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HomeMy WebLinkAboutORD NO 3335ORDINANCE NO. 3335 AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND CITY ZONING MAP NO. 123-26 BY PREZONING THAT CERTAIN PROPERTY LOCATED EAST OF STINE ROAD APPROXIMATELY 850 FEET SOUTH OF THE ARVIN-EDISON CANAL CONTIGUOUS TO THE BOUNDARY OF THE CITY OF BAKERSFIELD KNOWN AS THE STINE 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 held on November 15, 1990, said zoning upon annexation 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) 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. 47-90 on November 15, 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, 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 October 25, 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 Map 123-26, be and[ the same is hereby amended by prezoning said property and extend- ing the boundaries of said map to include that certain property in the County of Kern generally located east of $tine Road approxi- mately 850 feet south of the Arvin-Edison Canal contiguous to the boundary of the City of Bakersfield known as the STINE NO. 7 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 - FROM THE COUNTY ZONING OF A (EXCLUSIVE AGRICULTURE), E(¼)RS (ESTATE - ¼ ACRE RESIDENTIAL SUBURBAN) AND E(5)RS (ESTATE - 5 ACRE RESIDENTIAL SUBURBAN) TO CITY R-1 (ONE FAMILY DWELLING) ZONE: A parcel of land situated in the west half of Section 26, Township 30 south, Range 27 east, County of Kern, State of California, more particularly described as follows: Beginning at a point on the west line of said Section 26, distant North 00°00'51" west, 467.00 feet from the west 1/4 cor- ner thereof, also being the northwest corner of Parcel 1 of Parcel Map No. 2503 filed in Book 111 of Parcel Maps at Page 163 in the Office of the Kern County Recorder; THENCE south 89°43'13" east, 466.00 feet to the northeast corner of said Parcel 1; THENCE south 00°00'51" east, 467.00 feet to the southeast corner of said Parcel 1; THENCE south 89°43'13" east, 855.74 feet to the northeast corner of the northwest 1/4 of the southwest 1/4 of said Section 26; THENCE south 00~00'31" east, along the east line of the northwest 1/4 of the southwest 1/4 of said Section 26, and southerly prolongation thereof, 1648.87 feet to the southeast corner of Parcel 1 of Parcel Map No. 2665 filed in Book 11 of Parcel Maps at Page 184 in the Office of the Kern County Recorder; THENCE north 89°38'16" west along the south line of said Parcel 1, and westerly prolongation thereof, a distance of 1321.65 feet to a point on the west line of said Section 26; - 3 - THENCE north 00000'43" west along said west line, 1646.97 feet to the west 1/4 corner of said Section 26; THENCE north 00°00'51" west along the west line of said Section 26, a distance of 467.00 feet to the point of beginning. Containing 53.54 acres net (Right-of-way for Stine Road excepted from parcel.) 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 .IAN- 9 1991 , by the following vote: AYES; COUNCILMEMBERS: f~;;5.",2~, DeMOND. SMITH, BRUNNI, PETERSON, McDERMO'Fr. SALVAGGIO NOES; COUNCILMEMBERS: ,,,V'~,".,'~- ABSENT COUNCILMEMBERS: ~"~ ~,'"'~ '"'"~ ABSTAIN: COUNCILMEMBERS' --'CLER na d~~~fff ciE o~ Cle~ CITY Council of the City of Bakersfield APPROVED JAN- 9 199l CLARENCE E. M 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 A ANEX 5 ZUA.STIN71 12/12/90 - 5 TO R-1 A'20A ITl CITY OF BAKERSFIELD ZONING MAP 123-26 SEC 26 T 3Os R 27'E LEGEND ~ E(1/4)RS ~' TO R-1 A'2OAII' R I .......................................... ~ ~315'~ ~ - z ...................