HomeMy WebLinkAboutORD NO 3322ORDINANCE NO. 3322
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
EAST SIDE OF PATTON WAY APPROXIMATELY 1100
FEET SOUTH OF HAGEMAN ROAD FROM AN R-1 (ONE
FAMILY DWELLING) ZONE TO A "P" (PARKING)
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 east side of Patton Way
approximately 1100 feet south of Hageman Road~ and
WHEREAS, by Resolution No. 33-90 on July 5, 1990, the
Planning Commission recommended approval and adoption of an
ordinance amending Title 17 of the Municipal Code to approve a
"P" (Parking) 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-1 (One
Family Dwelling) Zone to a "P" (Parking) 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, a Negative Declaration was advertised and
posted on May 17, 1990 in accordance with CEQA; 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 change in zoning of said property,
that zone change should be authorized; and
ORIGINAL
WHEREAS, the required public notices have been given;
and
WHEREAS, the vacant site is designated as Low Density
Residential on the Bakersfield Metropolitan General Plan; and
WHEREAS, the General Plan limits the density to 7.26
dwelling units per gross acre; and
WHEREAS, the conditions of approval in the attached
EXHIBIT "A" will ensure consistency and conformance with the
Metropolitan Bakersfield 2010 General Plan and the Riverlakes
Specific Plan; 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 in zone, as condi-
tioned in Exhibit "A".
2. That the proposed zone change is consistent with the
Bakersfield Metropolitan Area General Plan and the Riverlakes
Specific Plan, subject to conditions of approval listed in the
attached Exhibit "A", attached hereto and incorporated as though
fully set forth herein.
3. The project would not have a significant adverse
effect on the environment.
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. 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 that certain property in said
City, the boundaries of which property is shown on the map marked
Exhibit "B" attached hereto and made a part hereof, as follows:
FROM AN R-1 (ONE FAMILY DWELLING) ZONE TO A
ZONE:
On that portion of Lot 10, Tract No. 4873 Unit "A",
in the City of Bakersfield, County of Kern, State
ORIGINAL
of California as per Map filed October 27, 1987 in
Book 36, Page 86 of Maps in the Office of the Kern
County Recorder, lying within the south half of
Section 16, Township 29 South, Range 27 East,
M.D.B.&M., and being more particularly described as
follows:
Beginning at the southwest corner of said Lot 10,
said corner being in the center line of Patton Way;
THENCE (1) North 00°19'30" East, 199.47 feet along
the centerline of Patton Way and the westerly
boundary of said Lot 10;
THENCE (2) Departing from the centerline of Patton Way
and the westerly boundary of said Lot 10 South
89°06'52" East, 857.86 feet;
THENCE (3) South 00°56'19" West, 200.25 feet to a
point on the southerly boundary of said Lot 10;
THENCE (4) North 89°03'41" West, 855.72 feet along
the southerly boundary of said Lot 10 to the Point
of Beginning;
Containing 3.93 acres, more or less.
4. Such zone change is hereby made subject to the con-
ditions of approval listed in Exhibit "A".
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 ..........
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 0el ~ 7§90 , by the
following vote:
AYES; COUNCILMEMBERS EDWARDS, DeMOND, SMITH, 8RUNNI, PETERSON, McDERMOTT, SALVAOBIO
NOES; COUNCILMEMBERS
AESENT COUNCILMEMBERS:
ABSTAIN' COUNCILMEMBERS
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED OCT $ 1990
CLARENCE E. MEDDERS
MAYOR of the City of Bakersfield
APPROVED as to form:
ARTHUR J. SAALFIELD
CITY ATTORNEY of the dity of Bakersfield
LCM/meg
Attachments
Exhibit "A"
Exhibit "B"
O ORD 4
ZC.P.1
8/13/90
ORIGINAL
EXHIBIT A
RECOMMENDED CONDITIONS OF APPROVAL
A landscape and irrigation plan for the interior parking area
shall be submitted to the Planning Director for review and
approval prior to the moving of any soil. The landscape plan
shall depict a minimum 15-foot landscape strip along the west
and north sides of the parking lot. Perimeter trees shall be
15 gallon evergreen shade trees, spaced no more than 20 feet
apart unless clustered to the satisfaction of the Planning
Director. Trees shall also be shown in the parking lot area
consistent with Title 17.
The landscaping and wall design along Patton Way shall be
similar and complimentary to the wall and landscaping for the
adjacent tract to the north. Plans for said landscaping and
wall shall be submitted to the Planning Director for review
and approval prior to the moving of any soil.
Parking lot design shall be in accordance with Title 17.58 of
the Municipal Code and approved by the City Traffic Engineer.
A drainage easement shall be recorded to accommodate drainage
from the adjacent southerly property.
5
The following conditions shall be performed within ten days of
the final approval by the City Council. Failure to perform
these conditions within the ten day limit will void the zone
change approval.
A waiver of direct access along Patton Way shall be recorded
in such a way that it may not be revoked without the approval
of the Planning Commission.
6a.
An access easement shall be recorded to provide access to the
property from the existing drive approach on adjacent ARB
property to the south.
6b.
A deed restriction shall be recorded to ensure the property
will be used exclusively for parking by the adjacent ARB
property only.
6c. Pay Habitat Conservation fee in effect at the time of council
approval.
6d. Pay drainage fees required in the Laborde Drainage District.
a:ea5036
ORIGINAL
kVllL- VI I~'~,1]~I--
5036
R-1
R-1
AZTEC WAY
YUMA WAY
R-1
COPPER CREEK
R--1
HAGEMAN
R-1
WAY
R-1
ROAD
R-1
D
I
R-2
R-1
16
21
M--1
'r29s, R27E
M-2PD
ORI~NAL
R-1
KRFRS ROAD
M-2PD
DEWALT-PORTER
FROM R-1 TO P
EXHIBIT B
R-2
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
)
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 8th day of October , 19 90 she
posted on the Bulletin Board at City Ball, a full, true and correct copy of
the following: Ordinance No. 3322 , passed by the Bakersfield
City Council a~ a meeting held on the 3rd day of October , 19 90,
and entitled:
CAROL WILLIAMS
CITY CLERK of ~he City of
DEPUTY City Clerk
Bakers f ieid
NSAOPD