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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 '0 m N ~ 0 ' Z ! 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.