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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 a/zuaos8 4 PCD St*, C 2-D -IZ C-2 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