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HomeMy WebLinkAboutORD NO 3578ORDINANCE NO. ~ ~ ~ 8 AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP 102-08 BY CHANGING THE ZONING OF 4.60 ACRES GENERALLY LOCATED AT THE NORTHWEST CORNER OF COFFEE ROAD AND OLIVE DRIVE FROM AN R-1 (ONE FAMILY DWELLING) ZONE TO A C-1 (NEIGHBORHOOD COMMERCIAL) ZONE ON 2.56 ACRES, A C-1 (NEIGHBORHOOD COMMERCIAL) ZONE TO AN R-1 (ONE FAMILY DWELLING) ZONE ON 1.85 ACRES, AND A C-1 (NEIGHBORHOOD COMMERCIAL) ZONE TO AN OS (OPEN SPACE) ZONE ON 0.19 ACRE, TO FACILITATE THE RECONFIGURATION OF ZONING DISTRICT BOUNDARIES WITHIN THE RIVERLAKES RANCH/UNIBELL SPECIFIC PLAN AREA. 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 at the northwest corner of Coffee Road and Olive Drive; and WHEREAS, by Resolution No. 65-93 on December 2, 1993, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve a zone change of the subject property from an R-1 (One Family Dwelling) zone to a C-1 (Neighborhood Commercial) zone on 2.56 acres, a C-1 (Neighborhood Commercial) zone to an R-I (One Family Dwelling) zone on 1.85 acres, and a C-1 (Neighborhood Commercial) zone to an OS (Open Space) zone on 0.19 acre, as delineated on attached Zoning Map No. 102-08 marked Exhibit "A", by this Council and this Council has fully considered the findings 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 determined the previous adopted Negative Declaration for Zone Change #5094 approved May 22, 1991, adequately addresses the impacts of the proposed zoning of the subject property from an R-1 (One Family Dwelling) zone to a C-1 (Neighborhood Commercial.) zone on 2.56 acres, a C-1 (Neighborhood Commercial) zone to an R-1 (One Family Dwelling) zone on 1.85 acres, and a C-1 (Neighborhood Commercial) zone to an OS (Open Space) zone on 0.19 acre, and the Council has considered said findings and all appe, ar 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, Commission and this Council; and ORiGI;-,!AL WHEREAS, the proposed zone change and the adequacy of the previous Negative Declaration was advertised and posted on November 5, 1993, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows commercial development; 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. That proposed Zone Change No. 5525 is consistent with the Metropolitan Bakersfield 2010 General Plan. the environment. The proposed zoning will not have a significant adverse effect on 5. Conditions of approval attached to the project as Exhibit "C" are included in the project to minimize and/or mitigate impacts, and to ensure that the density allowed by the general plan is not exceeded. NOW, THEREFORE, BE IT ORDA1NED by the Council of the City of Bakersfield as follows: All of the foregoing recitals are hereby found to be true and correct. 2. The previously adopted Negative Declaration for Zone Change 5094 approved May 22, 1991, adequately addresses the impacts of the proposed rezoning. 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 are shown on Zoning Map No. 102-08 marked Exhibit "A" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "B". 4. Such zone change is hereby made subject to the conditions of approval listed in attached Exhibit "C". 2 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. I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by th_e__CQu~ncj~f the City of Bakersfield at a regular meeting thereof held on ~.I~ u~ ~ , by the following vote: NOES: co,~ NCt,_b,"-, :~BERS ~,,~R~x',~,~ ...... ABSTAIN: COUNCILMEMBERS ABSENT; GOUNGILMEMBER~ ~;~ ~ ~'~ ~) CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVEEJr!