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HomeMy WebLinkAboutORD NO 3360ORDINANCE NO. 3360 AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND CITY ZONING MAPS NO. 123-24 AND 123-25 BY PREZONING PROPERTY LOCATED NORTH OF THE ARVIN-EDISON CANAL WEST OF FREEWAY 99 KNOWN AS THE DENNEN NO. 1 ANNEXATION (WARD 6 AND WARD 7). 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, Dennen No. i Annexation prezoning area comprises 91.87 +/- acres of land contiguous to the boundary of the City of Bakersfield; and WHEREAS, at said public hearing held on April 4, 1991, 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, MH (Mobilehome) 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. 18-91 on April 4, 1991, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve a R-1 (One Family Dwelling) Zone, MH (Mobilehome) Zone and C-2 (Commercial) Zone, with conditions of approval on attached Exhibit A and with mitigation on attached Exhibit B, as herein described and as delineated on the attached maps marked Exhibit C and Exhibit D 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 March 14, 1991 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. 123-24 and No. 123-25, 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 north of the Arvin-Edison Canal, west of Freeway 99 contiguous to the boundary of the City of Bakersfield known as the DENNEN NO. 1 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 maps, hereto attached and made a part of this ordinance, and are more specifically described as follows: FROM COUNTY M.S. (MOBILE HOME SUBDIVISION) ZONE TO CITY MH (MOBILEHOME) ZONE: A portion of Southwest ~ of Section 24, T30S., R.27E., M.D.B.&M., in the County of Kern, State of California, more particularly described as follows: All lots (1 through 96) within Tract No. 3497 as shown on map filed in Book 23 of Maps, Pages 138, 139 and 140 in the office of the Kern County Recorder. Containing 17.94 acres FROM COUNTY C-2 PD (COMMERICAL, PRECISE DEVELOPMENT) TO CITY C-2 (COMMERCIAL) ZONE: A portion of the Southwest ¼ of said Section 24 being that parcel of land bounded on the north by the south boundary line of said Tract No. 3497; bounded on the east by the westerly right-of-way line of State Route V1-KER-99 (Freeway 99); bounded on the south by the north right-of-way line of Panama lane; and bounded on the west by the easterly right-of-way line of the Branch No. 1, Kern Island Canal. Excepting the public road right-of-way for Dennen Street. Containing 3.56 acres FROM COUNTY C-1 PD (NEIGHBORHOOD COMMERCIAL, PRECISE DEVELOPMENT) TO CITY R-1 (ONE FAMILY DWELLING) ZONE: A portion of the northwest ~ of Section 25, T.30S., R.27E., M.D.B.&M., County of Kern, State of California, more particularly described as follows: The South 365 feet of the North 420 feet of the West 60 feet of Parcel 1 as parcels are shown on Parcel Map No. 3509 filed in Book 17 of Parcel Maps, Page 108 in the Office of the Kern County Recorder. Containing 0.503 acres - 3 - FROM COUNTY A-1 (LIGHT AGRICULTURAL) TO CITY R-1 (ONE FAMILY DWELLING) ZONE: A portion of the north ½ of Section 25, T.30S., R.27E., M.D.B.&M., County of Kern, State of California, being that parcel of land bounded on the north by the South right- of-way line of Panama Lane; bounded on the east by the westerly right-of-way line of state route V1-KER-99 (Freeway 99); bounded on the south by the south right-of-way line of the Arvin-Edison intake canal; and bounded on the west by the east lines of parcels 2 and 3 of said Parcel Map No. 3509 and 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 right-of-way line of the Arvin-Edison intake canal. Excepting the north 365 feet of the west 60 feet thereof. Containing 67.16 acres and subject to the Conditions of Approval as listed in Exhibit A with Mitigation as listed in Exhibit B, attached hereto and incor- porated as though fully set forth. SECTION 2. This ordinance shall be posted in accordance with the City Charter provisions and shall become effective upon the annex- ation of the above-described territory to the City of Bakersfields, 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 MAY 8 ~99! __, by the following vote: AYES; COUNCILMEM6ERS: EDWARDS, DeM. O/NO. SMITH, SRUNNI, PETERSON, McDERMOTt, SALVAGGIO NOES; COUNCILMEMBERS: ASSENT COUNCILMEMSERS: ABSTAIN: COUNCILMEMSERS' CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED NAY 8 CLARENCE E. MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: ~SAWRENCE .M~. LUNAP~D/~N[ ~ CITY ATTORNEY'n~f "the City of ~akersfield LCM/meg Attachment Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" A ANEX 5 ZUA.DENi.1 4/16/91 - 5 - EXHIBIT "A" Conditions of Approval Dennen No. 1 Annexation EXHIBIT "A" Conditions of Approval Dennen No. 1 Annexation Zoning Upon Annexation #5102 Planning Department "Within 60 days of the date of this project approval: The applicant shall provide verification from the office of the County Clerk of payment of filing fees for filing of a "Notice of Determination" for benefit of the California Department of Fish and Game as required by AB 3158 (Section 1005 Public Resources Code). Approval of this project shall not be considered operative, vested, or final until such time as the required verification of fees and a copy of the "Notice of Determination" stamped by the County Clerk which indicates payment has been made." Public Works Department Prior to future subdivision or development, Subdividers/ Developers within the new R-1 zoned area shall conduct traf- fic studies and may be required to either pay their propor- tionate share or enter into an agreement with the city and post approved security to guarantee their proportionate share of future traffic signals at the following intersections: Panama Lane and Wible Road State Route 99 and Panama Lane enter/exit ramps The proportionate share shall be based on the potential increase in trip generation between zoning and the existing zoning. impact from the the proposed p/srdlea EXHIBIT "B" Mitigation Measure Dennen No. 1 Annexation EXHIBIT "B" Mitigation Measure Dennen No. 1 Annexation Zoning Upon Annexation #5102 An archaeological survey is required for any proposal within the project area prior to site disturbance. The report is to be submitted to the California Archaeological Inventory at Cal State Bakersfield for review. A letter from the California Archaeological Inventory verifying that any meas- ures of the report have been completed shall be submitted to the City Planning Department prior to the issuance of any building permit. p/srdleb CITY OF BAKERSFIELD ZONING MAP i23-24 SEC. :~4 'E 305 R2?E LEGENO fl1 Z CITY 0I: _R~,KERSF!ELD ZONING MAP 123-25 SEC 25 ~ 5OS R AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) ss. County of Kern CAROL WILLIAMS Being duly sworn, That she is the duly appointed, of Bakersfie]d; and that on the posted on the Bulletin Board at the following: City Council at and entitled: Ord±nance a meeting held on deposes and says: acting and qualified City Clerk of the .City 10th day of May 1991 she City Hall, a full, true and correct copy of No. 3360 passed by the Bakersfield the 8th day of May 1991 NSAOPD /s/ CAROL WILLIAMS CITY CLERK of the City of Bakersfield DEPUTY City Clerk