The URL can be used to link to this page

Home My WebLink AboutORD NO 3884ORDINANCE NO. 3 8 ~3 z~ AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 102-31 BY PREZONING 3.08 ACRES GENERALLY LOCATED SOUTHWEST OF BRIMHALL ROAD AND CALLOWAY DRIVE 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 prezone those certain properties in the City of Bakersfield generally located southwest of Brimhall Road and Calloway Drive WHEREAS, by Resolution No. 147-98 on December 17, 1998, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve a prezoning from One Family Dwelling (6,000 square feet lot size ) to Regional Commercial zoning as delineated on attached Zoning Map No. 102-31 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 and prezoning of the subject property from One Family Dwelling (6,000 square feet lot size) to(Regional Commercial) zoning 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 mitigations was advertised and posted on October 30, 1998, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows General Commercial development, subject to approval of General Plan Amendment No. P98- 00833; 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, The proposed project will not have a significant effect on the .,~" environment. ' 4. Conditions of approval as shown on Exhibit "A" are included in the project to mitigate impacts. 5. The proposed prezoning is compatible with existing and projected zoning and land uses in the surrounding area. 6. The proposed prezoning is consistent with the recently approved residential development in adjacent areas on the north and east. 8. The proposed prezoning is consistent with the level of circulation access and public services available to the site. 9. Based on the absence of evidence in the record as required by Section 21082.2 of the State of California Public Resources Code (CEQA) for the purpose of documenting significant effects, it is the conclusion of the Lead Agency that this project will result in impacts that fall below the threshold of significance with regard to wildlife resources and, therefore, must be granted a "de minimis" exemption in accordance with Section 711 of the State of California Fish and Game Code. Additionally, the assumption of adverse effect is rebutted by the above-referenced absence of evidence in the record and the Lead Agency's decision to prepare a Negative Declaration for this project. SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: 1. 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 prezoning of that certain property in said City, the boundaries of which property is shown on Zoning Map No.102-31 marked Exhibit "B" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "C". 4. Such prezoning is hereby made subject to the conditions of approval listed in attached Exhibit "A", subject to approval of GPA P98-0833. 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. 2 I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Councit of the City of Bakersfield at a regular meeting thereof held on MAR 17 1999 , by the following vote: NOES: ABSTAIN: ASSENT: COUNCILMEMBER SON. DEMOND. MAGGARD, COUCH, ROVVLES, SULUVAN. SALVAGGIO COUNCILMEMBER o n ~ AsSistant CITY CLERK and Ex OFficio Clerk of the' Council of the City of Bakersfield APPROVED MAR 17 1999 MAYOR of the City of Bakersfield APPROVED as to form: OFFICE OF THE CITY ATTORNEy BY: CARL HERNANDEZ Assistant City Attomey MJM 0833~ozc-cc February 8, 1999 EXHIBIT "A" Concurrent General Plan AmendmenU Zone Change P98-0833 Recommended Mitigation Measures Future commercial development approvals on the site shall require further environmental review as appropriate in accordance with CEQA requirements. Such further review may require, but not necessarily be limited to, additional site- specific analyses such as traffic studies or an archaeological assessment and/or survey. Further review requirements shall be determined at the time any future application is submitted on any portion of the site. MJM 08233-ea EXHIBIT "A" Concurrent General Plan Amendment/Zone Change P98-0833 Recommended Mitigation Measures Future commercial development approvals on the site shall require further environmental review as appropriate in accordance with CEQA requirements. Such further review may require, but not necessarily be limited to, additional site- specific analyses such as traffic studies or an archaeological assessment and/or survey. Further review requirements shall be determined at the time any future application is submitted on any portion of the site. MJM 08233-ea CITY OF BAKERSFIELD ZONING MAP LEGEND R ~ LIMIT[O MULTIPLE FAMiLy DWELL ,,-,,/oo0.~.,. ,.o.o... ....... ~ ....... ~,-~,~o-~ / -~., .... EXHIBIT "C" Legal Description R-1 to C-2 A parcel of land being a portion of Lot I of SALES MAP OF LANDS OF KERN COUNTY LANU COMPANY in Section 31, T. 29 S., R. 27 E., M.D.B. & M., County of Kern, State of California, per map filed Apdt 20, 1891 in the Office of the Kern County Recorder, said Parcel being more particularly described as follows: The triangular parcel of land bounded westerly by West line of said Lot 1, bounded northerly by the South dght of way line of Brimhall Road and bounded southeasterly by the West right of way line of Calloway Drive as per Street Right of Way Deed (for both roads) filed September 13, 1994, Document No. 134983, Official Records in the Office of the Kern County Recorder. Containing 3.08 Acres (morn or less) S:~RON~19g~BrimeeLi-Cl~owly EXH A.wfx:l AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) SS. County of Kern ) PAMELA A. MCCARTHY, 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 18th day of March , 1999 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3884 , passed by the Bakersfield City Council at a meeting held on the 17th day of March 1999 , and entitled: AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 102-31 BY PREZONING 3.08 ACRES GENERALLY LOCATED SOUTHWEST OF BRIMHALL ROAD AND CALLOWAY DRIVE. Is/PAMELA A. MCCARTHY City Clerk of the City of Bakersfield DEPUTY City Clerk S:\DOCUMENT~AOPOSTING March 18, 1999