HomeMy WebLinkAboutORD NO 4025ORDINANCE NO. 4 0 ~ 5
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO.
101-35 BY CHANGING THE ZONING FROM A (AGRICULTURE)
ZONE TO AN E (ESTATE) ZONE ON 20 ACRES, GENERALLY
LOCATED SOUTH OF BRIMHALL ROAD, WEST OF JENKINS
ROAD. (ZC # P01-0334). (Ward 4)
WHEREAS, in accordance with the procedure set forth in the provisions of Title 17
of the Bakersfield Municipal Code of the City of Bakersfield, the Planning Commission held a public
hearing on a petition to change the land use zoning of those certain properties in the City of
Bakersfield or being annexed to the City of Bakersfield, generally located south of Brimhall Road,
west of Jenkins Road; and
WHEREAS, by Resolution No. 94-01 on June 28, 2001, the Planning Commission
recommended approval and adoption of an ordinance amending Title 17 of the Bakersfield
Municipal Code to approve E (Estate) zone as described in Exhibit "A" attached hereto and
delineated on attached Zoning Map No. 101-35 marked Exhibit"B", to this Council and this Council
has fully considered the recommendations made by the Planning Commission as set forth in that
Resolution; and
WHEREAS, the Planning Commission, as a result of said hearing, did make several
general and specific findings of fact which warranted a change in zoning of the subject property
from A (Agriculture) to an E (Estate) zone and the Council has considered said findings and all
appear to be true and correct; and
WHEREAS, for the above-described project, it was determined that CEQA does not
apply to the proposed project since amending the City's Zoning map for consistency with the
previously adopted County changes does not have any potential to cause significant adverse
environmental impacts, and a Notice of Exemption pursuant to Section 15061 (b) (3) (General
Rule) of CEQA Guidelines has been completed; and
WHEREAS, the law and regulations relating to the preparation and adoption of the
Notice of Exemption, as set forth in CEQA, have been duly followed by city staff, the Planning
Commission and this Council; and
WHEREAS, the City Council has considered the project proposal and hereby makes
the following findings:
1. All above recitals are true and correct.
2. All required notices have been given.
The project is exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15061 (b)(3) of the CEQA Guidelines (General Rule);
10.
as follows:
1.
The public necessity, general welfare and good zoning practice justify the
recommended change of zone to E (Estate) zone on 20 acres generally located
along the south side of Brimhall Road, west of Jenkins Road.
The project site, with prior approval of General Plan Amendment No. P01-0285 as
recommended by the Planning Commission on June 28, 2001, is designated SR
(Suburban Residential) on the Metropolitan Bakersfield 2010 General Plan Land
Use Plan.
The recommended Zone Change No. P01-0334 will reflect the previously adopted
General Plan Amendment No. P01-0285.
The recommended zone change is compatible with the surrounding uses.
The recommended zone change is consistent with the Metropolitan Bakersfield
2010 General Plan, subject to prior approval of General Plan Amendment P01-
0285.
That Section 17.06.020 (Zoning Map) of the Municipal Code of the City of
Bakersfield is recommended by the Planning Commission for amendment by
changing the land use zoning to an E (Estate) zone on 20 acres generally located
along the south side of Brimhall Road, west of Jenkins Road.
That Zone Change No. P01-0334, as outlined above, has been recommended by
the Planning Commission for approval, subject to prior approval of General Plan
Amendment No. P01-0285.
SECTION 1.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield
The above recitals and findings are true and correct and constitute the findings of
the City Council in this matter.
That Zone Change P01-0334 is hereby approved to E (Estate) zone.
That Section 17.06.020 (Zoning Map) of the Municipal Code of the City of
Bakersfield be amended by changing the land use zoning to an E (Estate) zone on
20 acres as shown on Map No. 101-35 attached hereto as Exhibit "B", of that
certain property being annexed to the City of Bakersfield as described in Exhibit
attached hereto.
That Zone Change No. P01-0334, as outlined above, is hereby approved, subject
to prior approval of General Plan Amendment No. P01-0285.
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.
......... 000 ........
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 ,~FP
by the following vote: '
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, GREEN, SULLIVAN, SALVAGGIO
COUNClLMEMBER i'J(~
COUNCILMEMBER i~ ~5 K) ~-
COUNClLMEMBER c. Jc)~ .c.
CITY CLERK and Ex Officio Cler~;/f tl~e
Council of the City of Bakersfield L/
APPROVED SEP 5 2001
MAYOR of the City of Bakersfield /
APPROVED aS to form:
BART THILTGEN
City Attorney
Exhibits:
A. Zone Map No. 101-35.
B. Legal Description
S:\GPA 2nd Qtr 2001~Zone Change P01-334\Ord, cc.wpd
July 12, 2001
SOPER E[OMES
EXHIBIT "A'
The west half of the Northeast Quarter of the Northwest Quarte~ of Section 35, Township
29 South, Range 26 East, M.D.M., in the unincorporated area of Kern County, State of
California.
EXHIBIT "B"
Map
ZONE CHANGE P01-0334
E
E.5
E,S
E.S
E
26
A
i
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SS.
County of Kern )
PAMELA A. McCARTHY, 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 6th day of September , 2001 she posted on the Bulletin Board at
City Hall, a full, true and correct copy of the following: Ordinance No. 4025 , passed by
the Bakersfield City Council at a meeting held on the 5th day of September 2001
and entitled:
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD
MUNICIPAL CODE AND ZONING MAP NO. 101.35 BY CHANGING THE ZONING FROM
A (AGRICULTURE) ZONE TO AN E (ESTATE) ZONE ON 20 ACRES, GENERALLY
LOCATED SOUTH OF BRIMHALL ROAD, WEST OF JENKINS ROAD (P01-0334)
Is/PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
S:\Docu ment\FORMS~AOP.ORD.wpd
September 6, 2001