~B 0 ~ m~, MAYOR of the City of Bakersfield APPROVED as to form: JUDY SKOUSEN ACTING CITY ATFORNEY of the City of Bakersfield res\o5525.cc DR:pit December 14, 1993 lilt rtl CiTY OF I~,KERSFIELD ZONING MAP SEC 08 T 29s LEGEND 102 EXHIBIT "B" Legal Description Zone Change 5525 EXISTING R-t TO C-I BEING ALL THAT PORTION OF SECTION 8, TOWNSHIP 29 SOUTH, RANGE 27 EAST, MOUNT DIABLO MERIDIAN, iN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 8, SAID POINT ALSO BEING THE CENTERLINE INTERSECTION OF COFFEE ROAD AND OLIVE: DRIVE, THENCE N 88°46'29" W, 390.00 FEET TO A POINT ON A 1750.00 FOOT RADIUS TANGENT CURVE CONCAVE NORTHERLY; THENCE NORTHWESTERLY AN ARC LENGTH OF 223.71 FEET ALONG SAID CURVE THROUGH A CENTRAL, ANGLE OF 07°19'28", SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE 1) CONTINUING NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05o25'24" AN AiRC DISTANCE OF 165.64 FEET; THENCE 2) N 13058'23" E, 55.00 FEET; THENCE 3) N 00°32'21" E, 316.85 FEET; THENCE 4) N 34004'59" W, 68.19 FEET; THENCE 5) N 00°32'21" E, 91.88 FEET; THENCE 6) N 40°16'50" E, 212.30 FEET; THENCE 7) N 67°03'15" E, 66.31 FEET; THENCE 8) S 00°32'21" W, 682.76 FEET; THENCE 9) S 08°32'59" W, ~6.61 FEET; CONTAINING 2.56 ACRES GROSS, MORE OR LESS. ORIGINAL Exhibit "B" Zone Change 5525 Page 2 EXISTING C-! TO R-1 BEING ALL THAT PORTION OF SECTION 8, TOWNSHIP 29 SOUTH, RANGE 27 EAST, MOUNT DIABLO MERIDIAN, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 8, SAID POINT ALSO BEING THE CENTERLINE INTERSECTION OF COFFEE ROAD AND OLIVE DRIVE, THENCE N 88046'29" W, 390.00 FEET TO A POINT ON A 1750.00 FOOT RADIUS TA/~GENT CURVE CONCAVE NORTHERLY; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 07019'28" AN ARC DISTANCE OF 223.71 FEET; THENCE N 08°32'59" E, 56.61 FEET; THENCE N 00°32'21" E, 682.76 FEET TO THE TRUE POINT OF BEGINNING; THENCE 1) N 00°32'21" E, THENCE 2) S 89°27'39" E, THENCE 3) S 00°32'21" 264.82 FEET; 466.00 FEET; 59.39 FEET; THENCE 4) N 89"27'39" W, 169.12 FEET; THENCE 5) S 00°32'21" W, 175.00 FEET; THENCE 6) N 89027'39" W, 226.85 FEET; THENCE 7) S 67~03'15" W, 76.35 FEET; CONTAINING 1.85 ACRES GROSS, MORE OR LESS. ORIGI~AL Exhibit "B" Zone Change 5525 Page 3 EXISTING C-t TO OS BEING ALL THAT PORTION OF SECTION 8, TOWNSHIP 29 SOUTH, RANGE 27 EAST, MOUNT DIABLO MERIDIAN, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE ALSO BEING THE DRIVE, THENCE BEGINNING; THENCE 1) THENCE 2) THENCE 3) THENCE 4) SOUTHEAST CORNER OF SAID SECTION 8, SAID POINT CENTERLINE INTERSECTION OF COFFEE ROAD AND OLIVE N 00°32'21" E, 965.87 FEET TO THE TRUE POINT OF N 89°27'39" W, 139.00 FEET; N 00°32'21" E, 59.39 FEET; S 89027'39" E, 139.00 FEET; S 00°32'21" W, 59.39 FEET; CONTAINING 0.19 ACRES GROSS, MORE OR LESS. EXHIBIT "C" Zone Change No. 5525 A comprehensive sign plan shall be approved by the Planning Commission for the C-I zoned property at the northwest corner of Coffee Road and Olive Drive prior to issuance of a building permit on that site. (This condition is in place through zone change 5094 for the remaining commercial corner and is therefore being carried through to this zone change.) Prior to further development, a Lot Line Adjustment or similar instrument shall be required to establish parcel boundaries consistent with the proposed zoning boundary configuration. (Prepared December 10, 1993 - DR) AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) SS. 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 11TH day of February, 1994 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No 3578, passed by the Bakersfield City Council at a meeting held on the 9th day of February, 1994, and entitled: Ordinance amending Title 17 and Zoning Map 102-08 by changing the zoning of 4.60 acres generally located at the northwest corner of Coffee Road and Olive Drive from an R-1 zone to a C-1 zone on 2.56 acres, a C-1 zone to an R-1 zone on 1.85 acres and a C-1 zone to an OS zone on .19 acres to facilitate the reconfiguration of zoning district boundaries within the Riverlakes Ranch/Unibell Specific Plan Area By: /s/ CAROL WILLIAMS City Clerk of the City of Bakersfield DEPUTY City Clerk