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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