HomeMy WebLinkAboutORD NO 3541ORDINANCE NO..3 5"~ ~
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND CITY
ZONING MAP 102-30 BY PREZONING PROPERTY
LOCATED WEST OF JEWETTA AVENUE
APPROXIMATELY 800 FEET NORTH OF BRIMHALL
ROAD KNOWN AS BRIMHALL NO. 3 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, FEBRUARY 4, 1993, to consider zoning certain
property proposed for annexation to said City, known as BRIMHALL NO. 3
ANNEXATION, and made several general and specific findings of fact which warranted
a negative declaration of environmental impact; and
WHEREAS, Brimhall No. 3 Annexation prezoning area comprises
approximately 20 +- 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. 7-93 on Thursday, February 4, 1993, the
Planning Commission recommended approval and adoption of an ordinance amending
Title 17 of the Municipal Code to approve Prezoning No. 5300 to City R-1 18,000 (One
Family Dwelling- minimum lot size 18,000 square feet) and RS 10A (Residential
Suburban 10 Acres minimum) zones, with conditions 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 conditions was advertised and
posted on January 5, 1993, in accordance with CEQA; and
WHEREAS, the City Council has set a public hearing for WEDNESDAY,
MAY 26, 1993, to consider the appeals; and
WHEREAS, the City has heard and considered all testimony, written and
presented at the public hearing on WEDNESDAY, MAY 26, 1993; and
ORIG'iN,[L
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 project as mitigated will not have a significant adverse effect
on the environment.
4. Proposed Prezoning No. 5300 would be compatible with future and
existing development on the surrounding properties; and
5. Proposed Prezoning designations are consistent with the Metropolitan
Bakersfield 2010 General Plan.
6. The California State Legislature enacted Senate Bill 1287 that preempts
the City's ability to impose mitigation above and beyond the $1.65 per square foot for
residential fee plus the additional $1.85 per square foot imposed by the school districts.
7. The proposed prezoning will not have a significant effect on school
districts.
8. The proposed prezoning is consistent with GPA 2-91, Segment VIII
which specifies an 18,000 square foot minimum lot size for the site.
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.
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ORIGINAL
3. That Title Seventeen of the Bakersfield Municipal Code of the City of
Bakersfield and City Zoning Map No. 102-30 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 west of Jewetta Avenue, 800 feet north of Brimhall Road
contiguous to the boundary of the City of Bakersfield known as the BRIMHALL NO. 3
ANNEXATION, upon the annexation of said property to the City of Bakersfield, subject
to the conditions attached in Exhibit "A", 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 "C".
SECTION 2.
This ordinance shall be posted in accordance with the Bakersfield
Municipal Code and shall become effective 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
JUN 0 $ 1,.q9~ , by the following vote:
AYES: COUNCILMEMbERS: EDWARDS, DeMOND. S~IiTH. DRUNNI. KANE, McOERMOTT SALVAGGIO
NOES: COUNCILMEMBERS
ABSENT COUNCILMEMBERS:
ABSTAIN COUNCILMEMBERS'
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
JUN 0 O ~93
APPROVED_
MAYOR of the City of Bakersfield
APPROVED as to form:
LAWRENCE M. LU~qARDINI
CITY ATTORNEY of the City of Bakersfield
MO:pjt
June 1, 1993
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EXHIBIT "A"
Conditions of Approval
Prezoning No. 5300
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. The R-1 18,000 zone shall have an 18,000 square foot minimum lot size.
The applicant shall enter into an agreement with the city to indemnif~ and defend
it against a challenge to any action of the city upon the application.
Prior to the issuance of a building permit within the project area, a minimum of
$3.48 per square foot of assessable space shall be paid for the purpose of
providing school facilities.
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PREZONING 5800
BRIMHALL --8 ANNEXATION
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EXHIBIT 'C'
PREZONING NO. 5300
BRIMI~J~LL NO. 3 ANNEXATION
COUNTY E (10) R S {ESTATE - 10 ACRE RESIDENTIAL SUBURBAN) ZONE TO
CITY R-1 18,000 tONE FAMILY DWELLING - MINIM%7M LOT SIZE 18,000
SOUARE FEET) ZONE
PARCEL 1:
The North 1/2 of the North 1/2 of the southwest 1/4 of the
southwest 1/4 of Section 30, Township 29 South, Range 27 East, M.
D. M., Kern County, California, according to the official plat
thereof.
Excepting the public road right of way for Jewetta Avenue.
Containing 9.70 acres (+-)
PARCEL 2:
The West 750 feet of the North 102 feet of the South 1/2 of the
southwest 4/4 of the southwest 1/4 of said Section 30 according to
the officlal plat thereof.
Excepting the public road right of way for Jewetta Avenue.
Containing 1.69 acres
COUNTY E (10) R S {ESTATE - 10 ACRE RESIDENTIAL SUBURBAN) ZONE TO
CITY R S 10 A {RESIDENTIAL SUBURBAN, 10 ACRES MINIMUM) ZONE
The South 1/2 of the North 1/2 of the Southwest 1/4 of the
Southwest 1/4 of said Section 30. According to the official plat
thereof.
Excepting the public road right of way for Jewetta Avenue.
Containing 9.70 acres (+-)
OqtGiNAL
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
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 14th day of June,
1993 she posted on the Bulletin Board at City Hall, a
and correct copy of the following: Ordinance No. 3541,
the Bakersfield City Council at a meeting held on the
June, 1993, and entitled:
full, true
passed by
9th day of
By:
/s/ CAROL WILLIAMS
City Clerk of the City of Bakersfield