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Home My WebLink AboutORD NO 3364ORDINANCE NO. 83 6 & AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 123-23 BY CHANGING THE LAND USE ZONING FROM AN R-2-D AND AN R-3-D (LIMITED MULTIPLE FAMILY DWELLING - DESIGN OVERLAY) ZONE TO A C-2 (COMMERCIAL) ZONE ON PROPERTY LOCATED AT THE NORTHWEST CORNER OF SUMMERFIELD DRIVE AND PANAMA LANE. 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 north side of Brimhall Road approximately 1/4 mile east of Jewetta Avenue; and WHEREAS, by Resolution No. 17-91 on March 21, 1991, the Planning Commission recommended approval and adoption of an ordi- nance amending Title 17 of the Municipal Code to approve an C-2 (Commercial) Zone, as delineated on attached map marked Exhibit "B," by this Council and this Council has fully consid- ered 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-2-D and R-3-D (Limited Multiple Family Dwelling - Design Overlay) 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 the zone change should be authorized; and WHEREAS, the law and regulations relating to the prepa- ration and adoption of Negative Declarations as set forth in CEQA and City of Bakersfield Resolution 107-86 have been duly followed by the City staff and the Planning Commission; and WHEREAS, a negative declaration was posted and adver- tised in accordance with CEQA guidelines; and WHEREAS, the property is designated as GC (General Commercial) on the Metropolitan Bakersfield 2010 General Plan; and WHEREAS, the property immediately adjacent to the west is zoned C-2 (Commercial); and WHEREAS, the proposed zoning will allow development with the commercial property to the west; 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 zone changes. 2. That the proposed zone change will not have a sig- nificant adverse effect on the environment. 3. That the proposed zone change will allow orderly growth in the area. The finding is based on the following facts: 1. After a preliminary environmental assessment, it was determined that the project would not have a signif- icant adverse effect on the environment. A Negative Declaration was posted and advertised February 28, 1991. The General Plan designates this site for general commercial development. 3. Conditions of approval will reduce impacts on adja- cent multiple family residences. 4. The project is adjacent to commercial zoned property. 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 - 2. The Negative Declaration is hereby approved and adopted. 3. Section 17.060.020 (Zoning Map) of the Municipal Code of the City of Bakersfield be and the same is hereby amended by changing the land use zoning on Map No. 123-23 attached hereto as Exhibit "B" and made a part hereof, of that certain property in said City of Bakersfield, the boundaries of which properties are shown on the map as follows: FROM AN R-2-D (LIMITED MULTIPLE FAMILY DWELLING - DESIGN OVERLAY) ZONE TO A C-2 (COMMERCIAL) ZONE. Being a portion of the south half of the southwest quarter of Section 23, Township 30 South, Range 27 East, M.D.M., City of Bakersfield, County of Kern, State of California, described as follows: Beginning at the centerline intersection of Summerfield Drive and Maybrook Avenue; Thence, North 89058'42" West, along the centerline of Maybrook Avenue, 373.90 feet; Thence, departing from said centerline, South 00°01'18" West, 200.00 feet; Thence, South 89058'42" East, 373.92 feet to a point on the centerline of said Summerfield Drive; Thence, North 00000'58" East, along said centerline, 200.00 feet to the point of beginning. Containing 1.72 acres. FROM AN R-3-D (LIMITED MULTIPLE FAMILY DWELLING - DESIGN OVERLAY) ZONE TO A C-2 (COMMERCIAL) ZONE. Being a portion of the south half of the southwest quarter of Section 23, Township 30 South, Range 27 East, M.D.M., City of Bakersfield, County of Kern, State of California, described as follows: Commencing at the centerline intersection of Summerfield Drive and Maybrook Avenue; Thence, North 89058'42" West, along the centerline of Maybrook Avenue, 373.90 feet; Thence, departing from said centerline, South 00°01'18" West, 200.00 feet to the true point of beginning; Thence, continuing South 00°01'18" West, 263.76 feet to a point on the centerline of Panama Lane; 4. That the Zone Change, as outlined above, is hereby approved subject to the conditions of approval marked Exhibit "A," attached hereto and incorporated 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 .......... 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 MAY 9 2 1§§1 , by the following vote: AYES; COUNCrLMEMBERS: EOWARDS. p~MONO, SMITH, BRUNNI, PETERSON, McDERMOTt', SALVAGSIO NOES; COUNCILMEMBERS: ABSENT COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED MAY 2 2 1991 CLARENCE E. ~4EDDERS MAYOR of the City of Bakersfield APPROVED as to form: CITY ATTORNEY of the City of Bakersfield LML/meg Attachments Exhibit "A" Exhibit "B" O ORD 4 ZC.Ci.1 5/1/91 EXHIBIT A CONDITIONS OF APPROVAL e A landscape buffer 10 feet wide as measured from the back of the sidewalk, shall be provided along the south side of Maybrook Avenue from Stine Road to Summerfield Drive, and along the west side of Summerfield Drive from Maybrook Avenue to a point 1/3 the distance to Panama Lane. Landscaping shall include turf, ground cover, shrubs and evergreen trees. Trees shall be a 15 gallon size minimum and spaced no farther than 30 feet apart. A six-foot high masonry wall with contrasting cap shall be installed behind the landscaping. A 45% airspace diagonal as per section 17.04.035 of the Municipal Code shall be provided along Maybrook Avenue from Stine Road to Summerfield Drive, and along Summerfield drive from Maybrook Avenue to Panama Lane. The 45% airspace diagonal shall not pertain beyond thirty feet from the right-of-way line of Maybrook Avenue and Summerfield Drive. Freestanding signage shall not be allowed along Maybrook Avenue from Stine Road to Summerfield Drive and along Summerfield Drive. Vehicular access shall not be allowed from Maybrook Avenue between Stine Road to Summerfield Drive. Access from Summerfield Drive shall be limited to one drive approach only. Applicant shall provide verification from the office of the County Clerk of payment of filing fees for filing of a "Notice of Determination" for the benefit of the California Department of Fish and Game as required by AB 3158 (Section 10005 Public Resources Code). Approval of this project shall not be considered operative, vested, or final until such time as the required verification has been provided. Verification shall include a receipt for payment of fees and a copy of the "Notice of Determination" stamped by the County Clerk which indicates payment has been made. Prior to further subdivision or development, applicant shall pay $10,000.00 to the City for his proportionate share of future traffic signal at the intersection of Stine Road and Panama Lane or alternatives to the payment as approved by City Engineer. A comprehensive sign plan shall be approved by the Planning Commission prior to issuance of a building permit. EXHIBIT A lei A R'a-O RS R-S C-2 R-2-D C-2 A R'$ RS MH CITY OF BAKERSFIELI ZONING MAF LEGEND i23-23 R27E AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) SSo County of Kern) CAROL WILLIAMS, Being duly sworn, That she is the duly appointed, of Bakersfield; and that on the posted on the Bulletin Board at Ord±nance the following: City Council at a meeting held and entitled: deposes and says: acting and qualified City Clerk of the City 30th day of May , 19 91 she City Hall, a full, true and correct copy of No. 3364 , passed by the Bakersfield on the 22rid day of May , 1991 , NSAOPD /s/ CAROL WILLIAMS CITY CLERK of the City of Bakersfield DEPUTY City Clerk