HomeMy WebLinkAboutORD NO 3737ORDNANCE NO. 7 3 7
AN ORDINANCE AMENDING TITLE 17 OF THE
BAKERSFIELD MUNICIPAL CODE AND CITY ZONING
MAP NOS. 102-13, 102-24, 103-18 AND 103-19 BY
PREZONING PROPERTY: LOCATED GENERALLY
ALONG CHESTER A~NIJE BETWEEN 34TH STREET
AND WEST COLUMBUS STREET AND BETWEEN
GOLDEN STA~TE AVENUE AND "O" STREET KNOWN
AS CHESTER NO. 3 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, SEPTEMBER 19, 1996, to consider zoning certain property
proposed for annexation to said City, known as CHESTER NO. 3 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 173 acres of
land contiguous to the boundary of the City of Bakersfield, as shown on the attached maps
marked Exhibits "B", "C", "D", and .....
E , and
WHEREAS, by Resolution No. 101-96 on September 19, 1996, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve Prezoning No. P96-0627 to R-2, R-3, C-2, M-1 and M-2 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 advertised and posted on August 15,
1996, in accordance with CEQA; and
findings:
WHEREAS, the City Council has considered and hereby makes the following
1. All required notices have been given.
2. The provisions of the California Environmental Quality Act (CEQA)
have been followed.
3. Based on the Initial Study and comments received, staff has determined
that the proposed project could .not have a significant effect on the environment. A Negative
Declaration was advertised and posted on Aug~ist 15, 1996, in accordance with CEQA.
4. The public necessity, general welfare and good zoning practice justify
the proposed change.
5. The proposed zone change is consistent with the Metropolitan
Bakersfield 2010 General Plan, with the approval of GPA P96-0627.
6. Zoning reflects actual land use to the greatest degree possible while
avoiding "spot" zoning.
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 1.
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 Nos. 102-13, 102-24, 103-18 and 103-19 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 generally along Chester Avenue between 34th Street
and W. Columbus Street and between Golden State Avenue and "O" Street contiguous to the
boundary of the City of Bakersfield known as the CHESTER NO. 3 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 Exhibits "B", "C", "D" and "E"
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 aImexation 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
OEC 0 4 ~96 , by the following Vote:
AYES: COUNCILMEMBER DeMOND, CARSON, $Mffi-I~McDERMO~, SULLIVAN, SALVAGGIO
NOES: COUNC~,~EMBER
cou,m .m n .
ABSENT: COUNCILMEMBER
ctmg CITY CLERK and Ex 6Tie'O/Clerk
Council of the City of Bakers;field
of th~
APPROVED DEC 0 4
PATRIC~J. DEMOND
VICE-MAYOR of the
city of Bakersfield
APPROVED as to ~rm:
JUDY SKOUSEN
CITY ATTORNEY
res\o0627cc
MO/~t
October 18, 1996
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIPOKNIA )
County of Kern )
PAMELA A. McCARTHY, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified Acting City Clerk of the City of Bakersfield; and
that on the 5th day of December, 1996 she posted on the Bulletin Board at City Hall, a full, true and
correct copy of the following: Ordinance No. 3737, passed by the Bakersfield City Council at a
meeting held on the 4th day of December, 1996, and entitled:
AN ORDINANCE AMENDING TITLE 17 OF THE
BAKERSFIELD MUNICIPAL CODE AND CITY ZONING MAP
NOS. 102-13, 102-24, 103-18 AND 103-19 BY PIlEZONING
PROPERTY LOCATED GENERALLY ALONG CHESTER
AVENUE BETWEEN 34TH STREET AND WEST COLUMBUS
STREET AND BETWEEN GOLDEN STATE AVENUE AND "O"
STREET KNOWN AS CHESTER NO. 3 ANNEXATION
/s/ PAUaL--A
Acting G ~' Cle~g~¢~.~h~ ~i~!f Bakersfield
EXHIBIT "A"
PREZONING NO. P96-0627
CHESTER NO. 3 ANNEXATION
TO CITY R-2 (LIMITED MULTIPLE FAMILY DWELLING) ZONE.
