel with Southgate Drive, 360 feet to intersect the west fight of way line of South
"K" Street;
Thence south, along said fight of way line, 360.47 feet to intersect the south fight of way line of
Southgate Drive;
Thence east, along said south right of way line to intersect the westerly fight of way line of South
Chester Avenue;
Page 6 of 12
Exhibit
Prezoning No. P97-0533
Thence southeasterly along said fight of way line to intersect a line being 334.8 feet east of and
parallel with the east right of way line of South "K" Street;
Thence south, along said parallel line to a line being 452.45 feet north of and parallel with the north
fight of way line of Wilson Road;
Thence east, along said parallel line, 160 feet;
Thence south parallel with South "M" Street, 55 feet;
Thence east parallel with Wilson Road, 140 feet to a point on the west fight of way line of South
· ..vr ' Street;
Thence south, along said ~ight of way line, 397.45 feet to the north right of way line of Wilson
Road;
Thence west, along said north fight of way line, to the point of beginning.
Excepting therefrom all public street fight of way within last described area.
County R-3 Zone to Cid, R-3 Zone
Lots 7, 41 and 42 of Tract No. 1312 per map filed in Map Book 5, Page 157 in the office of the
Kern County Recorder.
County R-3 PD Zone to City R-3 Zone
All of that parcel abutting the west right of way line of South "M" Street, said parcel being the south
130 feet of the north 400.42 feet of the west 300 feet of the northeast 1/4 of the northwest 1/4 of said
Section 7.
Cottory C-1 Zone to City C-1 Zone
All of that triangular parcel in the northwest 1/4 of said Section 7, said parcel being bounded
westerly by the east right of way line of South "M" Street, bounded southerly by the north fight of
way line of Wilson Road and bounded northeasterly by the westerly right of way line of South
Chester Avenue.
County CO-D Zone to City CO Zone
Lots 15 through 26 of Tract No. 1329 per map filed in Map Book 5, Page 183 in the office of the
Kern County Recorder.
Page 7 of 12
Exhibit "A"
Prezoning No. P97-0533
County C-2 Zone to City C-2 Zone
Lots 8 through l l, 34, 35, 36, 37, 39 and 40 of Tract No. 1312 per map filed in Map Book 5, P~e
157 in the office of the Kern County Recorder.
Excepting therefrom the east 255 feet of said Lot 39.
Also: that portion of the northwest 1/4 of said Section 7 described as follows:
Beginning at the point of intersection of the westerly fight of way line of South Chester Avenue and
the southerly line of Lot 36 of said Tract No. 1312;
Thence southerly along said westerly fight of way line to intersect the prolongation of the south line
of Lot 37 of said Tract No. 1312;
Thence east, along said south lot line and prolongation thereof to the southeast corner of said Lot
37;
Thence south along the prolongation of the east line of said Lot 37, a distance of 330 feet;
Thence east, parallel with Southgate Drive, 150 feet;
Thence south, parallel with South "M" Street, 360 feet to intersect the south fight of way line of
Southgate Drive;
Thence east, along said south right of way line, 210 feet to intersect the east right of way line of
South "NF' Street;
Thence south, along said east right of way line, 515.45 feet;
Thence east parallel with Southgate Drive, 300.14 feet;
Thence south, parallel with South "O" Street, 505.42 feet;
Thence west, parallel with Wilson Road, 238.47 feet to intersect the westerly right of way line of
South Chester Avenue;
Thence northwesterly along said right of way line to intersect the west right of way line of South
"M" Street;
Thence south along the west right of way line of South "M" Street to intersect a line 440.45 feet
north of and parallel with the center line of Wilson Road;
Page 8 of 12
Exhibit "A"
Prezoning No. P97-0533
Thence west, along said parallel line, 140 feet;
Thence north, parallel with South "M" Street, 55 feet;
Thence xvest, parallel with Wilson Road, 160 feet:
Thence north, parallel with South "M" Street, to intersect the westerly fight of way line of South
Chester Avenue;
Thence northwesterly along said fight of way line. to intersect the north fight of way line of
Southgate Drive;
Thence west along said right of way line to intersect the east fight of way line of South "K" Street;
Thence north along said fight of way line to intersect a line 330 feet north of and parallel with the
center line of Southgate Drive;
Thence west, along said parallel line, 364.8 feet (more or less) to totersect the west fight of way line
of South "J" Street;
Thence north, along said fight of way line, 394 feet to the northerly termination of South "J" Street;
Thence west along said termination line, 11.73 feet to the east fight of way line of a 20 foot wide
alley in said Tract No. 1312;
Thence northerly along said alley fight of way line to intersect the southerly line of Lot 36 of said
Tract No. 1312;
Thence northeasterly along said lot line, 161.16 feet to the point of begirming.
Excepting therefrom all public street fight of way within last described area.
Also: Those parcels abutting the south line of Ming Avenue described as follows:
Beginning at a point on the south right of way line of Ming Avenue, 150 feet west of the west right
of way line of South "M" Street;
Thence south, parallel with South "M" Street, 160.42 feet;
Thence east, parallel to Ming Avenue, 150 feet to intersect the west fight of way line of South "M"
Street;
Page 9 of 12
Exhibit "A"
Prezoning No. P97-0533
Thence north, along said fight of way line, 9.98 feet;
Thence east, parallel with Ming Avenue, 300.27 feet;
Thence north, parallel to South "M" Street, 2 feet;
Thence east, parallel to Ming Avenue, 690.27 feet to intersect the east fight of way line of South "P"
Street;
Thence north along said fight of way line 0.44 feet to intersect the north fight of way line of a 20
foot wide alley;
Thence east, along said alley fight of way line, 300.27 feet;
Thence north, parallel to South "P" Street, 148 feet to intersect the south fight of way line of MAng
Avenue;
Thence west, along said fight of way line, 1,500.81 feet (more or less) to the point of beginning.
