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HomeMy WebLinkAboutORD NO 3511ORDINANCE NO. 3 ~_ ]. ~ AN ORDINANCE AMENDING SECTION 17.06.020 OF CHAPTER 17.06 (ZONING MAP) OF THE BAKERSFIELD MUNICIPAL CODE AND CITY ZONING MAP NO. 101-24 BY PREZONING PROPERTY LOCATED SOUTH OF HAGEMAN ROAD BETWEEN OLD FARM ROAD AND JEWETTA AVENUE KNOWN AS HAGEMAN NO. 1 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, JANUARY 7, 1993, to consider zoning certain property proposed for annexation to said City, known as HAGEMAN NO. 1 ANNEXATION, and made several general and specific findings of fact which warranted a negative declaration of environmental impact; and WHEREAS, Hageman No. 1 Annexation prezoning area comprises 39 __ acres of land contiguous to the boundary of the City of Bakersfield, as shown on the attached map marked Exhibit "A"; and WHEREAS, by Resolution No. 3-93 on January 7, 1993, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Prezoning No. 5410 to E (Estate) zone, with conditions of approval (Exhibit "B") 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's CEQA Implementation Procedures, 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 December 11, 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 proposed project could not have a significant effect on the environment. A Negative Declaration with mitigation was advertised and posted on December 11, 1992, in accordance with CEQA. 3. Proposed Prezoning designations are consistent with the Metropolitan Bakersfield 2010 General Plan. 4. Proposed Prezoning No. 5410 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. 101-24 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 Hageman Road between Old Farm Road and Jewetta Avenue contiguous to the boundary of the City of Bakersfield known as the HAGEMAN NO. 1 ANNEXATION, upon the annexation of said property to the City of Bakersfield, subject to the conditions of approval in Exhibit "B", the zoning designations and boundaries of which property are shown on the map marked Exhibit "A", 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. .......... O00 .......... 2 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 __ ~ 0 II '~,q3 , by the following vote: AYES: COUNCILMEMBERS: EDWARD.~, DeMOND. SMITH. BRUN~','I, KANE, McOERMOTT~ $ALVAGGIO NOES: COUNCILMEMBERS _ ABSENT COUNCILMEMBERS: ABSTAIN COUNCILMEMI~ERS' CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED BOB PRICE MAYOR of the City of Bakersfield APPROVED as to form: LAWRENCE M. LUNARDINI CITY ATTORNEY of the City of Bakersfield pit Attachments - Exhibits "A" - "C" res\oh 1.cc 3 ORIGINAL CT CITY OF BAKERSFIELD ZONING MAP 101-24 SEC 24 T295 R26£ LEGEND EXHIBIT "B" Conditions of Approval Prezoning No. 5410 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) p:5410.ex OFIIOINAL COUNTY E 1/4 EXHIBIT "C" PREZONING NO. 5410 (ESTATE 1/4 ACRE MINIMUM LOT SIZE) TO CITY E (ESTATE) ZONE ZONE Those portions of the Northeast 1/4 of Section 24, T. 29 S., R. 26 E., M.D.M., Kern County, California, more particularly described as follows: All of Lots 1 through 121 as lots are shown on map of Tract No. 4885 filed for record in Book 38 of Maps, Page 118 in the office of the Kern County Recorder. Containing 29.10 Acres Net ± 0:11593 ORIGINAL AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) SSo County of Kern ) CAROL WILLIAMS, bein~ 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 March, 1993, she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3511, passed by the Bakersfield City Council at a meeting held on the 3rd day of March, 1993, and entitled: By: /s/ CAROL WILLIAMS City Clerk of the City of Bakersfield