HomeMy WebLinkAboutORD NO 4075ORDINANCE NO. 4 0 ? 5
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO.
123-01 BY CHANGING THE ZONING FROM AN RS (RESIDENTIAL
SUBURBAN) TO O-C ! PCD (PROFESSIONAL AND
ADMINISTRATIVE OFFICE PLANNED COMMERCIAL
DEVELOPMENT) ZONE ON 4.12 ACRES LOCATED ALONG THE
NORTH SIDE OF MING AVENUE TO JUNE AVENUE,
GENERALLY WEST OF ANITA LANE, AND GRANTING THE
APPLICANT'S APPEAL. (GPA P02-0316) (Ward 7).
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 being annexed to the City of
Bakersfield located along the north side of Ming Avenue to June Avenue, generally west of Anita
Lane.
WHEREAS, by Resolution No. 68-02 on June 20, 2002, the Planning Commission
recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to
approve an O-C / PCD (Professional and Administrative Office - Planned Commemial Development)
zone as delineated on attached map 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
WHEREAS, the applicant has submitted an appeal to the Planning Commission, decision;
and
WHEREAS, the appeal is to a condition of approval that would require the applicant to
construct full street improvements to city standards along the frontage of the project site; and
WHEREAS, the applicant in his appeal letter to the City Council states the reason for the
appeal is that City Public Works staff and the applicant made agreements to exchange the
dedication of the right-of-way of Ming Avenue for the City drawing plans and constructing curb,
gutter, sidewalk, street paving and "drive approach tie-in" construction or reconstruction for the
project site; 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 for the proposal was advertised and posted on May 17,
2002, in accordance with CEQA; and
WHEREAS, the general plan amendment proposed designation for the project area would
allow the existing residential development to be converted to office commercial; and
WHEREAS, the City Council has considered all findings by the Planning Commission and
the appeal by the applicant and hereby makes the following findings:
The above recitals and findings are true and correct and constitute the findings of
the Planning Commission in this matter.
2. All required notices have been given including notice of the appeal.
The provisions of the California Environmental Quality Act (CEQA) have been
followed.
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 was prepared and sent to responsible agencies and property owners
within 300 feet of the project site. A Negative Declaration was prepared for this
project in accordance with CEQA.
That infrastructure exists or can easily be provided to accommodate the types and
intensities of the proposed development.
The public necessity, general welfare and good zoning practice justify the
recommended change of zone to C-O / PCD (Professional and Administrative Office-
Planned Commercial Development) zone on 4.12 acres located along the north side
of Ming Avenue to June Avenue, generally west of Anita Lane.
The project site, with prior approval of General Plan Amendment No. P02-0316, is
designated OC (Office Commercial) on the Metropolitan Bakersfield 2010 General
Plan Land Use Plan.
The recommended zone change will reflect the previously adopted General Plan
Amendment No. P02-0316.
9. The recommended zone change is compatible with the surrounding uses.
10.
The recommended zone change is consistent with the Metropolitan Bakersfield 2010
General Plan, subject to prior approval of General Plan Amendment No. P02-0316.
11.
That the applicant by prior agreement agreed to comply with all adopted mitigation
measures contained within the Negative Declaration for this project.
12.
That Zone Change No. P02-0316 is hereby approved as recommended by staff with
mitigation measures adopted in the Negative Declaration.
13.
That the applicant and City Staff have met and have determined that the applicant
will dedicate the right-of-way for Ming Avenue in exchange the City of Bakersfield
shall design and construct the improvements of Ming Avenue to City standards.
14. That the City Council grants the appeal by the applicant.
15.
That Section 17.06.020 (Zoning Map) of the Municipal Code of the City.~, ~
Bakersfield be amended by changing the land use zoning C-O / PCD (Professional
and Administrative Office-Planned Commercial Development) zone on 4.12 acres on
Map No. 123-01, of that certain property being annexed to the City of Bakersfield as
described in Exhibit "C' herein attached.
16.
That Zone Change No. P02-0316, as outlined above, is hereby recommended for
approval with mitigation and conditions of approval shown on Exhibit "A", subject to
prior approval of General Plan Amendment No. P02-0316.
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.
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 being annexed to the City, the boundaries of which property is shown on the
map marked Exhibit "B" attached hereto and made a part hereof, and are more
specifically described in attached Exhibit "C".
Such zone change is hereby made subject to the conditions of approval listed in
attached Exhibit "A", and subject to prior approval of General Plan Amendment No.
P02-0316.
That the appeal by the applicant of the Planning Commission's decision is granted
with the terms and conditions as stated herein.
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 ~[t~,ad~p~t~by the Council
of the City of Bakersfield at a regular meeting thereof held on o~' ~ ~uu~ , by the
following vote:
AYES: COUNClLMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
NOES: COUNCILMEMBER ,~.~-~
ABSTAIN: COUNClLMEMBER
ABSENT: COUNCILMEMBER
CITY CLERK and Ex Officio (~l'~rk
of
the
Council of the City of Bakersfield
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3
APPROVED SEP J. Z00?
