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HomeMy WebLinkAboutORD NO 3333ORDINANCE NO. 3333 AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND CITY ZONING MAPS NO. 123-35 AND 123-36 BY PREZONING THAT CERTAIN PROPERTY LOCATED SOUTH OF HOSKING AVENUE EAST AND WEST OF WIBLE ROAD CONTIGUOUS TO THE BOUNDARY OF THE CITY OF BAKERSFIELD KNOWN AS THE HOSKING NO. 2 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 held on December 6, 1990, said zoning upon annexation was duly heard and considered and t~e 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) Zone, R-S (Residential Suburban) Zone and C-2 (Commercial) Zone. 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. 48-90 on December 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-$ (Residential Suburban) Zone and C-2 (Commercial) Zone, and as delineated on the attached maps marked Exhibit "A" and 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 was advertised and posted on November 15, 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 Title Seventeen of the Bakersfield Municipal Code of the City of Bakersfield and City Zoning Maps No. 123-35 and 123-36, be and the same is hereby amended by prezoning said property and extending the boundaries of said map to include that certain property in the County of Kern generally located south of Hosking Avenue east and west of Wible Road contiguous to the boundary of the City of Bakersfield known as the HOSKING NO. 2 ANNEXATION, upon the annexation of said property to the City of Bakersfield, the zoning designations and boundaries of which prop- erty are shown on the map, hereto attached and made a part of this ordinance, and are more specifically described as follows: - 2 - TO CITY R-1 (ONE-FAMILY DWELLING) ZONE: Lots 6, 7 and 8 of Section 36, Township 30 South, Range 27 East, M.D.B.&M., Kern County, California, as Lots are shown on "SALES MAP NO. 1 OF LANDS OF J. B. HAGGIN" filed May 3, 1889 in the office of the Kern County Recorder. EXCEPTING THEREFROM, the North 208.71 feet and the South 208 feet of the North 416.71 feet of the east 208 feet of said Lot 6 and the East 792.49 feet of the North 208.71 feet of said Lot 7. ALSO EXCEPTING the public road right-of- way for Wible Road and Hosking Avenue. Containing 49.84 Acres (NET) TO CITY R-S (RESIDENTIAL SUBURBAN) ZONE: Parcel 1, 2, 3 and 4 of Parcel Map No. 6608 filed in Book 28 of Parcel Maps, Page 175 in the Office of the Kern County Recorder. Containing 10.00 Acres TO CITY C-2 (COMMERCIAL) ZONE: The East 1/2 of Lot 1 of Section 35, Township 30 South, Range 27 East, M.D.B.&M., Kern County, California as Lots are shown on "SALES MAP NO. 1 OF LANDS OF J. B. ~AGGIN" filed May 3, 1889 in the office of the Kern County Recorder, and also shown as the "Not a Part" area on said Parcel Map No. 6608 (See R-1 10,000 Zone). EXCEPTING THEREFROM the public road right- of-way for Wible Road. Containing 9.53 Acres (NET) - 3 TO CITY RS (RESIDENTIAL SUBURBAN) ZONE: The South 208 feet of the North 416.71 feet of the East 208 feet of Lot 6 of Section 36, Township 30 South, Range 27 East, M.D.B.&M., Kern County, California as said lot is shown on "Sales Map No. 1 of Lands of J. B. HAGGIN" Filed May 3, 1889 in the office of the Kern County Recorder. Containing 1 Acre (NET) 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 __ JAN' ~_19§1 __ , by the following vote: AYES; COUNCILMEMBERS: E-B~,~DeMOND, CM:T::, BRUNNI. PETERSON, McOERMO~. SALVAGGIO NOES; COUNCILMEMBERS: /V£~/,/~- ABSENT COUNCILMEMBERS; ABSTAIN COUNCILMEMBERS CITY the Council of the City of Bakersfield APPROVED JAN- 9 MAYOR of the City of Bakersfield APPROVED as to form: ROBERT M. SHERFY ACTING CITY ATTORNEY of the City of Bakersfield LCM/meg Attachment Exhibit Exhibit A ANEX 5 ZUA.HOSK21 1/3/9]. - 5 - i ROaD Ill SX Z 01 0 ,CO CITY OF BAKERSFIELD ZONING MAP LEGEND 123 -35 R 27[ i TO R-1 ~X .=1 0 CITY OF BAKERSFIELD ZONING MAP SEC 36 T 305 LEGEND