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HomeMy WebLinkAboutORD NO 3321ORDINANCE NO. 3321 AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING SECTION 17.06.020 OF CHAPTER 17.06 (ZONING MAP) OF THE MUNICIPAL CODE OF THE CITY OF BAKERSFIELD REGARDING PREZONING OF PROPERTY KNOWN AS THE AKERS NO. 4 ANNEXATION (WARD 6). 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 a request by the City of Bakersfield to zone certain property now being annexed to said City and made several general and specific findings of fact which warranted a negative declaration of environmental impact; and WHEREAS, at said public hearing, said zoning upon annexa- tion was duly heard and considered and the Planning Commission found as follows: 1. Proposed Zoning Upon Annexation designations will not have a significant adverse effect on the environment. 2. Public necessity, convenience, general welfare and good planning practice justify the proposed Zoning Upon Annexation to R-1 (One Family Dwelling), R-1 (One Family Residential 10,000 square foot minimum site area) and the area under the Williamson Act Contract will be zoned A-20A (Agricultural 20 acre minimum) with the condition that upon expi- ration of the Williamson Act Contract, the property would be zoned to a designation consistent with the general plan. 3. Proposed Zoning Upon Annexation designations would be in conformance with the Metropolitan Bakersfield 2010 General Plan. 4. The proposed prezoning is consistent with existing land use in the area. 5. The proposed Zoning Upon Annexation would be compat- ible with future and existing development on the surrounding properties. 6. Public participation and notification requirements pursuant to Sections 65090 and 65353 of the Government Code of the State of California were duly followed. W~EREAS, by Resolution No. 36-90 on September 6, 1990, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve an R-1 (One Family Dwelling) Zone, R-1 (One Family Dwelling - 10,000 square foot minimum site area) and A-20A (Agricultural, 20-acre minimum site area for the area under Williamson Act Contract, with the condition that upon expiration of the Williamson Act Contract, the property would be zoned from an A-20A to an R-1 north of Hosking Avenue and from an A-20A to an R-1 (10,000 sq. ft. minimum site area) south of Hosking to a designa- tion consistent with the general plan, with conditions of approval on attached Exhibit "A" and as delineated on the attached map marked Exhibit "B," by this Council and this Council has fully considered the findings made by the Planning Commission as set forth in that Resolution; and WHEREAS, there appears to be no substantial detrimental environmental impact which could result from this zoning action; and WHEREAS, a Negative Declaration with mitigation was advertised and posted on July 26, 1990 in accordance with CEQA; and WHEREAS, the proposed zoning substantially conforms to and is consistent with the General Plan; and WHEREAS, the City Council has determined after due con- sideration 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: SECTION 1. 1. All the foregoing recitals are found to be true and correct. 2. The Negative Declaration for this zoning action is hereby approved and adopted. 3. That Section 17.06.020 of Chapter 17.06 (Zoning Map) of the Municipal Code of the City of Bakersfield, be and the same is hereby amended by extending the boundaries of said map to include that certain property in the County of Kern general located south of Arvin-Edison Canal between Stine and Wible Roads to Highway 119 (Taft Highway) contiguous to the boundary of the - 2 - City of Bakersfield known as the AKERS NO. 4 ANNEXATION, upon the annexation of said property to the City of Bakersfield, the bound-- aries of which property are shown on the map hereto attached and made a part of this ordinance, and are more specifically described as follows: FROM COUNTY A (EXCLUSIVE AGRICULTURE) TO CITY R-1 (ONE-FAMILY DWELLING) ZONE: Those portions of Section 26, Township 30 South, Range 27 East, M.D.B.&M. Kern County, California, described as follows: All of that portion of the East 1/2 of the West 1/2 of said Section 26, lying South of the North line of the right of way for the Arvin-Edison intake canal. Containing 117.89 Net Acres (+) ALSO: The Northwest 1/4 said Section 26. of the Southeast 1/4 of Containing 39.40 Net Acres (+) AND ALSO: The Southeast 1/4 of the Southeast 1/4 of said Section 26; excepting the East 665 feet thereof. Containing 20.06 Net Acres (+) FROM COUNTY A (EXCLUSVIE AGRICULTURE) TO CITY A-20A (AGRICULTURALr TWENTY-ACRE MINIMUM LOT SIZE) ZONE: Those portions of Sections 26 and 35, Township 30 South, Range 27 East, M.D.B.