Excepting therefrom, all public street fight of way within last described area.
Also: Lots 7 through 10 of Tract No. 1346 per map filed in Map Book 6, Page 10 in the office of
the Kern County Recorder.
County C-2 PD Zone to City C-2 Zone
Lots 43 through 48 of Tract 1312 per map filed in Map Book 5, Page 157 in the office of the Kern
County Recorder.
Also: that parcel at the northwest comer of Southgate Drive and South "M" Street described as
follows:
Beginning at the intersection of the north fight of way line of Southgate Drive and the west fight
of way line of South "M" Street;
Thence west, along said north fight of way line, 150 feet;
Thence north, parallel with South "M" Street, 200 feet;
Thence east, parallel with Southgate Drive, 150 feet to intersect the west fight of way line of South
"M" Strew;
Page I0 of 12
Exhibit "A"
Prezoning No. P97-0533
Thence south, along said riglht of way line, 200 feet to the point of beginning.
Also: that parcel at the northeast corner of Wilson Road and South Chester Avenue described as
follows:
Beginning at the intersection of the north right of way line of Wilson Road and the easterly right of
way line of South Chester Avenue:
Thence northwesterly along said easterly right of way line to intersect a line 287.43 north of and
parallel with the north right of way line of Wilson Road;
Thence east, along said parallel line, 414.13 feet to totersect the west right of way line of South "O"
Street;
Thence south, along said right of way line, 110 feet;
Thence west, parallel with Wilson Road. 115 feet;
Thence south, parallel with South "O" Street, 177.43 feet to intersect the north right of way line of
Wilson Road;
Thence west, along said right of way line, 145 feet to the point of beginning.
CounB, M-I Zone to City M-1 Zone
All of that portion of the northeast 1/4 of said Section 7 described as follows:
Lots 1 through 10 of Tract No. 1066 per map filed in Map Book 4, Page 131 in the office of the
Kern County Recorder.
Also Lots 1 through 6 and 9 through 12 of Block 3 of"Map of Community Acres" per map filed
in Book 3 of Maps, Page 33 in the office of the Kern County Recorder.
Excepting therefrom, the south 150 feet of the west 43 feet of said Lot 4.
Also excepting the south 150 feet of said Lots 5 and 6.
Also excepting the west 43 feet of said Lot 9.
Also that parcel abutting Ming Avenue, described as follows:
Pagellof 12
Exhibit "A"
Prezoning No, P97-0533
Beginning at the intersection of the south fight of way line of Ming Avenue and the west fight of
way line of Aliens Drive;
Thence south along said west right of way line, 148 feet to intersect the north line of a 20 foot wide
alley;
Thence west, along said alley line, 300 feet;
Thence north parallel with Allens Drive, 148 feet to intersect the south fight of way line of Ming
Avenue;
Thence east, along said fight of way line, 300 to the point of beginning.
County M-1 PD Zone to City M-1 Zone
All of Lot 38 and the east 255 £eet of Lot 39 of Tract 1312 filed in Map Book 5, Page 157 in the
office of the Kern County Recorder.
County M-2 Zone to City M-2 Zone
Lots 1, 2, 3 and 6 of Block 4 of said "Map of Community Acres".
Excepting the west 43 feet of said Lot 3.
Also excepting the west 24."~ feet of said Lot 6.
Also: that portion of the northeast 1/4 of said Section 7 described as follows:
Beginning at the intersection of the north fight of way line of Phoemx Avenue and the west fight
of way line of Michael Street;
Thence south along said west right of way line to intersect the north fight of way line of Rios Street;
Thence west along said right of way line to intersect the easterly right of way line of the Asphalto
Branch, Southern Pacific Railway;
Thence northeasterly, along said right of way line, to intersect the prolongation of the north fight
of way line of Phoenix Avenue;
Thence east along said prolongation line to the point of beginning.
Page 12 of 12
0
C~
CITY OF BAKERSFIELD
ZONING MAP 124-06
SEC 6 T ~Os R 28£
TO R-1
~ TOR-1
TO R-1 TO R-I
iTO R-1 TO R-1
CITY OF BAKERSFIELD.
ZONING MAP 124-07
SEC 7 3~ 30s R 28[
LEGEND
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA )
COUNTY OF KERN )
PAMELA A. McCARTHY, 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 4th day of December, 1997 she posted on the Bulletin Board at City Hall,
a full, true and correct copy of the following: Ordinance No. 3809, passed by the
Bakersfield City Council at a meeting held on the 3rd day of December, 1997, and entitled:
Ordinance amending Title 17 of the Bakersfield Municipal Code
and City Zoning Maps Nos. 124-06 and 124-07 by prezoning
property located south of Belle Terrace generally north of
Planz Road between South H Street and Union Avenue
known as Southgate No. 1 Annexation.
Is/ PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
DEPUTY City Clerk