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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 res\o5558.cc 3 c£~i c-o c-~-I 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. p:5558.ca 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 ,"7