HomeMy WebLinkAboutORD NO 3361ORDINANCE NO. 3361
AN ORDINANCE AMENDING TITLE SEVENTEEN
OF THE BAKERSFIELD MUNICIPAL CODE AND
CITY ZONING MAPS NO. 123-26, 123-27
AND 123-28 BY PREZONING PROPERTY LOCATED
SOUTH OF PANAMA LANE, EAST OF GOSFORD
ROAD KNOWN AS THE ASHE 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, Ashe No. 2 Annexation prezoning area comprises
918 +/- 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, A-20A (Agricultural~
20-acre minimum lot size) and RS-10A (Residential Suburban 10-acre
minimum lot size) 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. 19-91 on April 4, 1991, 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, A-20A (Agricultural, 20-acre mini--
mum lot size) Zone and RS-10A (Residential Suburban, 10-acre mini-
mum site area per dwelling) 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, Exhibit D and Exhibit E by this Council and this
Council has fully considered the findings made by the Planning
Commission as set fo:rth 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. 123-26,
No. 123-27 and No. 123-28 be and the same is hereby amended by
prezoning said property and extending the boundaries of said maps
to include that certain property in the County of Kern generally
located south of Panama Lane, east of Gosford Road contiguous to
the boundary of the City of Bakersfield known as the ASHE 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 maps, hereto attached and made a part of
this ordinance, and are more specifically described as follows:
- 2 -
FROM COUNTY A (EXCLUSIVE AGRICULTURAL) ZONE
TO CITY R-1 (ONE FAMILY DWELLING) ZONE:
The North ½ of Section 28; the north ½ of
Section 27; the southeast ¼ of Section 27 and
the south 330 feet of the southwest ¼ of the
southwest ¼ of Section 26 in Township 30
South, Range 27 East, M.D.B.&M., County
of Kern, State of California, according to the
official plats thereof
EXCEPTING the east 600 feet of the northeast
of said Section 27.
ALSO EXCEPTING the public road right of way
for Gosford Road, Panama Lane, Ashe Road,
Stine Road, and the right-of-way for the
Arvin-Edison intake canal.
Containing 755.98 acres
FROM COUNTY A (EXCLUSIVE AGRICULTURAL) ZONE TO
CITY A-20A (AGRICULTURAL, 20 ACRE MIN. LOT
SIZE) ZONE:
The Southwest } of Section 27 in Township 30
south, Range 27 east M.D.B.&M., County of Kern,
State of California, according to the official
plat thereof.
EXCEPTING the public road right-of-way for
Ashe Road.
Containing 158.63 acres
FROM COUNTY E(10) RS (ESTATE 10 ACRE MIN.
PARCEL SIZE RESIDENTIAL SURBURBAN) ZONE TO
CITY RS-10A (RESIDENTIAL SUBURBAN TEN-ACRE
MIN. LOT SIZE) ZONE:
A parcel of land situated in the southwest ¼
of Section 26, Township 30 South, Range 27
East, M.D.B.&M., County of Kern, State of
California, being more particularly described
as Parcel 2 of Parcel Map No. 2665 filed in
book 11 of Parcel Maps, Page 184, and Parcel 1
of Parcel Map No. 466 filed in Book 4 of
Parcel Maps, Page 199 in the Office of the
Kern County Recorder.
Containing 29.32 acres
- 3 -
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 Bakersfield,
but not less than thirty (30) days from and after the date of its
passage.
......... o0o .........
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 1991 , by the
following vote:
AYES; COUNCILMEMBERS: EDWARDB, DeMOND, SMITH,-B~:k~N{ PETERSON, McDERMOT~r. SALVAGGIO
NOES; COUNCILMEMBERS: ,~o
ABSENT COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS'
Council of the City of Bakersfield
APPROVED MAY 8 1991
MAYOR of the City of Bakersfield
APPROVED as to form:
_ .~LAWRENCF~.
CITY ATTORNEY of the City of Bakersfield
LCM/meg
Attachment
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
A ANEX 5
ZUA.ASH2.1
4/16/91
- 5 -
EXHIBIT "A"
Conditions of Approval
Ashe No. 2 Annexation
EXHIBIT "A"
Conditions of Approval
Ashe No. 2 Annexation
Zoning Upon Annexation #5124
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
The annexation area is within a proposed freeway corridor.
Reservations may be necessary at the time of development to
reserve areas for future freeway right-of-way.
Prior to approval of any subdivision map, the applicant shall
submit a traffic study to the City Engineer for approval
establishing traffic impacts resulting from the change in
zoning and recommending appropriate mitigation measures. The
cost of the mitigation measures shall be borne by the
applicant.
The applicant shall submit a comprehensive drainage study.
The drainage study should include, but not necessarily be
limited to, drainage calculations, pipe sizes and locations,
drainage basin sites and sizes, and construction phasing.
The drainage study shall be submitted to and approved by the
City Engineer and the required drainage basin site and neces-
sary easements deeded to the city prior to recording of any
subdivision map or submittal of any development plan within
the project area.
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EXHIBIT "B"
Mitigation Measure
Ashe No. 2 Annexation
EXHIBIT "B"
Mitigation Measure
Ashe No. 2 Annexation
Zoning Upon Annexation #5124
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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St4,
CITY OF BAKERSFIELD
ZONING MAP 125-26
SEC 2~ I 30s R 27E
LEGEND
J
FROM A TO n-!
SEC. 27 T. Sos R 21E
LEGEND
FROM A TO R-! '*"~% ~.
CITY OF BAKERSFIELD
ZONING MAP 123- £8
SEC. 28 · 505 R Z7E
LEGEND
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SSo
County of Kern)
CAROL WILLIAMS, Being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk
of Bakersfield; and that on the 10th day of May
posted on the Bulletin Board at City Hall, a full, true
the following: Ordinance No. 3361 , passed
City Council at a meeting held on the 8th day of
and entitled:
of the City
, 19 91 she
and correct copy of
by the Bakersfield
May , 1991 ,
NSAOPD
/s/ CAROL WILLIAMS
CITY CLERK of the City of Bakersfield
DEPUTY City Clerk