HomeMy WebLinkAboutORD NO 3462ORDINANCE NO. 3/.62
AN ORDINANCE AMENDING SECTION
17.06.020 OF CHAPTER 17.06 (ZONING
MAP) OF ITHE BAKERSFIELD MUNICIPAL
CODE AND CITY ZONING MAP 124-30 BY
PREZON]~NG PROPERTY LOCATED NORTH
OF HOSKING AVENUE 1,300 _ FEET WEST
OF UNION AVENUE KNOWN AS HOSKING
NO. 4 ANNEXATION.
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, APRIL 16, 1992, to consider zoning certain property
proposed for annexation to said City, known as HOSKING NO. 4 ANNEXATION, and
made several general and specific findings of fact which warranted a negative declaration
of environmental impact; and '
WHEREAS, Hosking No. 4 Annexation prezoning area comprises
approximately 10 -+ acres of laad contiguous to the boundary of the City of Bakersfield,
as shown on the attached map !marked Exhibit "B"; and
WHEREAS, by Resolution No. 8-92 on April 16, 1992, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of
the Municipal Code to approve Prezoning No. 5301 to an R-1 (One Family Dwelling)
zone, with 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 March 20, 1992, in accordance with CEQA; and
WHEREAS, the City Council has considered and hereby makes the
following findings:
I. All required public notices have been given.
2. The provisions of CEQA have been followed.
ORi(3JNAL
3. Proposed prezoning 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 prezoning to an R-1 (One Family Dwelling) zone.
5. Proposed prezoning 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 Prezoning No. 5301 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.
3. That Title Seventeen of the Bakersfield Municipal Code of the City of
Bakersfield and City Zoning Map No. 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 north of Hosking Avenue 1,300 -+ feet west of Union
Avenue, contiguous to the boundary of the City of Bakersfield known as the HOSKING
NO. 4 ANNEXATION, upon the annexation of said property to the City of Bakersfield,
subject to mitigation below, 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 "A".
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.
(Mitigation)
2
OR;Gt¢4AL
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.
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 __
3 U N 0 3 t992 , by the following vote:
AYES; COUNCILMEMBERS: &ENiW~RI~. DeMOND.'~. BRUNNI. PETERSON. McOERMOTT.
NOES; COU~ILMEMBERS:
ABSENT COUNCIL~M~: ~ ~,~ ~ t ~ ~ ~10
ABSTAIN:
CI~ CLERK and Ex Officio Clerk of the
Council of the Ci~ of Bakersfield
APPROVED_JUfi 0 3 1992
MAYOR of the City of Bakersfield
APPROVED as to form:
LAWRENCE M. LUNARDINr' J
CITY ATTORNEY of the City of Bakersfield
pit
Attachment -
p:oh4.cc
Exhibit "A"
Exhibit "B"
3
OR;GIr~L
EXHIBIT A
PREZONING NO. 5301
FOR ANNEXATION NO. 369
(HOSKING NO. 4)
County A-1 MH (Limited Acriculture - Mobilehome combininc) zone to
City R-1 (One Familv Dwellinc) zone.
All of the East half of Lot 30 in Section 30, Township 30 South,
Range 28 East, M.D.M., Kern County, California, as said Lot 30 is
shown on "Map of Berkshire Farm Tract" filed August 27, 1901 in the
office of the Kern County Recorder. The south boundary of said lot
is determined to be on the north line of Hosking Avenue (60 foot
road width) for this description.
Containing 9.78 Acres (±)
a:EX~.369
OF;;G;~r~
iii
CITY OF BAKERSFIELD
ZONING MAP
SEC 30 '1: 30s
LEGEND
124 - 30
R 28E
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern)
CAROL WILLIAMS, Being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City
of Bakersfield; and that on the 4th day of June , 1992 she
posted on the Bulletin Board at City Hall, a full, true and correct copy of
the following: Ordinance No.
City Council at a meeting held on the
and entitled:
q&6? , passed by the Bakersfield
3rd day of 3une , 19 92,
/s/ CAROL WILLIAMS
CITY CLERK of the City of
Bakersfield
NSAOPD
DEPUTY City Clerk
OR;GIlA[