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Home My WebLink AboutORD NO 3382ORDINANCE NO. ~ 3 $ ~ AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND CITY ZONING MAP NO. 102-30 BY PREZONING PROPERTY LOCATED EAST OF JEWETTA AVENUE APPROXIMATELY 1,400 FEET NORTH OF BRIMHALL ROAD KNOWN AS THE BRIMHALL NO. 2 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, known as BRIMHALL NO. 2 ANNEXATION, and made several general and specific findings of fact which warranted a negative declaration of environmental impact; and WHEREAS, Brimhall No. 2 Annexation prezoning area comprises 30 +/- acres of land contiguous to the boundary of the City of Bakersfield, as herein described and delineated on the attached map marked Exhibit "A"; and WHEREAS, by Resolution No. 39-91 on June 6, 1991, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve zone upon annexation No. 5175 to E (Estate) and RS 2.5A (Residential Suburban 2.5 acre minimum), with conditions of approval and mitigation as listed below: Conditions 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 "No- tice of Determination" for benefit of the California Depart- ment 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 indi- cates payment has been made. Parcels created by any subdivision of the project site (in- cluding Tract 5334 or future subdivisions) shall contain a minimum lot size of 18,000 square feet, excluding the RS2- .5A designated area which will meet the 2.5 acre minimum site area. At the time of further subdivision or development, the subdivider/developer shall submit a traffic study to the City Engineer for approval establishing traffic impacts resulting from the change in zone and recommending appropriate mitigation measures. The cost of the mitigation measures shall be borne by the applicant. Mitigation 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 verifying that any measures of the report have been completed shall be submitted to the City Planning Department prior to the issuance of any building permit. In order to mitigate the impacts of any development of the site on the kit fox (a Federally-listed endangered species), the applicant must follow the Advisory Notice, detailing the Interim Mitigation Measures established for the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP). These measures are necessary to prevent unauthorized take of foxes and to offset any losses to kit fox habitat resulting from on-going construction activities; and WHEREAS, this Council has fully considered the findings made by the Planning Commission as set forth in that Resolution; and WHEREAS, a Negative Declaration with mitigation was advertised and posted on May 16, 1991, in accordance with CEQA; and WHEREAS, at said public hearing held on June 6, 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 E (Estate) and RS 2.5A (Residential Suburban 2.5 acre minimum) zones. 3. Proposed Zoning Upon Annexation designations conforms with the Metropolitan Bakersfield 2010 General Plan. 4. The proposed prezoning is consistent with existing land uses in the area. 5. The proposed Zoning Upon Annexation would be compatible 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. 7. No substantial detrimental environmental impact could result from this zoning action, as mitigated; and 2 WHEREAS, the City Council has determined after due consideration 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 with mitigation 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. 120-30 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 east of Jewetta Avenue 1,400 feet north of Brimhall Road contiguous to the boundary of the City of Bakersfield known as the BRIMHALL NO. 2 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: FROM COUNTY E 1/2 RS (ESTATE 1/2 ACRE MINIMUM - RESIDENTIAL SUBURBAN) ZONE TO CITY E (ESTATE) ZONE: The north 277 feet of the west 220 feet of the southwest quarter, northwest quarter, southwest quarter, Section 30, T. 29 S., R 27 E., M.D.B.&M., County, California. EXCEPTING the public road right-of-way for Jewetta Avenue. Containing 1.21 +/- acres. Kern FROM COUNTY E (5) RS (ESTATE, 5 ACRE MINIMUM - RESIDENTIAL SUBURBAN ZONE TO CITY E (ESTATE) ZONE: The southwest quarter, northwest quarter, southwest quarter, S. 30, T. 27 S., R. 27 E., M.D.B.& M., Kern County, California. EXCEPTING the north 277 feet of the west 220 feet of said description. ALSO EXCEPTING the public road right-of-way for Jewetta Avenue. Containing 8.30 acres +/-. 3 FROM COUNTY E (10) RS (ESTATE, 10 ACRE MINIMUM - RESIDENTIAL SUBURBAN) TO CITY E (ESTATE) ZONE: The northeast quarter, northwest quarter, southwest quarter and the west half, southeast quarter, northwest quarter, southwest quarter, S. 30, T. 29 S., R. 27 E., M.D.B.&M., Kern County, California. Containing 14.90 acres +/-. FROM COUNTY E (10) RS (ESTATE, 10 ACRE MINIMUM - RESIDENTIAL SUBURBAN) ZONE TO CITY RS 2.5A (RESIDENTIAL SUBURBAN 2.5 ACRE MINIMUM) ZONE The east half, southeast quarter, northwest quarter, southwest quarter, S. 30, T. 29 S., R. 27 E., M.D.B.&M., Kern County, California. Containing 4.97 acres +/-. SECTION 2. This Ordinance shall be posted in accordance with the Bakersfield Municipal Code 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 ......... 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 JUL ~ ! 199! , by the following vote: AYES; COUNCILMEMBERS: EDWARDS, DeMOND, SMITH, BRUNNI. PETERSON, McDERMOTI', SALVAGGIO NOES; COUNCILMEMBERS: /t/~ ~/¥ ABSENT COUNCILMEMBERS: A/t~Ng ABSIAIN: COUNCILMEMBERS' ~0~4~ -~ CITY CT.ERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED JUL $ 1 1991 MAYOR of the City of Bakersfield APPROVED as to form: <~AWRENCE M. LUNARD~NI CITY ATTORNEY of the City of Bakersfield MO/pjt Attachment Exhibit "A" a/zuaob2 5 ::*:*:*:':':':*:::: .:.:.:.:.:. · ..*.. · :.: .*.:. ,... Cm?Y OF BAKERSFIELD ZONING MAP 102-$0 '1 LEGEND AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) ss. County of Kern) CAROL WILLIAMS, Being duly sworn, deposes and That she is; the duly appointed, acting and of Bakersfield; and that on the 6th day posted on the Bulletin Board at City Hall, a the following: Ordinance No. 3382 City Council at a meeting held on the 31st and entitled: says: qualified City Clerk of the City of August 19 91 she full, true and correct copy of passed by the Bakersfield day of July 1991 NSAGPD /s/ CAROL WILLIAMS CiTY CLERK of the City of Bakersfield DEPUTY City Clerk