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Home My WebLink AboutORD NO 3579 3579 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE AND CITY ZONING MAPS 104-19, 104-20, 104-21 AND 104-29 BY PREZONING PROPERTY LOCATED SOUTHEAST OF FREEWAY 178 AND KERN CANYON ROAD KNOWN AS KERN CANYON 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, AUGUST 16, 1993 and on THURSDAY, AUGUST 19, 1993, to consider prezoning certain property proposed for annexation to said City, known as KERN CANYON NO. 1 ANNEXATION, and made several general and specific findings of fact which warranted a negative declaration of environmental impact; and WHEREAS, Annexation prozoning area comprises approximately 1,431 +/- acres of land contiguous to the boundary of the City of Bakersfield, as shown on the attached map marked Exhibits "C", "D", "E" and "F"; and WHEREAS, by Resolution No. 42-93 on August 19, 1993, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Prezoning No. 5479 to R-1 (One Family Dwelling) zone and R-H (Residential Holding) 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 WHEREAS, this Council has fully considered the findings made by the Planning Commission as set forth in that resolution; and WHEREAS, a Negative Declaration with mitigation was advertised and posted on July 23, 1993, in accordance with CEQA; and WHEREAS, the City Council has considered and hereby makes the following findings: 1. All required public notices have been given. been followed. The provisions of the California Environmental Quality Act (CEQA) have 3. Based on the initial study, staff has determined that the proposed project, as recommended, could not have a significant environmental effect. A Negative Declaration was advertised and posted on July 23, 1993, in accordance with CEQA. 4. Changes were made to the draft negative declaration in response to new information submitted at the first public hearing. 5. Proposed prezoning No. 5479 is consistent with the Metropolitan Bakersfield 2010 General Plan. 6. Proposed prezoning of R-H (Residential Holding) will allow the existing agricultural uses on-site to continue without additional restrictions. 7. The area of the prezoning has been altered to address concerns raised regarding this project's impact to agricultural activities in Section 32; and 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. 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. 2. The Negative Declaration with mitigation for this zoning action is hereby approved and adopted. 3. That Title Seventeen of the Bakersfield Municipal Code of the City of Bakersfield and City Zoning Map Nos. 104-19, 104-20, 104-21 and 104-29 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 southeast of Freeway 178 and Kern Canyon Road contiguous to the boundaw of the City of Bakersfield known as the Kern Canyon No. 1 ANNEXATION, upon the annexation of said property to the City of Bakersfield, subject to the conditions of approval and mitigation attached in Exhibit "A", the zoning designations and boundaries of which property are shown on the maps marked Exhibits "C", "D", "E" & "F"", hereto attached and made a part of this ordinance, and are more specifically described in attached Exhibit "B". SECTION 2. This ordinance shall be posted in accordance with the Bakersfield Municipal Code and shall become effective not less than thirty (30) days from and after the date of its passage. .......... o0o ......... I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City~qf Bakersfield at a regular meeting thereof held FEB ~ $ ~ by the following vote: AYES: C, OUNCILMEM6ERS McDERMOTT. ~1/~,~., I~O. SMITH, BRUNNI. ROWLES, SALVAGGIO NOES: COUNCILMEMBERS ABSTAIN: COUNCILMEMBERS ABSENT: COUNCILMEMBERS CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED MAYOR of the City of Bakersfield APPROVED as to form: G CITY ~TTORNEY of the City of Bakersfield MO:pjt res\r393s6.cc January 28, 1994 4 EXHIBIT "A" Conditions of Approval Pr~zoning No. 5479 Kern Canyon Road No. I Annexation In order to mitigate the impacts of any natural to urban land conversion on the San Joaquin kit fox (a State and Federally-listed Endangered Species), the applicant must, prior to ground disturbance, follow the Advisory Notice, detailing the Interim Mitigation Measures established for the Metropolitan Bakersfield Habitat Conservation Plan. Prior to ground disturbance or with subdivision application, one of the following shall occur: A biological survey by a qualified biologist shall be completed and submitted to the City Planning Department for review and comment. If protected species other than the San Joaquin Kit Fox are determined to be on-site, "take" shall be avoided or the appropriate permits allowing "take" shall be obtained from State and Federal agencies. The terms of the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) interim provisions shall be adhered to. The Advisory Notice shall be followed with regard to the San Joaquin kit fox. Development shah comply with the provisions of 10(a)(1)(B) and 2081 permits issued to the City of Bakersfield from Federal and State wildlife agencies under the MBHCP program. Prior to approval of any land division, an archaeological survey must be completed. Any mitigation resulting from such report shall be implemented prior to recordation of the land division map. Prior to the issuance of a building permit within the project area, $3.65 per square foot of assessable space, as defined in Section 65995 of the Government Code, shall be paid for the purpose of providing school facilities. p:5479.ai PREZONING 5479 KERN CANYON NO. 1 TO CITY R-H EXHIFqT B I. ZONING MAP 104-29 PIlEZONING 5479 KEIlN CANYON NO. 1 ~lr~TO CIITY R-1 EXHi31T C P~ON~G 5479 KERN CANYON NO. 1 I TO CITY RH ...... c':~ ....<~ EXHIBIT CiTY OF BAKERSFIELD ZONING MAP 10~I-21 SEC 21 ~29S R2St LEGEND ~l.q EXHIBIT "F" COUNTY A (AGRICULTURE) ZONE TO CITY R-H (RESIDENTIAL HOLDING) ZONE All of sections 21 and 29 and that portion of the south 1/2 of the south 1/2 of section 20 lying easterly of Kern Canyon Road (State Route VI-KER-184), in Township 29 South, Range 29 East, M.D.M., Kern County, California. Containing 1427.85 Acres (+/-) COUNTY R-1 (LOW DENSITY RESIDENTIAL) ZONE TO CITY R-1 (ONE-F~ILY DWELLING) ZONE A portion of the southeast 1/4 of section 19, Township 29 South, Range 29 East, M.D.M., Kern County, California, more particularly described as follows: Beginning at the southeast corner of said section 19; THENCE North 89'45'52" West, along the south line of said section, a distance of 409.23 feet to a ]point on the southeasterly right of way line of Kern Canyon Road (State Route VI-KER-184); THENCE North 46'58'36" East, along said right of way line, 563.29 feet to a point on the east line of said Section 19; THENCE South 00'22'58" West, along said section line, 386.02 feet to the point of beginning. Containing 1.81 Acres (+/-) AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) SSo County of Kern ) CAROL WILLIAMS, 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 24th day of February, 1994, she posted on the Bulletin Board at City Hall~, a full, true and correct copy of the following: Ordinance No. 35179, passed by the Bakersfield City Council at a meeting held on the 23rd day of February, 1994, and entitled: AN ORDINANCE AMENDING TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE AND CITY ZONING MAPS 104-19, 104-20, 104-21 AND 104-29 BY PREZONING PROPERTY LOCATED SOUTHEAST OF FREEWAY 178 AND KERN CANYON ROAD KNOWN AS CANYON NO. 1 ANNEXATION By: /s/ CAROL WILLIAMS City Clerk of the City of Bakersfield DEPUT~Cit~erk