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Home My WebLink AboutORD NO 3192ORDINANCE NO. 3192 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 THOSE CERTAIN PROPERTIES IN THE CITY OF BAKERSFIELD LOCATED SOUTH OF HARRIS ROAD, EAST OF WIBLE ROAD TO FREEWAY 99 FROM AN M-1 (LIGHT MANUFACTURING-AUTO RELATED) ZONE TO AN M-1 (LIGHT MANUFACTURING -GENERAL PURPOSE) ZONE AND A C-2 (COMMERCIAL) ZONE. 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 those certain properties in the City of Bakersfield located south of Harris Road, east of Wible Road to Freeway 99; 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 M-1 (Light Manufacturing-Auto Related) Zone to an M-1 (Light Manufacturing- General Purpose) Zone and a C-2 (Commercial) 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; and WHEREAS, the City Council has determined after due consideration 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 properties in said City, the boundaries of which properties are shown on the map hereto attached and made a part hereof, as follows: FROM AN M-1 (LIGHT MANUFACTURING-AUTO RELATED) TO AN M-1 (LIGHT MANUFACTURING-GENERAL PURPOSE) ZONE: Parcels 1 through 4 of Parcel Map No. 7661 in the City of Bakersfield, County of Kern, State of California as per map recorded in Book 32, Page 167 in the Office of the County Recorder. FROM AN M-1 (LIGHT MANUFACTURING-AUTO RELATED) TO AN C-2 (COMMERCIAL) ZONE: Parcels 5 through 11 Parcel Map No. 7661 in the City of Bakersfield, County of Kern, State of California as per map recorded in Book 32, Page 167 in the Office of the County Recorder. Such zone changes are hereby expressly made subject to the following conditions: In keeping with the policy of restricting access onto arterials, the applicant shall submit to the City Engineer for recordation a properly executed waiver of direct access rights from all abutting parcels to wible Road; provided, however, one additional access off Wible Road shall be allowed to that portion of the property north of Auto Mall Drive, subject to approval of the City's Traffic Engineer. Minimum 5.5 foot wide sidewalks shall be constructed on all streets. Construction may be deferred until development or resubdivision of each parcel. The developer of each parcel which has a standard street light, or lights, adjacent to it shall be responsible for and pay all costs involved in pro- viding electrical service to each light and ensuring that the light(s) are energized prior to occupancy. - 2 - f o Easements which may be necessary to providE? electri- cal service to the street lights shall be submit- ted to the City Engineer. Prior to development or resubdivision of any parcel, the applicant shall enter into an agreement with the City and post approved security to guarantee payment of his share of costs involved in traffic signal construction at the following intersections: Harris Rd. at Wible Rd. $90,000 (75% of $120,000) Panama Ln. at Wible Rd. $30,000 (25% of $120,000) Payment shall be made to the City at the time said funds are required for signal construction. Submit copies of the recorded C.C.&R.'s along with all recorded amendments, to the City. Revisions or modifications to the documents, made necessary by the general plan amendment, shall be approved by the City prior to their being recorded. It will be the responsibility of each property' owner within Maintenance District #15 to maintain the landscaping between the curbline of the street and landscape easement adjacent to their property. The property owner will be assessed for the mainte- nance of the median islands on Pacheco Road and on Wible Road and for the wall and landscaping along the west side of Wible Road south of Pacheco Road. A minimum 20 ft. landscape strip plus at least a 5.5 ft. wide sidewalk will be required along Wible Road. The interior local streets shall have minimum 10 ft. wide landscape strips with minimum 5.5 ft. wine sidewalks. All landscaping within the Kern Delta Water District easements shall be in accordance with the District guidelines, and landscaping plans shall be approved by the District prior to submittal to the City for approval. All lighting shall be directed away from residential areas and Freeway 99. No exterior amplified audio communication systems are allowed on the property south of Auto Mall Drive.. - 3 - Trees shall be planted and maintained along all street frontages in accordance with adopted city ordinances. No single story structure shall be constructed or located within 40 feet of any property zoned or used for residential purposes and no two-story structure shall be constructed within 65 feet of any property zoned or used for residential purposes. Noise monitoring and/or abatement costs which may be required as a result of noise complaints from adja- cent land uses shall be the responsibility of the parcel owner and, if applicable, the lessee of such parcel suspected of violating adopted noise element standards. Uses within the 40-foot setback referenced in "n" above shall be limited to automobile parking (not storage of equipment materials or supplies) and landscaping. This does not allow truck deliveries and/or trash pickup. No structure shall exceed 45 feet in height. Open storage areas shall be attractively screened from Freeway 99 and Wible Road. Signage within 200 feet of residential areas shall be limited to monument and wall signs. All rooftop equipment shall be attractively screened from surrounding uses. No outdoor storage shall be allowed within 200 feet of residential uses. The project area south of the centerline of Auto Mall Drive (extended easterly to Freeway 99) shall be zoned C-2 (General Commercial) or more restrictive. Within the portion of the project area zoned M-i, the following conditions shall apply: Regardless of use, all structures shall be set back from property lines a minimum distance of 20 feet. - 4 - All structures of A, H, I and E occupancies, as defined in the current edition of the Uniform Building Code, shall be sprinklered. All structures with a gross floor area of 5,000 sq. ft. or more shall be sprinklered for fire protection. Any use which involves the storage, handling use or sale of hazardous materials or chemicals shall be subject to fire department review and conditional approval to ensure protection of surrounding uses. No adult entertainment establishments as defined in Section 17.69.020, freestanding nightclubs or free- standing bars (bars not integrated with a full- service restaurant) shall be allowed within the project area. SECTION 2. This ordinance shall be posted in accordance with the City charter provisions and shall become effective thirty (30) days from and after the date of its passage. .......... o0o .......... - 5 - 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 November 30, 1988 , by the following vote: AYEO: COUNCILMEMBER~' CHILDS, DeMOND, SMITH ~l~'~ P~J~RSON,~ ~JALVAGGfl) NOES: COUNCILMF~,~qFRS: None ABSEN~ COLIN~:HTM' .... .:, ,k-r: .... Ratty, McDermott ABSTAININC C"'ii ' ,'~ ~r; Non~ ......................... CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED November 30, 1988 MAYOR of the City of~akersfi~id APPROVED as to form: CITY ATT~RAIE~-~f t ~. ,~2~t~ ~ Bakersfield AJS/meg / ~ ~ O ORD 5 ZC.MOSESl 11/8/88 - 6 - AF?IDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) ss. County of Kern) CAROL WILLIAMS, Being duly sworn, deposes and says: That she is the duly appointed, acting and qualified of Bakersfield; and that on the 1st day of City Clerk of the City December , 19 88 she posted on the Bulletin Board at City Hall, a the following: ORDINANCE No. 3192 City Council at a meeting held on the 30th full, true and correct copy of , passed by the Bakersfield day of November , 19_JiR, 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 THOSE CERTAIN PROPERTIES IN THE CITY OF BAKERSFIELD LOCATED SOUTH OF HARRIS ROAD, EAST OF WIBLE ROAD TO FREEWAY 99 FROM AN M-1 (LIGHT MANU- FACTURING-AUTO RELATED) ZONE TO AN M-1 (LIGHT MANUFACTURING -GENERAL PURPOSE) ZONE AND A C-2 (COMMERCIAL) ZONE. CAROL WILLIAMS CITY CLERK of the DEPUTY Clerk [ty of Bakersfiel~ NSAOPD