HomeMy WebLinkAboutORD NO 3732ORV ANCE NO. '3 7 3 2
AN ORDINANCE AMENDING TITLE 17 OF THE
BAKERSFIELD MUNICIPAL CODE AND CITY ZONING
MAP NO. 103-17 BY PREZONING PROPERTY LOCATED
WEST OF RIVER BLVD., SOUTH OF PANORAMA DRIVE
KNOWN AS GREENLAWN CEMETERY 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, JULY 15, 1996, and THURSDAY, JULY 18, 1996, to
consider zoning certain property proposed for annexation to said City, known as Greenlawn
Cemetery Annexation, and made several general and specific f'mdings of fact which
warranted a negative declaration of environmental impact; and
WHEREAS, Annexation prezoning area comprises approximately 38 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. 70-96 on July 18, 1996, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve Prezoning No. P96-0461 to R-1 zone, 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
WI-IEREAS, this Council has fully considered the findings made by the
Planning Commission as set forth in that resolution; and
WItEREAS, a Negative Declaration was advertised and posted on June 7,
1996, in accordance with CEQA; and
WHEREAS, the City Council has considered and hereby makes the following
findings:
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 cornmeres received, staff has determined
that the proposed project could not have a significant effect on the environment. A Negative
Declaration with mitigation measures was advertised and posted on June 7, 1996, in
accordance with CEQA.
OiTiG!N-~
4. The public necessity, general welfare and good zoning practice justify
the proposed change of zone.
is P (Public).
The Metropolitan Bakersfield 2010 General Plan designation for the site
6. The proposed zone change is consistent with the Metropolitan
Bakersfield 2010 General Plan.
WltEREAS, 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 No. 103-17 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 west of River Blvd., south of Panorama Drive contiguous to the boundary of the
City of Bakersfield known as the GREENLAWN CEMETERY 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 "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.
......... 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
~E? 2 ~ ~ , by the following vote:
AYES: COUNCILMEMBER DeMOND, CARSON, SMITH, McDERMOT]', ROWLES, SULLIVAN, SALVA(~G!O
ABSENT: COUNCILMEMBER /~/(.3f~ ~--
Acting CITY CLERK and Ex/d~i~iCgio Clerk~of t?_e: -~
Council of the City of'B~lce~field ~. - '~
BO RIC~~/~
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY SKOUSEN
CITY ATTORNEY
BY: /
res\o0461CC
MO/pjt
August 6, 1996
EXHIBIT "A"
Prezoning P96-0461
Legal Description
A parcel of land being a portion of the southeast 1/4 of the northeast 1/4 of Section 17, T. 29
S., R. 28 E., M.D.M., County of Kern, State of California, more particularly described as
follows:
Commencing at the east 1/4 comer of said Section 17, also being the point of intersection of the
center lines of River Boulevard and Acacia Avenue as said sectional segment is shown on map filed
for record in Book 6 of Records of Surveys, Page 126 in the office of the office of the Kern County
Recorder;
Thence N. 89° 57' 31" W., along the south line of the northeast 1/4 of said Section 17, a distance of
1,318.08 feet;
Thence N. 00° 32' 26" W., 43.00 feet to a point on the north right of way line of Acacia Avenue, also
being the TRUE POINT OF BEGINNING;
Thence continuing N. 00° 32' 26" W., 1,300.66 feet;
Theace S. 89° 49' 54" E., 1,281.75 feet to a point on the west right of way line of River Boulevard;
Thence S. 00° 23' 06" E., along said right of way line, 1,297.79 feet to a point on the north right of
way line of Acacia Avenue;
Thence N. 89° 57, 31" W., along said right of way line, 1,278.20 feet to the TRUE POINT OF
BEGINNING.
Containing 38.17 acres
OP, IGINAL
O0
CITY OF BAKI~R,SFIEL0
ZONING MAP IO3-17
SEC. 17 T.
LEGEND
R28E.
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 Acting City Clerk of the City of Bakersfield; and
that on the 27th day of September, 1996 she posted on the Bulletin Board at City Hall, a full, true
and correct copy of the following: Ordinance No. 3732, passed by the Bakersfield City Council at a
meeting held on the 25th day of September, 1996, and entitled:
AN ORDINANCE AMENDING TITLE 17 OF THE
BAKERSFIELD MUNICIPAL CODE AND CITY ZONING MAP
NO. 103-17 BY PREZONING PROPERTY LOCATED WEST OF
RIVER BLVD., SOUTH OF PANORAMA DRIVE KNOWN AS
GREENLAWN CEMETERY ANNEXATION
/s/ PAMELA A. McCARTHY
Acting City Cle. rk-ofkl~:Ei~ of Bakersfield