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Home My WebLink AboutORD NO 4077ORDINANCE NO. '~ 0 ff ~ AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO. 123-25) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM R-2 (LIMITED MULTIPLE-FAMILY DWELLING TO C-O/PCD OVERLAY (PROFESSIONAL AND ADMINISTRATIVE OFFICE/PLANNED COMMERCIAL DEVELOPMENT) ON 2.67 ACRES GENERALLY LOCATED ALONG THE EAST SIDE OF WlBLE ROAD APPROXIMATELY 400 FEET SOUTH OF PANAMA LANE (FILE # 02-0290) WHEREAS, in accordance with the procedure set forth in the provisions of Title17 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 along the east side of Wible Road approximately 400 feet south of Panama Lane; and WHEREAS, by Resolution No. 64-02 on the Planning Commission denied Zone Change 02-0290 changing the zoning from R-2 to C-O 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 R-2 to C-O 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 April 29, 2002, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows urban development; and WHEREAS, the City Council has considered and hereby makes the following findings: All required public notices have been given. The provisions of the California Environmental Quality Act have been followed. Mitigation Measures/Conditions of Approval shown on Exhibit 3. are included in the project to ameliorate impacts. The proposed project is consistent with the surrounding land uses. The proposed project is consistent with the Land Use Element. 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 Sate of California Fish and Game Code. Additionally, the assumption of adverse effect is rebutted by the above-reference absence of evidence in the record and the Lead Agency's decision fo prepare a Negative Declaration for this project. NOW, follows: 1. 2. 3. SECTION 1. THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as All of the foregoing recitals are hereby found to be true and correct. The Negative Declaration is hereby approved and adopted. 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. 123-25 marked Exhibit "2" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "3 ". Such zone change is hereby made subject to the mitigation measures/conditions of approval listed in attached Exhibit "A", subject to approval of GPA 02-0290. SECTION 2. This ordinance shall be posted in accordance with the Bakersfield Municipal Code and shall become effective not less than thirty (30) days from and after the date of its passage. I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of ,,~pCit~ ~01~kersfield at a regular meeting thereof held on , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER ORIGINAL CITY CLERK and Ex Officio O~rk of the Council of the City of Bakersfield APPROVED APPROVED AS TO FORM: BART J, THI~/T~EN ,')RK~INAL EXHIBIT "1" ZONE CHANGE 02-0290 MITIGATION MEASURES~CONDITIONS Plannin~ 1. As a condition of the General Plan Amendment approval, the applicant shall apply for a PCD (Planned Commercial Development) zone change on the 2.67 acre subject site. PI nnin De artment Prior to any ground disturbance on this property, we recommend that a qualified professional archaeologist conduct a field survey of all undeveloped portions of the project site (Southern San Joaquin Valley Information Center, California State University Bakersfield). Public Works Along with submittal of any development plan, tentative subdivision map, or application for a lot line adjustment, the following shall occur: a. Provide fully executed dedication for Wible Road to arterial standards for the full frontage of the area within the GPA request. Dedications shall include sufficient widths for expanded intersections and additional areas for landscaping as directed by the City Engineer. Submit a current title report with the dedication documents. Construct improvements to City standards on Wible Road for the full frontage of the area within the GPA request. Submit a comprehensive drainage study to be submitted to and approved by the City Engineer. Site any drainage retention facility on the periphery of the GPA area to facilitate future expansion or consolidation of drainage facilities as adjacent area develops. The study shall be approved and any required retention site and necessary easements dedicated to the City. Submit verification to the City Engineer of the existing sewer system's capability to accept the additional flows to be generated through development under the new land use and zoning. Payment of median fees for the frontage of the property within the GPA request, These fees may be paid prior to recordation of any map or approval of improvement plans. Access to the arterial and collector streets will be limited and determined at time of division or development. Determination of whether a dght turn lane is required at the access street(s) will also be made at the time of division or development. Development on the site shall be subject to the Traffic Impact Fee schedule in effect at the time of issuance of building permits. The entire area covered by this General plan Amendment shall be included in the Consolidated Maintenance District. The applicant shall pay all fees for inclusion in the Consolidate Maintenance District with submittal of any development plan, tentative subdivision map, Site Plan Review, or application for a lot line adjustment for any portion of this GPA area. ORIGINAL ZONE CHANGE 02-0290 R-2 TO ~Xi~,.IT zo~ ~P EXHIBIT "3" DOCUHE#? #:0Z00031015 IIIIIIIIIIII --. TOTAL EKrow No.: 12668~BA hereby GRANT(S) to An'edoado V~um, h,c. ~ followkg d~dkd pm~ny ~ ~c City ~ ~d, ~ of ~ S~ of ~ifo~a; Mail Tax ~.~emems [o: SAME AS ABOV£ ur Addter, sNm~dB~qow Order: AUTO-BW-O0031237 Descriotion: 2000.31015 PaRe I of 5 Comment: HARRY#1 -- 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 5th day of September , 2002 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4077 , passed by the Bakersfield City Council at a meeting held on the 4th day of September 2002 and entitled: AN ORDINANCE ADOPTING ANEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO 123-25) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM R-2 (LIMITED MULTIPLE FAMILY DWELLING) TO C-O/PCD OVERLAY (PROFESSIONAL AND ADMINISTRATIVE OFFICE/PLANNED COMMERICAL DEVELOPMENT) ON 2.67 ACRES GENERALLY LOCATED ALONG THE EAST SIDE OF WIBLE ROAD APPROXIMATELY 400 FEET SOUTH OF PANAMA LANE. (02-0290) /si PAMELA A. McCARTHY City Clerk of the City of Bakersfield