Those parcels of land situated in the noahwest quarter of Section 19, T. 29 S., R. 28 E., M.DM.,
County of Kern, State of California, more particularly described as follows:
Lots 49 through 58, 77 through 96, 97 through 116 and 127 through 144 in Block 633 of"Vendome"
re-subdivision per map filed for record in Book 3 of Maps, Page 182 in the office of the Kern County
Recorder;
Lots 4 through 13 in Block 634 of"Re-subdivision of Block 634, Northern Division" per map filed
for record in Book 3 of Maps, Page 68 in the office of the Kern County Recorder;
All lots (1 through 48) in Block 654 of said "Vendome" re-subdivision including that portion of
vacated "K" Street abutting lots 1 through 24 in said Block 654;
Lots 1 through 48 in Block 655 of"Palo Verde Tract" re-subdivision per map filed for record in
Book 3 of Maps, Page 107;
Lots 1 and 4 in Block 655 of"Northem Division of the Town of Bakersfield" per map filed for record
in Book 1 of Maps, Page 21, excepting the dedicated road right of way for "M" Street;
Lots 1 through 4 in Block 668 and Lots 1 through 10 in Block 669 of said "Northern Division of the
Town of Bakersfield" including that portion of vacated 39th Street between the east line of the alley
in said Blocks 668 and 669 and the west line of"K~' Street.
Total R-2 Zone: 17.67 acres (more or less)
TO C1TY R-3 (LIMITED MULTIPLE FAMILY DWELLING) ZONE.
That parcel of land situated in the northwest quarter of Section 19, T. 29 S., R. 28 E., M.D.M,
County of Kern, State of California, more particularly described as follows:
All lots (1 through 6) in Block 632 B of"The Jewett Sub-division" of the Northern Division of
Bakersfield, per map filed for record in Book 1 of Maps, Page 121, including that portion of vacated
"O" Street abutting Lots 5 and 6 of said Block 632 B.
Total R-3 Zone: 2.27 acres (more or less)
Exhibit "A"
Prezoning P96-0627
Chester No. 3 Annex.
TO CITY C-2 (REGIONAL COMMERCIAL) ZONE.
Those parcels of land situated in the northwest quarter of said Section 19, more particularly described
as follows:
All Lots (1 through 6) in Block 632 A of said "Iewett Sub-division", including that portion of vacated
"O" Street abutting Lots 5 and 6 of said Block 632 A;
Lots 61 through 76 and 117 through 126 of Block 633 of said "Vendome" re-subdivision;
Lots 1, 2, and 3 in Block 634 of said "Re-subdivision of Block 634, Northern Division";
Lots 14 through 20 in Block 636 of said "Northern Division of the Town of Bakersfield", including
that portion of the ~vest half of the vacated alley in said Block 636 lying south of the north line of said
Lot 14;
The north 128.5 feet of Block 638 of said "Northern Divisio. n of the Town of Bakersfield" including
Parcels 1, 2 and 3 of Parcel Map No. 7487 filed for record in Book 32 of Parcel Maps, Page 54;
Lots I through 4 and I7 through 20 in Block 652 of said "Northern Division of the Town of
Bakersfield" including that portion of vacated 36th Street abutting said Lots 1 and 20 and that portion
of vacated "K" Street abutting said Lots 1 through 4;
Lots 5 through 20 in Block 668 and Lots 11 through 20 in Block 669 of said "Northern Division of
the Town of Bakersfield", including that portion of vacated 40th Street abutting Lots 10 and 11 of
said Block 668.
Total C-2 Zone: 9.53 acres (more or less)
TO CITY M-1 (LIGHT MANUFACTURING) ZONE.
