HomeMy WebLinkAboutORD NO 3623ORDINANCE NO. 3 S 2 3
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND ZONING
MAP 123-02 BY CHANGING THE ZONING OF 4.05
ACRES GENERALLY LOCATED AT THE SOUTHEAST
CORNER OF SOUTH REAL ROAD AND STATE ROUTE
58 FREEWAY ON-RAMP, WEST OF STATE ROUTE 99
FREEWAY FROM AN R-1 (ONE FAMILY DWELLING)
ZONE, AN R-2 (LIMITED MULTIPLE FAMILY
DWELLING) ZONE AND AN R-3 (LIMITED MULTIPLE
FAMILY DWELLING) ZONE TO A C-1
(NEIGHBORHOOD COMMERCIAL) ZONE.
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 southeast corner of South Real Road
and State Route 58 Freeway on-ramp, west of State Route 99 Freeway; and
WHEREAS, by Resolution No. 58-94 on November 3, 1994, 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, an R-2 (Limited Multiple Family Dwelling) zone, and an R-3
(Limited Multiple Family Dwelling) zone to a C-1 (Neighborhood Commercial) zone on
4.05 +- acres as delineated on attached Zoning Map No. 123-02 marked Exhibit "A", 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 an R-1
(One Family Dwelling) zone, an R-2 (Limited Multiple Family Dwelling) zone, and an
R-3 (Limited Multiple Family Dwelling) zone to a C-1 (Neighborhood Commercial)
zone on 4.05 -+ acres 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 was advertised and posted on May 13,
1994, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows commercial
development; and ~ ~"~g:'9~o
OR~GI/'.JAL
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. Based on an initial study, staff determined the proposed project will
not significantly affect the physical environment in the area and issuing a Negative
Declaration with mitigation is adequate.
4. The proposed zone change is consistent with the Metropolitan
Bakersfield 2010 General Plan.
5. Conditions of approval attached to the project as Exhibit "C", are
included in the project to provide mitigation of traffic impacts due to increased ADT
resulting from the 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.
2. The Negative Declaration is hereby approved and adopted.
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. 123-02 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".
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 .........
O~tGJNAL
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
,JAN 1 ! ~ , by the following vote:
AYES: COUNCILMEMBER DeMOND, CARSON, SMITH, NcDER~!OTT, ROWLES, ..... , SLAVAGGIO
NOES: COUNCILNE~4BER ~ ~t
ABSTAIN: COUNCILMEMBER -y~ ~q~
ABSENT: COUNCILMEMBER 'hA~
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED J/~1111~
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY SKOUSEN
CITY ATTORNEY
LAURA C. MARINO
ASSISTANT CITY ATTORNEY
DR:pjt
November 14, 1994
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CITY OF BAKERSFIELD
ZONING MAP 123-0£
SEC 02 T 30s R 27E
LEGEND
EXHIBIT "B"
Legal Description
Zone Change No. 5558
BEING A CONSOLIDATION OF LANDS IN THE CITY OF BAKERSFIELD,
DESCRIBED IN GRANT DEED RECORDED MAY 20, 1971, IN BOOK 4527, PAGE
815, AND GRANT DEED RECORDED JUNE 16, 1982, IN BOOK 5466, PAGE 556.
BOTH OF OFFICIAL RECORDS, RECORDED IN THE KERN COUNTY RECORDER'S
OFFICE, COUNTY OF KERN, STATE OF CALIFORNIA. ALSO BEING IN A
PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 2, TOWNSHIP 30 SOUTH, RANGE 27 EAST, M.D.M., IN THE CITY OF
BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 2;
THENCE (1)
S 00035'34" W, ALONG THE WEST LINE OF SAID
NORTHEAST QUARTER OF THE NORTHEAST QUARTER, A
DISTANCE OF 575.00 FEET;
THENCE (2)
PARALLEL TO THE NORTH LINE OF SAID NORTHF_JkST
QUARTER N 89004'00" W, 45.00 FEET TO THE TRUE
POINT OF BEGINNING, ALSO BEING ON THE
SOUTHERLY RIGHT OF WAY LINE OF STATE ROUTE 58
FREEWAY AS IT NOW EXISTS;
THENCE (3)
ALONG SAID SOUTHERLY RIGHT OF WAY LINE,
S 89004'00" E, A DISTANCE OF 275.00 FEET;
THENCE (4
THENCE 5
S 77°30'41" E, A DISTANCE OF 159.60 FEET;
S 76001'43" E, 252.62 FEET TO THE BEGINNING OF
A 350.00 FOOT RADIUS TANGENT CURVE, CONCAVE
SOUTHWESTERLY;
THENCE
SOUTHEASTERLY ALONG SAID CURVE, THROUGH A
CENTRAL ANGLE OF 48058'58", AN ARC DISTANCE OF
299.22 FEET TO THE SOUTH LINE OF THE LAND
DESCRIBED AS PARCEL 3 IN DEED TO THE STATE OF
CALIFORNIA, RECORDED JUNE 1, 1960, IN BOOK
3271, AT PAGE 486 OF KERN COUNTY OFFICIAL
RECORDS;
THENCE
ALONG SAID SOUTH LINE, N 88°52'11" W, A
DISTANCE OF 289.27 FEET TO THE EAST LINE OF
THE WEST HALF OF SAID NORTHEAST QUARTER OF THE
NORTHEAST QUARTER;
ORIGINAL
Legal Description - Zone Change 5558 (continued)
THENCE (8)
ALONG SAID EAST LINE, S 00°36'17" W, 27.40
FEET TO THE NORTHEAST CORNER OF TRACT NO.