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
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D~']~GINAL
EXHIBIT A
Mitigation Measures/Conditions of Approval
General Plan Amendment/Zone Change No. P02-0316
Planning:
1. The conversion of the existing homes to office commercial uses shall be done in a manner to
maintain the character of the residential neighborhood. The homes shall remain single story, be
amhitecturally compatible and shall maintain the look and character of the neighborhood.
(Condition).
Cultural Resources:
A Cultural Resources Records Search was prepared for the project site. The project site does not
contain any historic and prehistoric sites. There are no known cultural resources within the project
Therefore, the following shall be done on the project site.
If cultural resoumes are discovered dudng excavation and grading activities on the
project site, the contractor/developer shall stop all work and shall retain a qualified
professional archeologist to evaluate the significance of the find and make an
appropriate course of action. The developer/contractor shall complete the
appropriate course of action recommended by the professional archeologist prior to
beginning the development. (Mitigation Measure).
Salvage operation requirements in Appendix K of the California Environmental
Quality Act (CEQA) Guidelines shall be followed and the treatment of discovered
Native American remains shall comply with State Code Regulations of the Native
American Heritage Commission. (Mitigation Measure).
Should human remains be discovered at any time on any portion of the project site,
work shall halt and the Kern County coroner shall be notified immediately
(Section7050.5 of the Health and Safety Code). In the absence of an
archaeological monitor, a qualified archaeologist and the local Native American
community, shall be notified. (Mitigation Measure).
Water Resources:
If the water service requirements exceed the capability of the California Water Service Company's
existing facilities or if the extension of facilities is necessary, water service would be provided in
accordance to Rule 15 of the State Public Utilities Commission Rules and Regulations. (Mitigation
Measure).
Public Works:
Prior to adoption of the ordinance by the City Council, provide fully executed irrevocable offers of
dedication for Ming Avenue to arterial standards and for June Avenue and Anita Lane to local
standards for the full frontages of the area within the GPA request. Dedications shall include
sufficient widths for expanded intersections and additional areas for landscaping as dire~;~e,~y the
City Engineer. Submit a current t t e report with the ded cat on documents. (Condit~, ri').
EXHIBIT A
Mitigation Measures/Conditions of Approval
GPA/ZC #02-0316
Page 2
Development on the site shall be subject to the Traffic Impact Fee schedule in effect at the time of
issuance of building permits. (Condition).
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 Consolidated 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. (Condition).
Planning Commission:
7. Access to any office commercial use on the project site shall be limited to Ming Avenue.
(Condition).
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EXIHIBIT "B"
Map Showing Recommendation
Zone Change 02-0316
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EXlHIBIT C
Legal Description
Zone Change No. 02-0316
LEGAL DESCRIPTION FOR GPA/ZC NO. 02-0316
A parcel of land being a portion of the southeast quarler of Section I, Towns~ p 30
South, Range 27 Easl, M l) M , Courtly of Kern, State of ('alifomia, more parlicularly
described as follows
Commencing at the southeast corner of said Section I being a monumented corner at the
point of intersection of the centerlines of Ming Avenue and south "H" StreeL
Thence N89°54'08"W, along the south line of Said Section 1, a distance of 1986 15 feet
to intersect the southerly prolongation of the west right of way line of the 20 foot wide
alley on the west boundary line of Tract No. 1635 per map filed for record in Book 8 of
Maps, Page 14 in the Office of the Kern County Recorder;
Thence N00°07'52"E, along said prolongation line, 3000 feet to intersect the north right
of way line of Ming Avenue (Co. Rd. No. 208), said point also being on the existing
corporate boundary line of the City of Bakersfield and is the TRUE POINT OF
BEGINNING:
Thence (1) continuing N00°07'52''E along the west line of said 20 foot wide alley,
270 80 feet to intersect the westerly prolongation of the south right of way line of June
Avenue;
Thence (2) S89°54'08"E along said south right of way line (and prolongation thereof),
662 07 feet to intersect the east boundary line of said Tract No 1635, also being a point
on the exiting corporate boundary line of the City of Bakersfield;
Thence (3) SOO 06 22 W, along said tract boundary line and corporate boundary line,
270.80 feet to intersect the north right of way line of Ming Avenue (Co. Rd. No. 208);
Thence (4) N89°54'08"W, along said north right of way line and corporate boundary
line, 662.19 feet to the true point of beginning.
Containing 4.12 acres (more or less)
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Expiresq(-30-04 ~
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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. 4075 , passed by
the Bakersfield City Council at a meeting held on the 4th day of September 2002
and entitled:
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSIFELD MUNICIPAL CODE AND ZONING
MAP NO. 123-01 BY CHANGING THE ZONING FROM AN
RS (RESIDENTIAL SUBURBAN) TO O-C/PCD
(PROFESSIONAL AND ADMINISTRATIVE OFFICE -
PLANNED COMMERCIAL DEVELOPMENT) ZONE ON
4.12 ACRES LOCATED ALONG THE NORTH SIDE OF
MING AVENUE TO JUNE AVENUE, GENERALLY WEST
OF ANITA LANE. (GPA P02-0316)
/s/PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
DEF~JT~' Oity Clerk~ '"~
ORIGINAL