A parcel of land situated in the northeast quarter of Section 24, T, 29 S., R. 27 E. And the northwest
quarter of Section 19, T. 29 S., R. 28 E., MD.M., County of Kern, State of California, more
particularly described as follows:
Beginning at the point of intersection of the northeasterly right of way line of the Southern Pacific
Railroad with that line being the former north right of way line of 34th Street shown as the south line
of Block 639 of said "Northern Division of the Town of Bakersfield";
2
Exhibit "A"
Prczoning P96-0627
Chester No. 3 Annex.
Thence (1) West along said former street line, 148 feet (more or less) to the southwesterly right of
way line of the Southern Pacific Railroad, said point also being the northeast corner of Tract No.
1009 per map filed for record in Book 4 of Maps, Page 56;
Thence (2) West along the north boundary line of said Tract No. 1009 to a point on the northeasterly
right of way line of the Golden State Highway Frontage Road (Co. Rd. No. 1948 - Parcel 2);
Thence (3) Northwesterly, along said right of way line, to a point on the east right of way line of the
Stine Canal Extension;
Thence (4) Northerly, along said canal right of way line, 786.02 feet (more or less) to a point on the
northeasterly right of way line of the Southern I~acific Railroad (200 feet in width);
Thence (5) Southeasterly, along said railroad right of way line to the POINT OF BEGINNING.
Also including: Lots 59 and 60 in Block 633 of said "Vendome" re-subdivision.
Total M-1 Zone: 33.07 acres (more or less)
TO CITY M-2 (GENERAL MANUFACTURING) ZONE.
Those parcels of land situated in the northeast quarter of said Section 24 and the northwest quarter
of said Section 19, County of Kern, State of California, more particularly described as follows:
Lots 14 through 24 in Block 634 of said "Re-subdivision of Block 634, Northern Division":
All Lots (1 through 20) in Block 635 and Lots I through 13 in Block 636 of said "Northern Division
of the Town of Bakersfield", including that portion of vacated 35th Street abutting Lots I and 20 in
said Block 635 and Lots 10 and 11 in said Block 636;
Lots 5 through 16 in Blook 652 and all Lots (1 through 20) in Block 653 of said "Northern Division
of the Town of Bakersfield", including that portion of vacated 37th Street abutting Lots 10 and 11
in said Block 652 and Lots 1 and 20 in said Block 653:
Also a parcel of land described as follows:
Beginning at a point on the west right of way line of Chester Avenue being 128.5 feet south of the
south right of way line of 36th Street;
Exhibit "A"
Prezoning P96-0627
Chester No. 3 Annex,
Thence west along a line being the south line of the north 128.5 feet of Block 638 of said "Northern
Division of the Town of Bakersfield" and the westerly prolongation thereof, 877.37 feet (more or
less) to a point on the northeasterly right of way of the Southern Pacific Railroad;
Thence southeasterly, along said railroad right of way line to a point on the westerly prolongation of
the north line of the south 122 feet of Block 637 of said "Northern Division of the Town of
Bakersfield";
Thence east, along said north line, 557.22 feet to a point of the west right of way line of Chester
Avenue;
Thence north along said right of way line, 360 feet to the POINT OF BEGINNING.
Total M-2 Zone: 13.75 acres (more or less)
TO CITY RE (RECREATION) ZONE.
A parcel of land situated in Sections 13 and 24, T. 29 S., R. 27 E., M.D.M. and Sections 18 and 19,
T. 29 S., R. 28 E., M.D.M., County of Kern, State of California, more particularly described as
follows:
Assumed bearing ofN. 00° 07' 45" E. For the centerline of Chester Avenue as th,e basis of bearing;
Commencing at a point on the centerline of Chester Avenue, distant N. 00° 07' 45" E., 138.37 feet
from the centerline intersection of West Columbus Street and Chester Avenue;
Thence N. 89° 52' 15" W., 57.75 feet to the west right or' way line of Chester Avenue and the TRUE
POINT OF BEGINNING;
Thence (1) N. 89° 52' 15" W., 742.25 feet;
Thence (2) S. 77° 00' 00" W., 700.00 feet;
Thence (3) S. 69° 17' 30" W., 500.00 feet;
Thence (4) S. 53° 09' 00" W., 220.00 feet;
Thence (5) S. 24° 14' 00" W., 330.00 feet;
Thence (6) S. 10° 50' 00" W., 348.76 feet to a point on the northeasterly right of way line of the
Southern Pacific Railroad (200 feet in width);
Exhibit "A"
Prezoning P96-0627
Chester No. 3 Annex.
