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HomeMy WebLinkAboutORD NO 3769ORDINANCE NO. 3 7 6 9 AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP 103-31 BY CHANGING THE ZONING OF 1.9 ACRES GENERALLY LOCATED ON THE EAST SIDE OF PERSHING STREET BETWEEN CALIFORNIA AVENUE AND 10TH STREET. 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 a petition to change the land use zoning of those certain properties in the City of Bakersfield generally located on the east side of Pershing Street between California Avenue and 10th Street; and WHEREAS, by Resolution No. 24-97 on March 20,1997, the Planning Commission racommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve a change from R-4 (Limited Multiple Family Dwelling - 600 square feet lot area per dwelling unit) to C-2 (Regional Commercial) zoning as delineated on attached Zoning Map No. 103-31 marked Exhibit "B", by 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 negative declaration of environmental impact and changes in zoning of the subject property from Limited multiple Family Dwelling to Regional Commercial, and the Council has considered said findings and all appear to be true and correct; 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, a Negative Declaration with mitigations was advertised and posted on February 21, 1997 in accordance with CEQA; and WHEREAS, the general plan designation for this area allows General Commercial development, subject to approval of General Plan Amendment Case no. P96-0777; and WHEREAS, the City Council has considered and hereby makes the following findings: 1. All required notices have been given. 2. The provisions of the California Environmental Quality Act (CEQA) have been followed. 3. The proposed project will not have a significant effect on the environment. 4. Conditions of approval as shown on Exhibit "A" are included in the project to mitigate impacts. 5. The proposed zoning classification is compatible with existing and projected zoning and land uses in the surrounding vicinity. 6. The proposed type and intensity of development is consistent with surrounding patterns of residential and commercial land uses. 7. Site plan review of future commercial development on the site will assure the inclusion of adequate design measures to address compatibility concerns with neighboring residential development. 8. The proposed zoning is consistent with the level of circulation access and public services presently available in the area. 9. Based on the absence of evidence in the record as required by Section 21082.2 of the State of California Public Resources Code (CEQA) for the purpose of documenting significant effects, it is the conclusion of the Lead Agency that this project will result in impacts that fall below the threshold of significance with regard to wildlife resources and, therefore, must be granted a "de minimis" exemption in accordance with Section 711 of the State of California Fish and Game Code. Additionally, the assumption of adverse effect is rebutted by the above-referenced absence of evidence in the record and the Lead Agency's decision to prepare a Negative Declaration for this project. SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: All of the foregoing recitals are hereby found to be true and correct. The Negative Declaration is hereby approved and adopted. 2 3. Section 17.06.020 (Zoning Map) of the Municipal Code of the City of Bakersfield be and the same is hereby amended by changing the land use zoning of that certain property in said City, the boundaries of which property is shown on Zoning Map No. 103-31 marked Exhibit "B" attached hereto and made a part hereof, and more specifically described in attached Exhibit "C". 4. Such zone change is hereby made subject to the conditions of approval listed in attached Exhibit "A", subject to approval of GPA P96-0777. SECTION 2. This ordinance shall be posted in accordance with provisions of the Bakersfield Municipal Code and shall become effective 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 MAY 2 ! 1997 , by the following vote: AYES: COUNCILMEMBE~ DeMOND, CARSON, ~, McDERUOU', ROWLES, SULLIVAN, SALVAGG~O NOES: COUNC~LMEM~R ~. ~ ~ ~ ~UNCI~EMBER ~-~' ~~ CITY CLERK and Ex Officio C~rk of the Council of the City of Bakersfield APPROVED MAY 2 ! 1997 BOI~PRICE MAYOR of the City of Bakersfield 3 APPROVED as to form: JUDY SKOUSEN CITY ATTORNEY res\oz0777-cc MJM/pjt April 24, 1997 4 EXHIBIT "A" Concurrent General Plan Amendment/ Zone Change Case No. P96-0777 Conditions of Approval/Mitigation Measures 2 The developer shall be required to contribute to the Phase II, Regional Traffic Impact Fee (RTIF), based upon the actual developed uses per the adopted fee schedule. These fees have been established by Council as minimum mitigation for build out of the General Plan. Additional impacts were identified in the traffic study, the developer shall be required to pay his share of the improvements listed below based upon an approved engineer's estimate of the costs. 2.1 Pay the proportionate share of upgrading the intersection (through striping and/or widening as appropriate) of Brundage Lane at Union Avenue to add a west bound to south bound left turn lane and a south bound to west bound right turn lane. The proportionate share is 2.7%. 2.2 Pay the proportionate share of upgrading the intersection (through striping and/or widening as appropriate) of California Avenue at Chester Avenue to add a south bound through lane and west bound to south bound left turn lane. The proportionate share is 0.5%. No development within the subject site shall be permitted without the prior submittal and approval of a Planned Commercial Development (P.C.D.) application pursuant to Section 17.54 of the Bakersfield Municipal Code. MJM:pjt Apdl 1, 1997 p:g0777-ea PCD REQUIRED CITY OF BAKERSFIELD ZONING MAP 103-31 LEGEND EXHIBIT "C" Legal Description Zone Change Case No. P96-0777 FROM R-4 (LIMITED MULTIPLE-FAMILY RESIDENTIAL) TO C-2 IREGIONAL COMMERClALI: LOTS 14 TO 22, INCLUSIVE, IN BLOCK 2 OF CALIFORNIA AVENUE PARK TRACT NO. 2, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, AS PER MAP RECORDED MARCH 30, 1925 IN BOOK 3 OF MAPS, PAGE 115, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID 14; THENCE S 89° 45' 00" E ALONG THE NORTH LINE OF SAID LOT 14, A DISTANCE OF 150.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 14; THENCE S 00° 12' 00" W, A DISTANCE OF 549.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 22; THENCE N 89° 45' 00" W ALONG THE SOUTH LINE OF SAID LOT 22, A DISTANCE OF lS0.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 22; THENCE N 00° 12' 00" E, A DISTANCE OF 549.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 1.89 ACRES MORE OR LESS p:g0777-ec AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA ) 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 27th day of May, 1997 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3769, passed by the Bakersfield City Council at a meeting held on the 21st day of May, 1997, and entitled: Ordinance amending Title Seventeen of the Bakersfield Municipal Code and Zoning Map 103-31 by changing the zoning of 1.9 acres generally located on the east side of Pershing Street between California Avenue and 10th Street. Is/ PAMELA A. McCARTHY City Clerk ofthe City of Bakersfield