HomeMy WebLinkAboutORD NO 3193ORDINANCE NO. 3193 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 AT THE
NORTHEAST CORNER OF GOSFORD ROAD AND WHITE
LANE FROM AN R-2 (LIMITED-MULTIPLE FAMILY
DWELLING) ZONE TO 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 at the northeast
corner of Gosford 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-2
(Limited-Multiple Family Dwelling) Zone to 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 R-2 (LIMITED MULTIPLE FAMILY DWELLING)
ZONE TO A C-2 (COMMERCIAL) ZONE:
Commencing at the northwest corner of
Section 16, Township 30 south, Range 27
east, M.D.B.&M.;
Thence south 00039'06" west, 1,303.61
feet along the west line of said Section
16, to the south right-of-way line of the
Arvin-Edison Canal;
Thence departing said section line south
70052'43" east along said south right-of-
way line 57.99 feet to the point of
beginning of Parcel "A" of this description;
Thence continuing south 70052'43" east,
14.91 feet;
Thence south 55°53'15" east, 103.49 feet;
Thence south 40°54'08" east, 451.96 feet
to a point hereinafter referred to as
Point "a";
Thence departing the south right-of-way
of the Arvin-Edison Canal north 89020'54"
west, 400.28 feet to the east right-of-
way line of Gosford Road;
Thence north
right-of-way,
the point of
00039'06" east along said east
400.00 feet more or less to
beginning of Parcel "A".
Containing 2.020 acres.
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Parcel B commencing at aforedescribed
point "a";
Thence south 40054'08" east,
to the point of beginning of
"B";
408.63 feet
said Parcel
Thence continuing south 40°54'08 east
along the south right-of-way line of the
Arvin-Edison Canal 601.42 feet to the
north right-of-way line of White Lane;
Thence departing the Arvin-Edison Canal
right-of-way north 89012'47" west along
the north right-of-way of White Lane,
400.00 feet;
Thence departing said north right-of-way
north 00°47'13" east, 449.12 feet more or
less to the point of beginning of Parcel
Containing 2.062 acres.
Such zone changes are hereby expressly made subject to
the following conditions:
The 4.082 acre project site and the 10 acre site
centrally located between the two project parcels shall
be developed as an integrated and coordinated commercial
center.
Developer shall provide a minimum of ten (10) foot
wide completely landscaped strip along all arterial
streets (10-foot strip is measured from behind the
sidewalk toward the property line: 4-foot in the
street right-of-way plus 6-foot landscape easement)
containing the following:
Mounds undulating to three feet along arterial
frontages with irrigation drainage/runoff
diverted to on site drainage (catch basins).
Trees spaced every 30 feet on center and
groundcover over the balance of landscaped area.
Landscape plantings shall be limited in height
to assure adequate visibility.
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A comprehensive sign plan shall be submitted for
approval by the Planning Commission at site plan
review.
All exterior area lights shall be limited in height
(measured from ground level) and shielded in a manner
to prevent light and glare on residential property and
public rights-of-way. Light plan to be approved by
Planning Director at site plan review.
All air conditioning units, blowers, etc., on
commercial property shall be arranged and designed to
minimize noise and shield view from all adjacent
streets and residential structures.
Refuse containers shall not be placed within 24 feet
of residential property and shall be shielded from
view from streets or neighboring properties.
Site design shall incorporate barriers to mitigate
noise levels to acceptable levels approved by
Planning Director at site plan review.
Structures facing residential units located northeast
of the project shall be restricted to single story in
height or not be allowed window openings toward the
northeast to ensure privacy of residents.
Prior to recordation of a subdivision map or issuance
of a building permit, the applicant shall enter into
an agreement with the City and post approved security
to guarantee payment of 100% of the costs involved in
the construction of a traffic signal at White Lane
and Cernan Way. The cost of the signal is $120,000.
The developer/subdivider may install the traffic
signal prior to development or subdivision in lieu of
depositing fees with the City. If this option is
chosen, then prior to development or recordation of a
subdivision map, the developer/subdivider shall enter
into an improvement agreement with the City and post
approved security to guarantee the installation of
the signal.
J. Prior to recordation of a subdivision map or issuance
of a building permit, the applicant shall enter into
an agreement with the City and post approved security
to guarantee either payment of 100% of the costs
involved in the construction of a traffic signal, if
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warranted, at Gosford Road and the first access north
of White Lane. The agreement shall also state the
security may be used to construct some other means
for restricting access. The cost of the signal is
$120,000.
If warrants for the signal are not met by the end of
five years from buildout, as determined by the City
Engineer, the applicant will be relieved of the
responsibility for construction of the traffic
signal, and the City shall release the security.
In the event a traffic signal is not warranted within
that five year period but some other form of
restricted access is necessary, as determined by the
City Engineer, the portion of said security necessary
to construct the access restrictions will be used and
the remainder released.
Access control and access locations as shown in
Figure 9 of the traffic study shall be provided, with
the exception of item J above. The exact location of
the northern access onto Gosford Road will be
determined at the time of site plan review or
subdivision. The full access location onto Gosford
Road shall be aligned with the street to the west.
Minimum 5.5 wide sidewalks shall be required full
length of the commercial property on white Lane and
on Gosford Road at the time of development or
subdivision of the site.
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 ..........
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:
AYES: COUNCILMEMBERS: CHILDS, DeMItND, SMITH, f~'f~ PI~"~.RSON, ~JALYAGGIO
NOES: COUNCtLMEM.q?IS None
AOSENT, COUNCILM~MBERS Rattv, McDermott
ABSTAINING: COUNCILM~MSERS: None
CITY CLERK and Ex Officio Clerk of
Council of the City of Bakersfield
the
APPROVED November 30, 1988
MAYOR of the City of ~akersfield
APPROVED as to form:
CITY AT~OB~,~O~ th~ ~ity of Bakersfield
AJS/meg _._/~
00RD 5
ZC.GOSF1
11/8/88
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Zone Change
4787
R-2
4OO
R-2 "to C-2
C-2-D
R-3
wHiTE
2av E N'JE ._7~--
L~NE
AFFIDAVIT 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 City Clerk of the City
of Bakersfield; and that on the 1st day of December
posted on the Bulletin Board at City Hall, a full, true
the following: Ordinance No. 3193 , passed
City Council at a meeting held on the 30th day of November , 1988 ,
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 AT THE NORTHEAST CORNER
OF GOSFORD ROAD AND WHITE LANE FROM AN R-2 (LIMITED-MULTIPLE
F~4ILY DWELLING) ZONE TO A C-2 (COMMERCIAL) ZONE.
, 19 88 she
and correct copy of
by the Bakersfield
CAROL WILLIAMS
CITY CLERK of the City of Bakersfield
By:
DEPUTY City Clerk
NSAOPD