HomeMy WebLinkAboutRES NO 67-93RESOLUTION NO. 67-93
A RESOLUTION SETTING FORTH THE DECISION OF
THE CITY COUNCIL FOR AN APPEAL ON PREZONING
NO. 5300 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 2.5A (Residential
Suburban 2.5 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 Schools Legal Service representing the Kern High School
District and the Rosedale Union School District has appealed the decision of the
Planning Commission for the impacts the project will have on the school districts; and
WHEREAS, Telstar Engineering, Inc. has appealed the decision of the
Planning Commission for the conditions of approval for the R-I 18,000 square foot
minimum lot size and R-S-10A; and
WHEREAS, the City Clerk did set a public hearing for WEDNESDAY,
MAY 26, 1993, to consider the appeals; and
WHEREAS, the City Council has heard and considered all testimony,
written and presented at the public hearing on WEDNESDAY, MAY 26, 1993; 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 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 that may be 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.
9. In response to the concerns of the Schools Legal Service representing
the Kern High School District and the Rosedale Union School Dustrict regarding the
issue of development impacts on the school districts, the Council adopted the Ordinance
with mitigation as suggested by Schools Legal Service.
WHEREAS, the City Council has determined after due consideration of
said petition and the recommendations of the Planning Commission, herein on file,
together with the reasons advanced at the hearing for changes in zoning of said
properties, that said zoning should be authorized upon annexation of said property to
the City.
NOW, THEREFORE, BE IT RESOLVED 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. 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 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".
ORtGiN/~L
! HEREBY CERTIFY that the foregoing Resolution was passed and
adopted bv the Council of the City of Bakersfield at a regular meeting thereof held on
g~¥ 2 $ Lq~ , by the following vote:
AYES: COUNCILMEMBERS: EDWARDS, DeMOND. SMITH, BRUNNI, KANE, McDERMOTT SALVAGGtO
NOES COUNCILMEMBERS ~Ot3~
ABSENT COUNCILMEMBERS: {~J.O 13 ~
ABSTAIN COUNCILMEMBERS' ____t~[ 0 n ~
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED_~AY 2 6 199~
BOB PRICE
MAYOR of the City of Bakersfield
APPROVED as to form:
LAWRENCE M. LUNARDINI
CITY ATTORNEY of the City of Bakersfield
MO:pjt
June 16, 1993
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OR1Gikt~,L
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-I 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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CITY OF BAKERSFIELD
ZONING MAP 102-30
SEC 30 ~ 29s R 27£
LEGEND