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HomeMy WebLinkAboutORD NO 3400ORDINANCE NO. 8 & 0 0 AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND CITY ZONING MAP 101-13~BY PREZONING PROPERTY LOCATED AT THE NORTHWEST CORNER OF JEWETTA AVENUE AND NORIEGA ROAD KNOWN AS NORIEGA NO. ! 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 Planming 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 NORIEGA NO. ! ANNEXATION, and made several general and specific findings of fact which warranted a negative declaration of environmental impact; and WHEREAS, Noriega No. i Annexation prezoning area comprises 200 +/- acres of land contiguous to the boundary of the City of Bakersfield, as shown on the attached map marked Exhibit "A"; and WHEREAS, by Resolution No. 59-91 on July 18, 1991, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zoning Upon Annexation No. 5202 to A-20A (Agriculture-20 acre minimum) zone; WHEREAS, this Council has fully considered the findings made by the Planning Commission as set forth in that Resolution; and WHEREAS, the law and regulations relating to the preparation and adoption of Negative Declarations, as set forth in CEQA and City of Bakersfield Resolution No. 107-86, have been duly followed by City staff, the Planning Commission and this Council; and WHEREAS, a Negative Declaration was advertised and posted on June 19, 1991, in accordance with CEQA; and WHEREAS, the City Council has considered and hereby makes the following findings: 1. All required public notices have been given. 2. The provisions of CEQA have been followed. 3. Proposed Zoning Upon Annexation designations, as mitigated, will not have a significant adverse effect on the environment. 4. Public necessity, convenience, general welfare and good planning practice justify the proposed Zoning Upon Annexation to A-20A (Agriculture-20 acre minimum) zone. 5. Proposed Zoning Upon Annexation designation is consistent with the Metropolitan Bakersfield 2010 General Plan. 6. The proposed prezoning is consistent with existing land use in the area. 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: 1. All of the foregoing recitals are hereby 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. 101-13 is hereby amended by prezoning said property and extending the boundaries of said map to include that certain property in the County of Kern located at the northwest corner of Jewetta Avenue and Noriega Road contiguous to the boundary of the City of Bakersfield known as the NORIEGA 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: FROM COUNTY A (EXCLUSIVE AGRICULTURE} ZONE TO CITY A-20A (AGRICULTURE - 20 ACRE MINIMUM) ZONE: Lots 5 thru 8, inclusive, and Lots 11 thru 16, inclusive, of the Sales Map of Lands of Kern County Land Company in Section 13, Township 29 South, Range 26 East, M.D.B.&M., Kern County, California, according to the map thereof, filed November 24, 1891, in the office of the Kern County Recorder. Also being, generally, the north half of the northwest quarter, the southeast quarter of the northwest quarter, and the south half of the northeast quarter of said Section 13. Contains approximately 200 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 .......... - 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 $EP 1 ~ 19§~ , by the following vote: AYES, COUNCILMEMBERS EDWARDS, O.MOND, SMITH, liRUNNI, PE?tI~ON, McDi~AMI3~, rSALVAg~II~ NOES; COUNCILMEMBERS: '/~-/2/~/~- ABSENT COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS ASSISTANT CITY CLERK and ~ Officio Clerk of the Council of the vCity of Bakersfield APPROVED $£P I I 19~1 CLARENCE E, MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: LAWRENCE M. LUNARDINI CITY ATTORNEY of the City of Bakersfield MS/pjt Attachment Exhibit "A" a:CCO.N1ZUA - 4 - CITY OF BAKERSFIELD ZONING'MAP SEC. t5 T. 29~ LEGEND R2GE. AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) ss. County of Kern) CAROL WILLIAMS, Being duly sworn, deposes That she is the duly appointed, of Bakersfield; and that on the posted on the Bulletin Board at the following: Ord±nance City Council at a meeting held and says: acting and qualified City Clerk of the City 13th day of September , 19 91 she City Hall, a full, true and correct copy of No. 3400 , passed by the Bakersfield on the 11th day of September 19~]-, and entitled: /s/ CAROL WILLIAMS CITY CLERK of the City of Bakerslield By: DEPUTY City Clerk NSAOPD