1334, PER MAP RECORDED SEPTEMBER 10, 1946, IN
BOOK 5 OF MAPS AT PAGE 173 IN THE OFFICE OF
THE KERN COUNTY RECORDER;
THENCE (9)
THENCE (10)
ALONG THE NORTH LINE OF SAID TRACT NO. 1334,
N 88°52'18', W, 341.77 FEET TO THE WEST LINE OF
THE LAND DESCRIBED IN DEED TO SUPERIOR OIL
COMPANY, RECORDED MAY 31, 1950, IN BOOK 1643,
AT PAGE 368 OF KERN COUNTY OFFICIAL RECORDS;
ALONG SAID WEST LINE, N 00~35'34" E, 105.98
FEET;
THENCE (11)
THENCE (12)
DEPARTING SAID WEST LINE AND PARALLEL WITH THE
NORTH LINE OF SAID NORTHEAST QUARTER OF THE
NORTHEAST QUARTER, N 89°04'00" W, A DISTANCE
OF 291.45 FEET TO THE EASTERLY RIGHT OF WAY
LINE OF REAL ROAD AS IS NOW EXISTS;
ALONG SAID EASTERLY LINE, N 07°27'47" E,
137.54 FEET;
THENCE (13)
N 00~35'34" E, 48.35 FEET TO THE TRUE POINT OF
BEGINNING;
CONTAINING 4.05 ACRES.
-2-
EXHIBIT "C"
Zone Change No. 5558
Conditions of Approval
Public Works Department:
Prior to occupancy of the commercial development, a north to east right turn lane at South Real
Road and Highway 58 shall be in place and operational. A permit from CalTrans may be
required.
Prior to occupancy, a right turn lane, east to south, shall be striped at the Stockdale Highway and
South Real Road intersection as an interim measure until the modification of the intersection is
completed with 3 lanes eastbound and 3 lanes westbound.
Emergency vehicle access, if required, shall be developed to connect with Elcia Street. Any access
road developed shall be gated and closed to non-emergency pedestrian and vehicular traffic. The
City Engineer and Fire Department shall determine the need for emergency access at the site plan
review stage of development.
Per the traffic study conclusions, the development shall pay a proportional share of the cost to
reconfigure the intersection of Stockdale Highway and South Real Road. The change is to
increase lraffic lanes on Stockdale to three in each direction and modify the traffic signal. The
traffic study calculates a proportional share of 2.9 percent.
A convenience traffic signal, on South Real Road, for the development may be constructed by the
developer with interconnection to the existing traffic signals at South Real and Hwy 58 and at
Stockdale Hwy and South Real. Traffic signal installation will require permits from CalTrans for
those portions within the State right of way. If a traffic signal is not constructed, left turns west to
south will be prohibited. Developers share is 100 percent.
Prior to occupancy, a north to east right turn deceleration lane into the site shall be constructed
and a left turn lane south to east into the site shall be constructed. Additional paving on South
Real Road may be required to accommodate the additional turn lanes.
If at the time of development a traffic signal is proposed to serve the project, then a maintenance
district shall be formed over the zone change area to pay for the annual operation and
maintenance costs of the traffic signal prior to approval of the traffic signal construction plans.
The traffic study and resulting impacts identified above are based on projections of commercial
square footage and uses stated in the traffic study, while the zoning proposed could allow more
commercial square footage than stated. The stated commercial square footage is 43,500 square
feet of retail commercial generating 4302 average daily trips. Should an increase or decrease of
more than 5% in the traffic generation be proposed for any specific project within the project
area, then a review and possible revision to the traffic study and resulting mitigation shall be
required at the discretion of the City Engineer.
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ORIGINAL
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 13th day of January, 1995
she posted on the Bulletin Board at City Hall, a full, true and
correct copy of the following: Ordinance No. 3623, passed by the
Bakersfield City Council at a meeting held on the 11th day of
January, 1995, and entitled:
ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL COCEAND ZONING MAP 123-
02 BY CHANGING THE ZONING OF 4.05 ACRES
GENERALLY LOCATED AT THE SOUTHEAST CORNER OF
SOUTH REAL ROAD AND STATE ROUTE 58 FREEWAY ON-
RAMP, WEST OF STATE ROUTE 99 FREEWAY FROM AN
R-1 ZONE, AN R-2 ZONE AND AN R-3 ZONE TO A C-1
ZONE
By:
/s/ CAROL WILLIAMS
City Clerk of the City of Bakersfield
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