The URL can be used to link to this page

Home My WebLink AboutORD NO 3650ORDINANCE NO. 8 6 5 0 AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP 102-19 BY CHANGING THE ZONING OF 7.2 _ ACRES GENERALLY LOCATED WEST OF CALLOWAY DRIVE BETWEEN ROSEDALE HIGHWAY AND MEACHAM ROAD FROM ESTATE ONE FAMILY DWELLING TO REGIONAL COMMERCIAL. 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 west of Calloway Drive between Rosedale Highway and Meacham Road; and WHEREAS, by Resolution No. 16-95 on April 6, 1995, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 5604 to Regional Commercial zone as delineated on attached Zoning Map No. 102-19 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 with mitigation measures and changes in zoning of the subject property from Estate to Regional Commercial zone 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 mitigation was advertised and posted on March 10, 1995, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows Commercial development subject to approval of GPA 1-95, Segment IV; 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. Based on the Initial Study and comments received, staff has determined that the proposed project could not have a significant effect on the environment. A Negative Declaration with mitigation measures was advertised and posted on March 10, 1995, in accordance with CEQA. 4. The public necessity, general welfare and good zoning practice justify the proposed change. 5. The proposed zone change is consistent with the Metropolitan Bakersfield 2010 General Plan, with the approval of GPA 1-95, Segment IV. 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 with mitigation measures 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. 102-19 marked Exhibit "B" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "C". 2 4. Such Zone Change No. 5604 is hereby made subject to the mitigation measures listed in attached Exhibit "A" and subject to approval of GPA 1-95, Segment IV. 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 J[l~l 1 4 ~ , by the following vote: AYES; COUNCILMEMBER DeMOND, CARSON, SMITH, McDERMO3q', F~1!~, CHOW, SALVAGGIO NOES: COUNCILMEMBER ,A/O/TP' ABSTAIN: COUNCILMEMBER ~2~ ~j/_~y ABSENT: COUNCILMEMBER APPROVF~D JUN I 4 1905 MAYOR of the City of Bakersfield CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED as to form: JUDY SKOUSEN CITY ATFORNEY ASSISTANT CITY ATFORNEY MO:pjt April 7, 1995 res\o5604.cc 3 EXHIBIT "A" Zone Change No. 5604 Recommended Mitigation Measures Prior to the submittal of an al~plication for a site t~lan review, unconditional "will serve" letters shall be provided from the appropriate entities indicating a commitment to furnish water and sewer services for the type of development proposed. The applicant shall comply with the following traffic/circulation mitigation measures and said measures shall be incorporated into the design of any future development: Development will contribute its fair share, as determined by City Public Works Department toward: 1) The installation of traffic signals at the following intersections: a) b) c) d) e) Hageman Road and Calloway Drive Mcacham Road and Calloway Drive Rosedale Highway and Jewetta Avenue Rosedale Highway and Verdugo Lane Palm Avenue and Calloway Drive Brimhall Road and Calloway Drive 2) Upgrading of the traffic signal at the intersection of Rosedale Highway and Calloway Drive. 3) Installation of additional travel lanes in both directions on Rosedale Highway between Jewetta Avenue and Coffee Road. At the existing signalized intersection of commercial driveway and Calloway Drive, the applicant shall: 1) Reconstruct the existing commercial driveway to provide for dual left turn lanes. Reconstruction of the driveway may include modification of the existing parking lot to avoid '~oottleneck" and "cross-over" situations. 2) Install a southbound left turn lane and phase at Calloway Drive. Construct a "worm type" left turn pocket at the project entrance for northbound traffic on Calloway Drive should such a turn be permitted. Prior to consideration of a site plan review proposal, the applicant shall contribute to Caltrans project's proportional fair share cost of the construction of a westbound right turn lane from Rosedale Highway onto Calloway Drive. The proportional fair share shall be determined based on the total expected westbound right turning movements to be generated by the development of this project as compared to existing traffic levels. In no case shall the project applicant be held responsible for more than 25 percent of the total cost of this recommended improvement. Additional traffic studies and improvements may be required in conjunction with the submittal of site plan review plans, when more specific site development is proposed which may result in changes to these required mitigation measures. ,. ~ p:5604.ai CITY OF BAKERSFtELD ZONING MAP 102-19 SEC. 19 T 29s R 27[ LEGEND I1 EXHIBIT "C" Zone Change No. 5604 Being a portion of land within the northeast quarter of the southeast quarter of Section 19, Township 29 south, Range 27 east, M.D.B.&M. in the County of Kern, State of California more particularly described as follows: Commencing at the east quarter of said Section 19; Thence along the east line of said Section 19, South 00006'37" east, a distance of 848.03 feet; Thence south 89053'23" west, a distance of 30.00 feet, to the True Point of Beginning; Thence continuing south 89053'23" west, a distance of 640.59 feet; Thence south 00005'39" east, a distance of 486.85 feet; Thence north 89059'20" east, a distance of 640.73 feet; Thence north 00006'37" west, a distance of 487.96 feet, to the Point of Beginning. Containing 7.2 acres. p:5604zc.ec AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) SSo 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 16th day of June, 1995 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3650, passed by the Bakersfield City Council at a meeting held on the 14th day of June, 1995, and entitled: AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP 102- 19 BY CHANGING THE ZONING OF 7.2 +/- ACRES GENERALLY LOCATED WEST OF CALLOWAY DRIVE BETWEEN ROSEDALE HIGHWAY AND MEACHAMROAD FROM ESTATE ONE FAMILY DWELLING TO REGIONAL COMMERCIAL By: /s/ CAROL WILLIAMS City Clerk of the City of Bakersfield