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HomeMy WebLinkAboutORD NO 3691ORDINANCE NO. 3 {~ 9 1 AN ORDINANCE AMENDING TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE AND CITY ZONING MAP NO. 103-33 BY PREZONING PROPERTY LOCATED SOUTH OF POTOMAC AVENUE BETWEEN MONTICELLO AVENUE AND THE SOUTHERN PACIFIC RAILROAD TRACKS, ASPHALTO BRANCH TO CITY GENERAL MANUFACTURING ZONE KNOWN AS POTOMAC 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 16, 1995, and THURSDAY, OCTOBER 19, 1995, to consider zoning certain property proposed t~r annexation to said City. known as POTOMAC NO. I ANNEXATION. and made several general and specific findings of fact which warranted a negative declaration of environmental impact: and WHEREAS, Annexation prezoning area comprises 58 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. 72-95 on October 19, 1995. the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Prezoning No. 5651 to General Manufacturing 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 tollowed by city staff. Planning Commission and this Council: and WHEREAS, this Council has tully considered the findings made by the Planning Commission as set forth in that resolutkm: and WHEREAS, a Negative Declaration was advertised and posted on August 14, 1995. in accordance with CEQA; and WHEREAS, the City Council has considered and hereby makes the following findings: 1. All required notices have bccn given. 2. The pr~wisions of the California Environmental Quality Act (CEQA) have been followed. OR~G!~;AL 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 with mitigation measures was advertised and posted on August 14, 1995, in accordance with CEQA. 4. The public necessity, general welfare and good zoning practice justify the proposed change of zone. 5. The proposed prezoning classification is compatible with surrounding zoning and the existing and projected land uses. 6. The project site is designated SI (Service Industrial) on the Land Use Element of the Metropolitan Bakersfield 2010 General Plan. 7. The proposed prezoning is consistent with the Metropolitan Bakersfield 2010 General Plan designation. 8. The proposed prezoning is consistent with the Metropolitan Bakersfield 2010 General Plan goals and policies. 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. 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 No. 103-33 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 at the southwest corner of Potomac Avenue and Monticello Avenue contiguous to the boundary of the City of Bakersfield known as the POTOMAC NO. 1 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". 2 OR,GIN,.,~. SECTION 2. This ordinance shall be posted in accordancc with the Bakersfield Municipal Code and shall become cffcctivc not less than thirty (30) days from and after the date of its passage. ......... 000 ......... I HEREBY CERTIFY that the /'oregoing Ordinance was passed and adopted by thc Council of the City of Bakersfield at a regular meeting thereof held on N0¥ 2 9 ~3§ , by the following vote: AYES: COUNCILMEMBER DeMOND, CARSON, SMIT~, McDERMOTT, ROWLES, SUWVAN, SALVAGGIO ^3ST.IN: COI,,~IC!U~E~'~E.q A~.e~ENT: COUNCILMEMBER CItY CLERK and Ex Officio Clerk of the Council of the City of Bakcrsfield APPROVED NOV 2 9 1995 BOB PRICE ~ MAYOR of thc City of Bakersfield APPROVED as to ton'n: JUDY SKOUSEN CITY ATTORNEY BY: CARL HERNANDEZ DEPUTY CITY ATTORNEY MO:pjt October 23. 1995 rcs\o5651 .cc O~GINAL ~-x ~IBIT "A" Prezoning No. 5651 County M-3PD (Heavy Industrial - Precise Development Combining) Zone to City M-2 (General Manufacturing) Zone LOT 8 of GORRILL'S ADDITION in the northwest quarter of Section 33, T. 29 S., R. 28 E., M.D.M., County of Kern, State of California, as per map filed for record April 18, 1910, Book 1 of Maps, Page 141 in the Office of the Kern County Recorder. Containing 5.69 acres +/- M2 CITY OF BAKERSFIELD ZONING MAP 103-33 SEC~ T 29u R LEGEND AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) ss. 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 1st day of December, 1995 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3691, passed by the Bakersfield City Council at a meeting held on the 29th day of November, 1995, and entitled: AN ORDINANCE AMENDING TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE AND CITY ZONING MAP NO. 103-33 BY PREZONING PROPERTY LOCATED SOUTH OF POTOMAC AVENUE BETWEEN MONTICILLO AVENUE AND THE SOUTHERN PACIFIC RAILROAD TRACKS, ASPHALTO BRANCH TO CITY GENERAL MANUFACTURING ZONE KNOWN AS POTOMAC NO. 1 ANNEXATION /s/ CAROL WILLIAMS City Clerk of the City of Bakersfield DEPUTY City Cl~rk 0%)