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
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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.
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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