Thence (7) Southeasterly, along said railroad right of way line, to a point on the westerly
prolongation of the south line of the north 128.5 feet of Block 638 of said "Northern Division of the
Town of Bakersfield";
Thence (8) East along said prolongation line, 877.37 feet (more or less) to a point on the west line
of said Block 638;
Thence (9) North, along said west line, 128.5 feet to the southwest corner of the boundary of Parcel
Map No. 7487 filed for record in Book 32 of Parcel Maps, Page 54 in the office of the Kern County
Recorder;
Thence (10) North, along the west line of said parcel map boundary, 133.23 feet to the northwest
corner thereof,
Thence (11) East along the north line of said parcel map boundary, 264 feet to a point on the west
fight of way line of Chester Avenue;
Thence (12) North, along said west right of way line, a distance of 2,126.12 feet (more or less) to the
TRUE POINT OF BEGINNING.
Total Rezone: 95.96 acres (more or less)
FP-P
CITY OF BAKI~RSFIELD
ZONING MAP 102-13
SEC. 13
LEGEND
CITY OF BAKE, RSFIELD
ZONING MAP 102-24
SEC. 24 T. 29s R. 27E
LEGEND
FP'P
FP-P
FP-P
MH
v
CiTY OF BAKERSFIELD
ZONING MAP 103-18
SEC. 18 I 29s R. 28E.
LEGEND
Co2oD
R-2
C-OoD
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CITY OF BAKERSFIELD
ZONING MAP
SEC. 19 T. 29 s
LEGEND
103-19
R. 28E
RESOLUTION NO. 100-96
RESOLUTION OF THE PLANNING COMMISSION
RECOMMENDING APPROVAL OF THE AMENDMENT TO THE
LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD
2010 GENERAL PLAN, AND TRANSMITTING REPORT TO CITY
COUNCIL (LAND USE ELEMENT AMENDMENT P96-0627).
WHEREAS, the Planning Commission of the City of Bakersfield in accordance with
the provisions of Section 65353 of the Government Code, held a public hearing on MONDAY,
SEPTEMBER 16, 1996, and THURSDAY, SEPTEMBER 19, 1996, on the proposed amendment to
the Land Use Element of the Metropolitan Bakersfield 2010 General Plan, notice of the time and place
of hearing having been given at least twenty-one (21) calendar days before said hearing by publication
in the Bakersfield Californian. a local newspaper of general circulation; and
WHEREAS, such GPA P96-0627 of the proposed amendment to the Land Use Element
of the Metropolitan Bakersfield 2010 General Plan is as follows:
The CITY OF BAKERSFIELD has applied to amend the Land Use
Element of the Metropolitan Bakersfield 2010 General Plan consisting
of a change from General Commercial, Light Industrial and High
Density Residential to High Medium Density Residential and Service
Industrial;
and
WHEREAS, for the above-described amendment, an Initial Study was conducted and it
was determined that the proposed project would not have a significant effect on the environment and a
Negative Declaration was prepared and posted on August 15, 1996, in accordance with CEQA; 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 the city staff and the Planning Commission;
and
WHEREAS, the facts presented in the staff report and evidence at the above-referenced
public hearings support the findings contained in this resolution; and
WHEREAS, the Planning Commission found as follows:
1. All required public notices have been given.
The provisions of California Environmental Quality Act (CEQA) have been
followed.
3. Based on the Initial Study and comments received, staff has determined that the
proposed project could not have a significant effect on the environment. A Negative Declaration was
advertised and posted on August 15, 1996, in accordance with CEQA.