HomeMy WebLinkAboutORD NO 3450ORDINANCE NO. ~
AN ORDINANCE AMENDING SECTION
17.06.020 OF CHAPTER 17.06 (ZONING
MAP) OF THE BAKERSFIELD MUNICIPAL
CODE AND CITY ZONING MAP NOS. 124-29
AND 124-30 BY PREZONING PROPERTY
LOCATED SOUTH OF PANAMA LANE EAST
AND WEST OF UNION AVENUE KNOWN AS
PANAMA NO. 11 ANNEXATION (WARD 1
OR 7).
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 THURSDAY, DECEMBER 5, 1991, to consider zoning certain
property proposed for annexation to said City, known as PANAMA NO. 11
ANNEXATION, and made several general and specific findings of fact which warranted a
negative declaration of environmental impact; and
WHEREAS, Panama No. 11 Annexation prezoning area comprises
approximately 120 acres of land contiguous to the boundary of the City of Bakersfield, as
shown on the attached maps marked Exhibits "B" and "C"; and
WHEREAS, by Resolution No. 83-91 on December 5, 1991, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of
the Municipal Code to approve Zoning Upon Annexation No. 5253 to A-20A
(Agriculture-20 acre minimum), E (Estate), R-I (One Family Dwelling), R-2 (Limited
Multiple Family Dwelling), and C-2 (Commercial), 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 as described in Exhibit
"D" was advertised and posted on November 14, 1991, in accordance with CEQA; and
ORIGINAL
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 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), E (Estate), R-1 (One Family Dwelling), R-2 (Limited Multiple Family
Dwelling), and C-2 (Commercial) zones.
5. Proposed Zoning Upon Annexation designations are 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 No. 5253 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 as described in Exhibit
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 Nos. 124-29 and 124-30 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 south of Panama Lane, east and west of Union
2
Avenue contiguous to the boundary of the City of Bakersfield known as the PANAMA
NO. 11 ANNEXATION, upon the annexation of said property to the City of Bakersfield,
the zoning designations and boundaries of which property are shown on the maps,
hereto attached and made a part of this ordinance, and are more specifically described
in attached Exhibit "A".
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.
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ORIGINAL
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
MAR 1 ! 1992 , by the following vote:
AYES: COI~NCtLMEMBERS: EDWARI~,-I~, SMITH. BRUNNI, ~'~.~G;~ McDERMOTL SALVAGGIO
NOES; COI~NCILMEMBERS'
ABSTAIN: COUNCILMEMBER~'
CiTY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED MAR 1 ! 1992
CLARENCE E. MEDDERS
MAYOR of the City of Bakersfield
APPROVED as to form:
CITY ATTORNEY of the City of Bakersfield
pit
Attachment - Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
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ORIGINAL
EXHIBIT "A"
Zoning Upon Annexation Descriptions
for "Panama No. 11"
FROM COUNTY A (EXCLUSIVE AGRICULTURE) ZONE TO CITY R-1 (ONE
FAMILY DWELLING) ZONE:
A portion of the northeast quarter of Section 30, T.30S., R.28E., M.D.B.&M., Kern
County, California, being described as follows:
Beginning at a point on the south right-of-way line of Panama Lane, said point being the
northwest corner of Lot I of "BERKSHIRE FARM TRACT' per map filed in Book I of
maps, Page 38, in the Office of the Kern County Recorder;
THENCE east, along said south right-of-way line, 742.25 feet to a point on the west line
of the east 520 feet of said Lot 1;
THENCE south, along said east line, 630.45 feet to a point on the south line of said Lot
1;
THENCE continuing south along the west line of the east 520 feet of Lot 2 of said
"BERKSHIRE FARM TRACT', 64.55 feet;
THENCE east and parallel with the north line of said Lot 2, a distance of 520 feet to a
point on the west right-of-way line of South Union Avenue;
THENCE south along said west right-of-way line, 760.98 feet to a point on the south
right-of-way line of the ARVIN-EDISON INTAKE CANAL;
THENCE west along said canal right-of-way line, 580 feet;
THENCE south along a line parallel with the east line of Lots 15 and 16 of said
"BERKSHIRE FARM TRACT' a distance of 1,126.61 feet to a point on the north right-
of-way line of Berkshire Road (Co. Rd. No. 354);
THENCE west, along said right-of-way line, 681.52 feet to the southwest corner of said
Lot 16;
THENCE north along the west iines of said Lots 16, 15, 2 and I, a distance of 2,582.15
feet to the point of beginning.