&M., Kern County, California, described as follows: All of that portion of the West 1/2 of the Northeast 1/4 of said Section 26, lying South of the North line of the right of way for the Arvin-Edison intake canal. Containing 36.92 Net Acres (+) - 3 - ALSO: The Southwest 1/4 said Section 26. of the Southeast 1/4 of Containing 39.40 Net Acres (+) AND ALSO: All of Lots 3 thru 8, 12 and 13 in said Section 35 as lots are designated on "Sales Map No. 1 of Lands of J. B. Haggin" filed May 3, 1889 in the office of the Kern County Recorder. Containing 158.10 Net Acres (+) FROM COUNTY A (EXCLUSIVE AGRICULTURE) TO CITY R-i, 10,000 (ONE-FAMILY DWELLING, 10,000 SQUARE FOOT MINIMUM LOT SIZE) ZONE: Those portions of Section 35, Township 30 South, Range 27 East, M. D. M., Kern County, California, described as follows: All of Lots 2, 14, 15, 16, 20 thru 23, and 26 thru 29 in said Section 35 as lots are designated on "Sales Map No. 1 of Lands of J. B. Haggin" filed May 3, 1889 in the office of the Kern County Recorder. Containing 233.55 Net Acres (+) ALSO: Lot 25 of said "Sales Map", excepting there- from the West 452.41 feet and the South 494 feet of the West 600.41 feet of said Lot 25. Containing 4.58 Net Acres (+) and subject to the Conditions of Approval as listed in attached Exhibit "A." SECTION 2. This ordinance shall be posted in accordance with the City Charter provisions 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 ......... - 4 - 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 OCT ~ 19§0 , by the following vote: AYES; COUNCILMEMBERS: EDWARBS,.~)eMOND, SMITH, 9~'.,J;.';.'I, PETERSON, McDERMOTT. SALVAGGIO NOES; COUNCILMEMBERS: ABSENT COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS' Council of the City of Bakersfield APPROVED OCT ~ 1990 MAYOR of the City of Bakersfield APPROVED as to form: ROBERT M. SBERFY ~//*'" ACTING CITY ATTORNEY of th~ City of Bakersfield LCM/meg Attachments Exhibit "A" Exhibit "B" A ANEX 5 ZUA.AKERS1 9/11/90 - 5 - EXHIBIT A Conditions of Approval Zoning Upon Annexation No. 5048 The properties under the Williamson Act Contract will be zoned upon annexation to A-20A with the condition that the zoning designation be changed to a designation consistent with the Metropolitan Bakersfield 2010 General Plan Land Use Map when the Williamson Act contract is canceled or expired. City policy for the above condition: The parcels subject to the Williamson Act Contract are designated A-20A. The con- tracts limit use of this property to agricultural uses and uses compatible with agriculture. No uses other than those permitted by contract will be allowed. City ordinances affecting the site will be consistent with the Williamson Act contract obligations and agricultural production. The policy will be in effect for the term of the contract. The A-20A zone shall be changed when the contract expires to a zone consistent with the general plan. The designations will be from an A-20A to an R-1 north of Hosking Avenue and from an A-20A to an R-1 (10,000 sq.ft. minimum) south of Hosking when each contract expires. The zoning upon annexation for the properties not under a Williamson Act Contract that are located south of Hosking Avenue designated SR on the general plan to R-1 with a condi- tion that the minimum lot size shall be 10,000 square feet per site area. p/sra4ea ZUA.AKERS6 ZONING UPON ANNEXATION 5048 AKERS NO. 4 C-2 R-1 A-20A ~'. ~. R-1 cH i-~ . ; .... oo/o 'FROM^ - !i: :: '**'~* ' TO z !ii::':: I .~:: "' '" · _.. _ _....;.;. .... ' ' fROMA A A ..'/rt i~_.l ,I · . , .J- E(/.~j~ ......... - - -. ~1o)~ .-...*.-........._ ......TO - _ ';'.'; ... ;.:...; .....-~R-1. A I/ ~ .... FROMA ''' E~O) H A-1 A--I i lS00 I 36 L A A ic-2___l Ill. II-.~ ][ (::~/I A [ C:H CITY Of BAKERSFIELD r I C-~' I EXHIBIT B AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) 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 5th day of October , 19 90 she posted on the Bulletin Board at City ~all, a full, true and correct copy of the following: Ordinance No. 3321 , passed by the Bakersfield City Council at a meeting held on the 3rd day of October , 1990 , and entitled: CAROL WIDLIAMS CITY CLERK of ~he City of By: .~, ~ ~r.~ DEPUTY City Clerk Bakersfield NSAOPD