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HomeMy WebLinkAboutORD NO 3271ORDINANCE NO. 8 2 ? ~ 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 LOCATED AT THE SOUTHEAST CORNER OF TEAL STREET AND HUGHES LANE IN THE CITY OF BAKERSFIELD FROM AN R-3 (LIMITED MULTIPLE FAMILY DWELLING) ZONE TO A C-2 (COMMERCIAL) ZONE. WHEREAS, in accordance with the procedure set forth in 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 located at the southeast corner of Hughes Lane and Teal Street in the City of Bakersfield. WHEREAS, by Resolution No. 43-89 on December 7, 1989, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve an C-2 (Commercial) Zone, as delineated on attached map, by this Council and this Council has fully considered the findings 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 a change of zoning of the subject property from an R-3 (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 project; 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 changes in zoning of said properties, that zone change should be authorized; and WHEREAS, the vacant site is designated as Commmercial on the Bakersfield Metropolitan General Plan; and WHEREAS, there is commercially zoned property adjacent to the south of the site; and WHEREAS, the City Council has considered and hereby makes the following findings: 1. That public necessity, convenience, general welfare and good zoning practice justify the change of zone from an R-3 (Limited Multiple Family Dwelling) Zone to a C-2 (Commercial) Zone; 2. That the proposed zone change is consistent with the General Plan of the City of Bakersfield; 3. That a Negative Declaration was duly filed and posted. 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-3 (LIMITED MULTIPLE FAMILY DWELLING ZONE TO A C-2 (COMMERCIAL) ZONE: Parcel 1 of Parcel Map 5487 in the City of Bakersfield, County of Kern, State of California, as per map recorded November 29, 1979, in Book 24, Page 47 of Parcel Maps, in the Office of the County Recorder of said County. Approval of the above zone change is made subject to the conditions listed on Exhibit "A" attached hereto and incorporated herein as though fully set forth. 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 .......... - 2 - 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 JAN 2 4 l§§0 , by the following vote: AYES; COUNCILMEMBERS: EDWARDS, OeMOND, SMITH. BRUNNI ............ McDERMOTt, SALVAGGID NOES: COUNCILMEM6ERS: ABSENT COUNCILMEMBERS: ABSTAtN: COUNCILMEMBERS CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED JAN 2 4 1990 CLARENCE E. MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: ~ / , LCM/meg L Attachments Exhibit "A" Exhibit "B" O ORD 4 ZC.C2.1 1/3/90 Bakersfield - 3 - E X H I B I T "A" RECOMMENDED DISCRETIONARY CONDITIONS 1. No access shall be allowed along Teal Street except as may be necessary for emergency vehicles. 2. Screening and buffering along Teal Street shall include: A> A landscape area 20 feet in width shall be provided adjacent to the project on the south side of Teal Street from the back of the sidewalk. Landscaping shall include turf, ground cover, shrubs and trees. Trees shall be spaced no more than 30 feet apart. B> A six foot high masonry wall with contrasting cap shall be installed behind the landscaping. C> A forty-five degree (45°) airspace diagonal as per Section 17.04.035 of the Bakersfield Municipal Code. D> No freestanding signage shall be allowed along Teal Street. 3. A wall and/or landscape screening shall be provided to adequately screen freight loading and unloading activities from adjacent residential properties and Hughes Lane and Teal Street traffic. Said screening shall be approved by the Planning Director. 4. Provide a parapet above the building no lower than the height of the highest roof-mounted equipment. 5. Lighting shall be arranged as approved by the Building Director to prevent glare on and disturbance surrounding residential properties. 6. Construct a six foot high masonry wall and maintain a twenty foot building setback along the easterly property line adjacent to the existing apartments. ZONE CHANGE 4963 R-1 R-5-D LG R-1 ~.~ VINCENT AVE. R-5-D --ROM R-5-D TO C-2 C-2 0 200 SCALE IN FEET 13 WH]TE LANE. T30S, R27E DAVID McGLASSON SOUTHEAST CORNER OF TEAL STREET AND HUGHES LANE 'r~8~.t~3