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
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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