HomeMy WebLinkAboutORD NO 3401 ORDINANCE NO. ~ 4 0 1
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
EAKERSFIELD MUNICIPAL CODE AND CITY ZONING
MAP NO. 12~-02 BY PREZONING PROPERTY LOCATED
SOUTH OF B~LLE TERRACE, WEST OF STINE ROAD
KNOWN AS S~INE NO. 8 ANNEXATION (WARD 5).
WHEREAS, in accordance with the procedure set forth in the
provisions of Title 17 of the Municipal Code of the City of
Eakersfield, the Planhing commission held a public hearing on a
request by the City of Eakersfield to zone certain property now
being annexed to saidiCity, known as STINE NO. 8 ANNEXATION, and
made several general ~nd specific findinqs of fact which.
warranted a negative declaration of environmental impact, and
WHEREAS, Stine NO. 8 Annexation prezoning area comprises
1.396 +/- acres of la~d contiguous to the boundary of the City of
Eakersfield, as shown!on the attached map marked Exhibit "A"; and
WHEREAS, by Resollution No. 40-91 on May 2, 1991, the
Planning Commission recommended approval and adoption of an
ordinance amending Tit~e 17 of the Municipal Code to approve Zone
Upon Annexation No. 5139 to R-3 (Limited Multiple Family
Dwelling) zone, with condition of approval listed below:
Condition
Prior to 45 days from May 2, 1991, the
applicant shalI reduce the existing Sign at
the southwes~ corner of Belle Terrace and
Stine Road tO a height not to exceed twenty
(20) feet maximum and provide for exterior
sign lightin9 only.
WHEREAS, the law and regulations relating to the preparation
and adoption of Negative Declarations, as set forth in CEQA and
City of Bakersfield esOlution No. 107-86, have been duly
followed by City staff,! the Planning Commission and this Council;
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 was advertised and posted
on April 11, 1991, in a~cordance with CEQA; and
WHEREAS, the City Council
the following findings:
has considered and hereby makes
All required public notices have been given.
The provisions of CEQA have been followed.
3. Proposed Zoning Upon Annexation designation 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
R-3 (Limited Multiple Family Dwelling) 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.
7. The proposed Zoning Upon Annexation would be compatible
with future and existing development on the surrounding
properties.
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 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. 123-02 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 south of Belle Terrace, west of
Stine Road contiguous to the boundary of the City of Bakersfield
known as the STINE NO. 8 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:
2
FROM COUNTY A-1 (LIMITED AGRICULTURAL) ZONE TO CITY R-3
(LIMITED MULTIPLE FAMILY DWELLING) ZONE:
A portion of the 90-foot wide strip of land dedicated
as an easement for the Stine Canal, situated in the
southwest 1/4 of Section 2, T.30S., R.27E, M.D.B.&M.,
Kern County California, more particularly described as
follows:
Beginning at the point of intersection of the east line
of Parcel 1 per Parcel Map No. 6951 (filed in Book 29
of Parcel Maps at page 195 in the Office of the Kern
County Recorder) and the south line of the north 45
feet of said Parcel 1 also being on the south right-of-
way line of Belle Terrace;
THENCE, north 89°22,15- west, along said south line,
46.44 feet to a point on the westerly right-of-way line
of the Stine Canal.
THENCE, south 14°56'22- west, along said westerly line,
629.40 feet to a point on the north boundary line of
Tract No. 3813 (per map filed in Book 26 of maps at
Page 128 in the Office of the Kern County Recorder);
THENCE, south 89°22'15- east, 92.88 feet to a point on
the easterly line of said canal right-of-way;
THENCE, north 14°56'22.. east, along said easterly line,
629.40 feet;
THENCE, north 89°22,15,, west, 46.44 feet to the Point
of Beginning.
Containing 1.30 acres; and
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 ! 1991
following vote: , by the
AYES; COUNCILMEMBERS: EDWABDS BeMOND, SMITH, BRUNNI, PETERSON, McOERMOTF, SALVAGGIO
NOES; COUNCILMEMBERS: '.~ ~/~
· ~;SE NT COUNCILMEMBERS: A/ON-
~tATAIN: COUNCILMEMBERS' /~c.,~/~
ASSISTANT CITY CLERK' and~-Officio Clerk of
Council of the City of Bakersfield
the
APPROVED SEPt ~ 199!
MAYOR of the City of Bakersfield
APPROVED as to form:
LAWRENCE M. LUNARDINI
CITY ATTORNEY of the City of Bakersfield
MO/pjt
Attachment
Exhibit A
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PCD
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CITY OF BAKERSFIELD
ZONING MAP 123-02
SEC. 02 T 3Os R.27E
LEGEND
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
)
County of Kern)
CAROL WILLIAMS,
That she is the
of Bakersfie]d;
SS.
Being duly
duly appointed,
and that on the
posted on
the following:
City Council at
and entitled:
the Bulletin Board at
Ordinance No.
a meeting held on the
sworn, deposes 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
3~01 , passed by the Bakersfield
11th day of September 19 91,
NSAOPD
/s/ CAROL WILLIAMS
CITY CLERK of the City of Bakersfield