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.
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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
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EXHIBIT "A"
Concurrent General Plan Amendment/
Zone Change Case No. P96-0777
Conditions of Approval/Mitigation Measures
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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
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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