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HomeMy WebLinkAboutORD NO 3336ORDINANCE NO. 3336 AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND CITY ZONING MAP NO. 102-15 BY PREZONING THAT CERTAIN PROPERTY LOCATED SOUTHEAST OF WESTLAKE DRIVE AND OAKHAVEN STREET CONTIGUOUS TO THE BOUNDARY OF THE CITY OF BAKERSFIELD KNOWN AS THE OAKHAVEN NO. 1 ANNEXATION (WARD 4). 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 10,000 Sq. Ft. Minimum Lot Size) zone. be 1 n Plan. 3. Proposed Zoning Upon Annexation designations would conformance with the Metropolitan Bakersfield 2010 General 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. 46-90 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, 10,000 Sq. Ft. Minimum Lot Size) 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 No. 102-15, be and the same is hereby amended by prezoning said property and extending the boundaries of said map to include that certain prop- erty in the County of Kern generally located southeast of Westlake Drive and Oakhaven Street contiguous to the boundary of the City of Bakersfield known as the OAKHAVEN NO. 1 ANNEXATION, upon the annexation of said property to the City of Bakersfield, the zoning designations and 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: - 2 - FROM COUNTY A-1 (LIMITED AGRICULTURE) TO CITY R-1 (ONE FAMILY DWELLING 10,000 SQ.FT. MINIMUM LOT SIZE) ZONE: The south half (1/2) of Lot 6 in Section 15 as said lot is shown on Map of Lands of Kern County Land Company in Section 15, T29S, R27E, M.D.B.&M. in the County of Kern, State of California, as filed April 8, 1892 in the Office of the Kern County Recorder. Containing 10.00 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 ......... - 3 - 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 ~J~N ~ § ~991 , by the following vote: AYES: COUNCILMEMBERS: EC~'.'.t,~C; DeMOND, SMITH, BRUNNI, PETERSON, McOERMOT~r, SALVAGGIO NOES; COUNCILMEMBERS: A/OA,'~ ABSENT COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS' CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED 'JAN · MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: ROBERT M. SHERFY /'~ ACTING CITY ATTORNEY of ~he City of Bakersfield LCM/meg Attachment Exhibit "A" A ANEX 5 ZUA.OAKH1 12/11/90 - 4 - EXHIBIT A CITY OF BAKERSFIELD ZONING MAP 102-15 SEC 15 T 29S I~ 27E LEGEND