HomeMy WebLinkAboutORD NO 3403ORDINANCE NO. $ 4 0 3
AN ORDINANCE AMENDING SECTION
17.06.020: OF CHAPTER 17.06 (ZONING
MAP) OF THE BAKERSFIELD MUNICIPAL
CODE AND CITY ZONING MAP 102-30 BY
PREZONING PROPERTY LOCATED EAST
OF JEWETYA AVENUE 300 FEET NORTH
OF BRIMHALL ROAD KNOWN AS
BRIMHALL NO. 1 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. 1 ANNEXATION, and made
several general and specific findings of fact which warranted a negative declaration of
environmental impact; and
WHEREAS, Brimhall No. 1 Annexation prezoning area comprises 8 +/-
acres of land contiguous to the boundary of the City of Bakersfield, as shown on the
attached map marked Exhibit '"B"; and
WHEREAS, by Resolution No. 37-91 on June 20, 1991, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of
the Municipal Code to approve Zoning Upon Annexation No. 5131 to E (Estate) and C-
1 (Limited Commercial) zoneS, with conditions of approval and mitigation as set forth in
said 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, 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 with mitigation was advertised and
posted on May 27, 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 E (Estate) and C-1 (Lhnited
Commercial) zones with modifications to the conditions of approval as attached Exhibit
5. Proposed Zoning Upon Annexation designations are consistent with the
Metropolitan Bakersfield 2010 General Plan regarding location and design of residential
designations.
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; and
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 with mitigation for this zoning action is
hereby approved and adopted.
-2-
3. That Title Seventeen of the Bakersfield Municipal Code of the City of
Bakersfield and City Zoning Map No. 102-30 is hereby amended by prezoning said
property and extending the boundaries of said map to include that certain property in
the County of Kern located east of Jewetta Avenue 300 feet north of Brimhall Road
contiguous to the boundary of the City of Bakersfield known as the BRIMHALL NO. 1
ANNEXATION, with modifications to the Planning Commission conditions of approval
as attached Exhibit "A", 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 in
attached Exhibit "C".
SECTION 2.
This ordinance shall be posted in accordance with the Bakersfield
Municipal Code 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.
-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 __
OCT - 2 1.q.q! , by the following vote:
AYES; COUNCILMEMBERS: EDWARD, S, DeMOND,
NOES; COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
AB6TAIN: COUNCILMEMBERS'
SMITH, BRUNNL PETERSON, McDERMOTT, SALVAGGIO
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED OCT ~ 2 1991
CLARENCE E. MEDDERS
MAYOR of the City of Bakersfield
APPROVED as to form:
LAWRENCE M. LUNARDINI (/~
CITY ATTORNEY of the City of Bakersfield
MO:pjt
Attachment- Exhibits A, B, & C
a:CCO.ZUA.bl
September 3, 1991
-4-
EXHIBIT "A"
Approve 10,000 square foot lots between Tract 5417 and the future commercial
area.
A public access be provided upon development between the residential and
commercial areas and linking the commercial parcels.
Approve the general commercial area along Jewetta Avenue to approximately
4.58 acres.
CITY OF BAKERSFIELD
ZONING MAP 102-30
SEC. 30 I29s R. 27[
LEGEND
EXHIBIT "C"
BRIMHALL NO. 1
Z. U. A. DESCRIPTIONS
TO CITY C-1 (LIMITED CC6[MERCIAL) ZONE
The West 936.28 feet of the North 1/2 of the South 1/2 of the Southwest 1/4 of
the Southwest 1/4 of Section 30, Township 29 South, Range 27 East, M.D. M.,
Ccunty of Kern, State of California, according to the official plat thereof.
EXCEPTING the North 102 feet of said parcel.
ALSO EXCEPTING the ultimate public road Eight of way for Jewetta Avenue.
Containing 4.59 acres (+__)
TO CITY E (ESTATE) ZONE
The North 1/2 of the South 1/2 of the Southwest 1/4 of the Southwest 1/4 of
Section 30, Township 29 South, Range 27 East, M.D. M., County of Kern, State
of California, according to the official plat thereof.
EXCEPTING the West 750 feet of said parcel.
ALSO EXCEPTING the South 228 feet of the West 923.97 feet of said parcel.
Containing 3.33 acres (+__)
35:EX.BRIM RTY:lh
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
SS.
County of Kern)
CAROL WILLIAMS,
That she is the
of Bakersfield;
posted on the Bulletin Board at
the following: Ordinance
City Council at a meeting held
and entitled:
Being duly sworn,
duly appointed,
and that on the
deposes and says:
acting and qualified City Clerk of the City
8th day of October , 19 91 she
City Hall, a full, true and correct copy of
No. 3403 passed by the Bakersfield
on the 2rid day of October 1991
/s/ CAROL WILLIAMS
CITY CLERK of the City of Bakersfield
By:
DEPUTY City Clerk
NSAOPD