The URL can be used to link to this page

Home My WebLink AboutORD NO 3299ORDINANCE NO. 3299 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 IN THE CITY OF BAKERSFIELD LOCATED ON THE WEST SIDE OF GASOLINE ALLEY DRIVE AT MOTOR CENTER DRIVE AND ON THE EAST SIDE OF GASOLINE ALLEY DRIVE NORTH OF HARRIS ROAD FROM M-1 (LIGHT MANUFACTURING-AUTO RELATED) TO M-1 (LIGHT MANUFACTURING-GENERAL PURPOSE) 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 in the City of Bakersfield located on the west side of Gasoline Alley Drive at Motor Center Drive and on the east side of Gasoline Alley Drive north of Harris Road; and WHEREAS, by Resolution No. 47-89 on December 21, 1989, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve an M-1 (Light Manufacturing-Auto Related) Zone to an M-1 (Light Manufacturing-General Purpose) Zone, as delineated on attached map marked Exhibit "B", 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 M-1 (Light Manufacturing) Zone to an M-1 (Light Manufacturing-General Purpose) Zone on 30.92 acres, 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 fo£ a change in zoning of said property, that zone change should be authorized; and OFII~INAL WHEREAS, the Planning Commission set DECEMBER 21, 1989, at the hour of 5:30 p.m. in the Council Chamber of City Hall, 1501 Truxtun Avenue, Bakersfield, California as the time and place for a public hearing before said Planning Commission on said application and accompanying proposed negative declaration, and notice of the public hearing was given in the manner provided in Title Seventeen of the Bakersfield Municipal Code; and WHEREAS, at said public hearing held DECEMBER 21, 1989, the request for a change of zone by DEWALT-PORTER ENGINEERING, was duly heard and considered; and WHEREAS, the Planning Commission considered the Zone Change for the entire 84.38 acres generally located between Pacheco Road and Harris Road, Wible Road and Highway 99, commonly known as the Auto Mall development; and WHEREAS, 30.92 acres of that area is currently vacant andi generally located along the west side of Gasoline Alley Drive at Motor Center Drive and on the east side of Gasoline Alley Drive, north of Harris Road; and WHEREAS, conditions of approval as attached in Exhibit "A" are included in the project to provide compatible development between the general purpose industrial use, surrounding existing auto mall and residential use; 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 M-1 (Light Manufacturing) Zone to an M-1 (Light Manufacturing-General Purpose) Zone on 30.92 acres; 2. Conditions of approval contained in Exhibit "A" and existing standards for development will provide compatible devel- opment between the general purpose industrial use, surrounding existing auto mall and residential uses. 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 (LIGRT MANUFACTURING- GENERAL PURPOSE) ZONE. East half of Parcel 4 and Parcels 8, 9, 11, 12 and 13 of Parcel Map 7662 recorded February 26, 1989, in Book 33 of Parcel Maps, at Page 2 in the Office of the Kern County Recorder. Containing 30.92 acres. 4. Approval of the above zone change is made the conditions of approval attached hereto as Exhibit incorporated herein as though fully set forth. subject to "A" and 5. Approval of the above zone change City Council approval of the above-referenced Use Element Amendment 4-89. is made subject to Segment III of Land 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. .......... 000 .......... ORIGINAL 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 JUL ~ ~ 1§90 , by the following vote: AYES, COUNCILMEMBERS: EDWARDS: ~OeMOND, SMITH. BRUNNk PETERSON, McDERMOTt, SALVAGGIO NOES; COUNCILMEMBERS: ABSENT COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS' .,~o CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED "JUL J 1 1990 MAYOR of the City of Bakersfield APPROVED as to form: CITY ATTQRNE~f t~e C~/ty of ;Bakersfield AJS/meg Attachment Exhibit "A" Exhibit "B" O ORD 4 ZC.Mi.1 6/20/90 ORIGINAL Exhibit "A" Conditions of Approval GPA 4-89, Segment III/ZC 4952 The applicant shall construct standard 4.5' wide sidewalk along the west side of Gasoline Alley Drive on those vacant properties. Local streets shall have minimum 10 foot wide landscape strips in addition to the minimum 4.5 foot wide sidewalks. Submit cop~es 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. 4. It will be the responsibility of each property owner within Malntenamce District No. 15 to maintain the landscaping between the curblmne or the street and landscape easement ad3acent to their property. 5. Tile property owner will be assessed for the maintenance 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. 6. Trees shall be planted and maintained along all street frontages in accordance w~th adopted city ordinances. 7. A nelgnborhood shopping center shall not be allowed within the pro3ect area. 8. All lighting shall be directed away from residential areas and Freeway 99. 9. No~se monitoring and/or abatement costs which may be required as a result of no~se complaints from adjacent land uses shall be ~he responsibility o~ the parcel owner and, if applicable, the lessee of such parcel suspected of violating adopted noise element standards. 10. 1i. 12. 13. No structure shall exceed 45 feet ~n height. Open storage areas shall be a5tractively screened from Freeway 99 and Gasoline Alley Drive. No outdoor storage aDove screen walls or fences. All rooftop equipment shall be attractively screened from Outdoor advertlsmng signage (1.e. p£ohiO~ted. billboards) shall be GPA 4-89, segment Exhibit "A" Page 2 III 14. Regardless of use, all structures shall be set back from property lines a minimum distance of 20 feet. 15. All structures of A, H, I and E OCCupancies, as defined in the current edition oi the uniform Building code, shall be sprinklered. 16. All structures with a gross floor area of 5,000 square feet or more shall be sprinklered for ~lre protection. 17. Any use which involves ~he 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. 18. No adult entertainment establishments as defined in Section 17.69.020, ~reestanding nightclubs or freestanding bars (bars not integrated wltn a full service restaurant) shall be allowed within the project area. 19. The improvements required to be constructed for parcel Map 7662 (improvement Agreement #86-30) shall be completed and accepted by the City within 30 days of planning Commission action. r/rs3ea ZONE CHANGE 4952 AMEND PREVIOUSLY APPROVED CONDITIONS ON PORTION OF AUTO MALL DEVELOPMENT pACHEC 0 ROAD T30S, R27E SCALE IN FF-ET R-1 R-I EARLENE AVE. R--1 R-1 R-1 C-2 MH MH MH MH MH R--1 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 posted on the Bulletin Board at Ordinance the following: City Council at a meeting held on the 16th day of 3uly , 1990 she City Hall, a full, true and correct copy of No. 3299 , passed by the Bakersfield 11th day of July , 19~O, and entitled: CAROL WILLIAMS CITY CLERK of the City of Bakersfie]~d DEPUTY City Clerk NSAOPD