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
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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 (+)
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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 .........
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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
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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
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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
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