HomeMy WebLinkAboutORD NO 3485ORDINANCE NO. 3485
AN ORDINANCE AMENDING SECTION
17.06.020 OF CHAPTER 17.06 (ZONING
MAP) OF THE BAKERSFIELD MUNICIPAL
CODE AND CITY ZONING MAP 103-33 BY
PREZONING PROPERTY LOCATED SOUTH
OF VIRGINIA AVENUE GENERALLY WEST
OF INDUSTRIAL STREET NORTH OF
BRUNDAGE LANE KNOWN AS BRUNDAGE
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, AUGUST 6, 1992, to consider zoning certain property
proposed for annexation to said City, known as BRUNDAGE NO. 4 ANNEXATION, and
made several general and specific findings of fact which warranted a negative declaration
of environmental impact; and
WHEREAS, Brundage No. 4 Annexation prezoning area comprises 134
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. 44-92 on August 6, 1992, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of
the Municipal Code to approve Prezoning No. 4969 to M-2 (General Manufacturing)
zone with conditions of approval, 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 was advertised and posted on July 6,
1992, 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 Prezoning designations will not have a significant adverse
effect on the environment.
4. Proposed Prezoning designations are consistent with the Metropolitan
Bakersfield 2010 General Plan.
5. Proposed Prezoning is consistent with existing land use in the area.
6. Proposed Prezoning No. 4969 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 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. 103-33 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 Virginia Avenue, generally west of Industrial Street
and north of Brundage Lane contiguous to the boundary of the City of Bakersfield
known as BRUNDAGE NO. 4 ANNEXATION, upon the annexation of said property to
the City of Bakersfield, subject to the conditions of approval attached in Exhibit "C" and
the zoning designations and boundaries of which property are shown on the map
(Exhibit "B"), 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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ORIGII~L
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
$£P ~ 0 1992 , by the following vote:
AYES: COUNCILMEMBERS: EDWARDS, DeMOND, -'~, BRUNNI, ,'-t. ;:-~,;.~:~;. ~. SALVAGGIO
NOES; COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS'
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED $EP 30~9_9.2__
MAYOR of the City of Bakersfield
APPROVED as to form:
CITY ATTORNEY of the City of Bakersfield
pit
Attachment -
res\ob4.cc
Exhibits "A" - "C"
3
ORIGINAL
EXHIBIT "A"
BRUNDAGE NO. 4
PREZONING NO. 4969
COUNTY M-3 (HEAVY INDUSTRIAL) ZONE TO CITY
M-2 (GENERAL MANUFACTURING) ZONE.
A Parcel of land in the south half of Section 33, T. 29 S., R.28E., M.D.M., County of Kern, State of California,
more particularly described as follows:
Beginning at a point on the south line of said Section 33, distant North 89 deg. 31'31" East, 961.68 feet from
the southwest corner thereof;
TItENCE North 00 deg. 05'18" East, 2235.45 feet to a point on a 11,429.954 foot radius, non-tangent curve,
concave to the northwest, with a radial bearing of North 62 deg. 28'33" West:
THENCE Northeasterly along said curve through a central angle of 02 deg. 16'48", an arc distance of 454.84
feet to a point on the north line of the south half of said Section 33;
THENCE North 89 deg. 29'40" East, along said north line, 1480.67 feet to a point on the north/south mid-
section line of said Section 33;
THENCE South 00 deg. 01'37" West along said mid-section line, 1321.015 feet;
THENCE North 89 deg. 30'39" East, !.322.205 feet;
THENCE South 00 deg. 00'24" East, 1321.23 feet to a point on the south line of said Section 33;
THENCE South 89 deg. 31'31" West along said south line, 3008.02 feet to the point of beginning.
Excepting therefrom all public road right of way.
Containing 133.05 Acres (more or less)
a:BRUNDG.4
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ORIGINAL
C-2
CITY OF BAKERSFIELD
ZONING MAP 103-53
EXHIBIT "C"
Conditions of Approval
Prezoning No. 4969
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 Adviso~
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)
p:4969.sr
ORIG{NAL
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) S$o
County of Kern)
CAROL WILLIAMS,
That she is the
of Bakersfield;
Being duly sworn, deposes and says:
duly appointed, acting and qualified City Clerk
and that on the 2nd day of _October
posted on the Bulletin Board at City Hall, a full, true
the following: Ordinance No. 3485 , passed
City Council at a meeting held on the 30th day of
and entitled:
of the City
, 1992 she
and correct copy of
by the Bakersfield
September , 19 92 ,
NSAOPD
/s/ CAROL WILLIAMS
CITY CLERK of the City of Bakersfield
DEPUTY C~ty ~]~erk
ORIGII~L