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HomeMy WebLinkAboutORD NO 3002ORDINANCE NO. 3002 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE LAND USE ZONING OF THAT CERTAIN PROPERTY IN THE CITY OF BAKERSFIELD LOCATED SOUTH OF ADANAC COURT AND NEAR THE INTERSECTION OF WIBLE ROAD AND WHITE LANE. 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 has held a public hearing on a petition to change the land use zoning of that certain property in the City of Bakersfield located south of Adanac Court and near the intersection of Wible Road and White Lane; 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 a change of zoning of the subject property from an R-1 (One Family Dwelling Zone to a C-1 (Limited Commercial) or more restrictive Zone, and the Council has considered said findings and all appear to be true and correct; and WHEREAS, there appears to be no substantial detrimental environmental impact which could result from the proposed pro- ject, provided the conditions of development specified below are satisfied; and WHEREAS, the City Council has determined after due con- sideration of said petition and the recommendations of the Planning Commission herein on file, together with the reasons advanced at the hearing for a change of zoning of said property, that a zoning change should be authorized; and WHEREAS, the City Council has determined and found that the proposed zoning is consistent with the General Plan of the City of Bakersfield. 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. An environmental assessment was made of the project, and a Negative Declaration was adopted by the Planning Commission after a public hearing thereon, and this Council hereby approves and adopts the Negative Declaration. 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 certain property in said City, the boundaries of which property are shown on the map hereto attached and made a part hereof, as follows: FROM AN R-1 (ONE FAMILY DWELLING) ZONE TO A C-1 (LIMITED COMMERCIAL) OR MORE RESTRICTIVE ZONE: Beginning at the southeast corner of the northeast quarter of Section 14, Township south, Range 27 east Mount Diablo Base & Meridian; 30 Thence northerly along the east boundary line of said Section 14, a distance of 330.00 feet; Thence westerly parallel with the south bound- ary line of said Section 14, a distance of 345.00 feet to a point, said point being the True Point of Beginning; Thence westerly from said point parallel to the southerly boundary of said Section 14, a distance of 315.00 feet; Thence southerly bearing south 00v02'13" east, a distance of 131.78 feet; Thence easterly parallel to the southerly boundary of said Section 14, a distance of 315.00 feet; Thence northerly bearing north 00v02'13" west, a distance of 131.78 feet to the place of beginning. EXCEPTING THEREFROM that area within the right-of-way of Adanac Court. 4. The following eleven conditions of development shall apply to the property rezoned hereby: (1) The developer shall meet all conditions which result ~rom site plan review for the project. 2 (2) Access shall be limited to only Wible Road and White Lane with no access from Adanac Court. A waiver of vehicu- lar access from the property to Adanac Court shall be recorded prior to issuance of a building permit for the property. (3) Buildings shall be limited to single-story structures with no doors or windows open directly to adjacent residential area. (4) Final landscaping plan, wall design and irriga- tion system shall be approved by Planning Director and imple- mented and a declaration of covenants, conditions and restric- tions providing for upkeep, maintenance and replacement of the same shall be recorded prior to issuance of any certificate of occupancy for any structure on the property. (5) The developer shall complete Adanac Court with sidewalk, curb and gutters to City standards prior to issuance of a certificate of occupancy for any structure on the property, and shall complete and maintain the landscape area to the south from and after the effective date of this ordinance. (6) A six-foot continuous block wall shall be con- structed along the east and south sides of landscaped area and along the north and west property lines as depicted in the pre- liminary site plan. Walls along landscaped area should have a softened texture and color, subject to approval of the Planning Director. (7) All block walls for the proposed commercial be constructed before building construction to noise, dust and traffic impacts on adjacent center shall reduce potential properties. (8) The same roofing materials and aesthetically acceptable architecture design shall be used all around the building roof adjacent to Adanac Court. (9) All lights (indoor and outdoor) shall be shielded away from existing residential uses. (10) All roof or ground air conditioning units, blowers, etc., shall be arranged and screened to shield noise, air flow and view from residences located directly to the north and west of the property. (11) The property owner shall, prior to issuance of any building permit for any structure on the property, dedicate right-of-way for the completion of Adanac Court, and for Wible Road and White Lane, to the extent required by the City Engineer. .......... o0o .......... I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regu- lar meeting thereof held on the 23rd day of October , 1985, by the following vote: CITY ~ER~ and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED this 23rd day of October , 19 85 APPROVED as to form: CfTY ATTOR/(EY 65 the C~-ty of Bakersfield bl O.ZC-YNG 4 ALUM ADANAC "~,/' t~ ~ AVENUE COUt?T -""NORTH I" = 200' ZC 4339 R-I to C-I WILLIAM YOUNG . NW,CORNER WIBLE ~ WHITE. Affh av ! of osttng r uan es STATE OF CALIFORNIA I 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_ October 29 , 19 85 , she posted on the Bulletin Board at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held on October 23 , 19 85 , which ordinance was numbered 3002 New Series, and entitled: AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE LAND USE ZONING OF THAT CERTAIN PROPERTY IN THE CITY OF BAKERSFIELD LOCATED SOUTH OF ADANAC COURT AND NEAR THE INTERSECTION OF WIBLE ROAD AND WHITE LANE. City Clerk Subscribed and sworn to before me this ............................................. Notary Public in and for the Oou~t~9~ Kern, S~at~ o~ Califo~ia NOTARY PUSLIC - CALIFORN A