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HomeMy WebLinkAboutORD NO 3330ORDINANCE NO. 3330 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 WIBLE NO. 7 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-2 (Limited Multiple-Family Dwelling) and C-1 (Limited Commercial) zones. 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. WHEREAS, by Resolution No. 43-90 on October 18, 1990, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve an R-2 (Limited Muliple-Family Dwelling) Zone, and as delineated on the attached map marked Exhibit "A," 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 was advertised and posted on September 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 generally located south of Panama Lane, east of Wible Road contiguous to the boundary of the City of Bakersfield known as the WIBLE NO. 7 ANNEXATION, upon the annexation of said property to the City of Bakersfield, the boundaries of which property are shown on the map hereto attached and made a part of this ordinance, and are more specifically described as follows: TO CITY R-2 (LIMITED MULTIPLE-FAMILY DWELLING) ZONE: A portion of the N.W. 1/4, N.W. Section 25, T. 30 S., R. 27 E., in the County of Kern, State of California, more particu- larly described as follows: Parcel 3 as shown on Parcel Map No. 3509 filed in Book 17 of Parcel Maps at Page 108 and Parcels 1, 2 and 3 as shown on Parcel Map No. 4200 filed in Book 19 of Parcel Maps at Page 13 in the Office of the Kern County Recorder. Containing 9.80 Net Acres (excluding road right-of-way for wible Road) TO CITY C-1 (LIMITED COMMERCIAL) ZONE: A portion of the N. W. 1/4, N. W. 1/4, Section 25, T. 30 $., R. 27 E., M. D. M. in the County of Kern, State of California, more particularly described as follows: Parcels 1 and 2 as shown on Parcel Map No. 7470 filed in Book 32 of Parcel Maps at page 67 in the office of the Kern County Recorder. Containing 3.72 Net Acres (excluding road right-of-way for Panama Lane and Wible Road). ALSO: A portion of the $. W. 1/4, N. W. 1/4, said Section 25, more particularly described as follows: of Parcel 3 as shown on Parcel Map No. 4385 filed in Book 19 of Parcel Maps at Page 105 in the office of the Kern County Recorder. Containing 2.32 Net Acres (excluding road right-of-way for wible Road) ALSO: A portion of the S. W. 1/4, N. W. 1/4 of said Section 25, more particularly described as follows: All of that portion of right-of-way for the ARVIN-EDISON INTAKE CANAL (135 feet wide) adjacent to said Parcel Map No. 4200 and bounded on the West by the East right-of-way line of wible Road (County Road No. 50) and bounded on the East by a line beginning at the Southeast corner of said Parcel 3 and projecting South 07° 15' 53" West, 135.89 feet to a point on the South line of said canal right-of- way. Containing 1.42 Acres 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 ......... 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 NOV 2 8 1§§0 , by the following vote: AYES: COUNCiLMEMBERS. EOWARDS. DeMONO, SMI H, BRUNN, PEl~R80N ................ ~ALV&g~itI~ NOES: COUNCILMEMBERS: ABSENT COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS' CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED NOV 2 8 1990 MAYOR of the City of Bakersfield APPROVED as to form: ROBERT M. SHERFY ~//~ ACTING CITY ATTORNEY of t~e City of Bakersfield LCM/meg Attachment Exhibit A ANEX 5 ZUA.WIBLE1 10/31/90 - 5 - ZONING MAP 123-25 AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) County of Kern) CAROL WILLIAMS, That she is the of Bakersfield; SS. Being duly sworn, duly appointed, and that on the posted on the Bulletin Board at the following: Ordinance City Council at a meeting held and entitled: deposes and says: acting and qualified City Clerk of the City 30th day of November 1990 she City Hall, a full, true and correct copy of No. 3330 passed by the Bakersfield on the 28th day of November 1990 , /s/ CAROL WILLIAMS CITY CLERK of the City of BaKersfield DEPUTY City Clerk NSAOPD