Containing 51.07 acres +/-
ORIGINAL
Exhibit "A"
Panama No. 11 Annexation
Page 2
FROM COUNTY A (EXCLUSIVE AGRICULTURE) ZONE TO CITY R-2
(LIMITED MULTIPLE FAMILY DWELLING) ZONE:
The east 580 feet of Lots 15 and 16 of said "BERKSHIRE FARM TRACT."
EXCEPTING THEREFROM that portion of said .Lot 15 lying in the right-of-way for
the ARVIN-EDISON INTAKE CANAL.
*NOTE - Said Lots 15 and 16 are bounded by the west line of South Union Avenue and
the north line of Berkshire Road.
Containing 15 acres +/-
FROM COUNTY A (EXCLUSIVE AGRICULTURE) ZONE TO CITY E (ESTATE)
ZONE:
The northwest 1/4 of the northwest 1/4 and the west 52.18 feet of the northeast 1/4 of
the northwest 1/4 of Section 29, T.30., R.28E., M.D.B.&M., Kern County, California.
EXCEPTING the west 275.55 feet and the public road right-of-way for Panama Lane.
Containing 30.78 acres +/-
FROM COUNTY R-3D (HIGH DENSITY RESIDENTIAL-ARCHITECTURAL
DESIGN COMBINING) ZONE TO CITY C-2 (COMMERCIAL) ZONE:
The north 420 feet of the west 275.55 feet of the northwest 1/4 of said Section 29,
EXCEPTING THEREFROM the public road right-of-way for South Union Avenue and
Panama Lane.
Containing 1.95 acres +/-
Exhibit "A"
Panama No. 11 Annexation
Page 3
FROM COUNTY C-2 PD (GENERAL COMMERCIAL-PRECISE DEVELOPMENT
COMBINING) ZONE TO CITY C-2 (COMMERCIAL) ZONE:
The east 520 feet of Lot 1 and the north 64.55 feet of the east 520 feet of Lot 2 of said
Section 30 as lots are shown on said "BERKSHIRE FARM TRACT."
*NOTE - Said Lots 1 and 2 are bounded by the west line of South Union Avenue and
the south line of Panama Lane.
Containing 8.30 acres +/-
FROM COUNTY A (EXCLUSIVE AGRICULTURE) ZONE TO CITY A-20A
(AGRICULTURE-20 ACRE MINIMUM) ZONE:
The west i/2 of the vortheast 1/4 of the northwest 1/4 of said Section 29,
EXCEPTING the west 52.18 feet thereof.
ALSO EXCEPTING the public road right-of-way for Panama Lane.
Containing 18 acres +/-
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LANE
CITY OF BAKERSFIELD
ZONING MAP 124-29
SEC. 29 · ~Os R 28£
LEGEND
....... ZONE ~STRrCr eOUNOAR¥
124-30
R 28E
CiTY OF RAK£RSFIELO
ZONING MAP
SEC 30 T 30s
LEGEND
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EXHIBIT "D"
Mitigation Measure
Zoning Upon Annexation No. 5253
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.
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 at Cal State Bakersfield for review. A letter from the
California Archaeological Inventory verifying that the report has been properly
completed shall be submitted to the City Planning Department and any measure
listed in the report must be completed prior to the issuance of any building
permit.
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
County of Kern)
CAROL WILLIAMS,
That she is the
of Bakersfield;
Being duly sworn, deposes and says:
duly appointed, acting and qualified City Clerk of the City
and that on the 16th day of ~arch 19 92 she
posted on the Bulletin Board at City Hall, a full, true and correct copy of
No. 3450 , passed by the Bakersfield
the 11Eh day of March _, 19 92,
the following: Ord±nance
City Council at a meeting held on
and entitled:
NSAOPD
/s/ CAROL WILLIAMS
CITY CLERK of the City of Bakersfield
DEPUTY City Clerk