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"
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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