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Home My WebLink AboutORD NO 3372ORDINANCE NO. 8 3 ? 2 AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY AMENDING CONDITION NO. 4 SET FORTH IN ORDINANCE NO. 3309 RELATED TO ZONE CHANGE 5027. 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 amend a condition of approval of zone change 5027, where such amendment would allow a break/traffic worm in the Bernard Street median at a location 400 +/- to 500 +/- feet east of Mt. Vernon Avenue; and WHEREAS, by Resolution No. 29-91 on April 18, 1991, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to modify condition No. 4 related to a street median which had been required under Ordinance No. 3309, listed in Exhibit "A," attached hereto and a made a part hereof, 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 project does not have the potential for causing a significant effect on the environment and under the California Environmental Quality Act Guidelines "general rule" (Section 15061 State Administrative Code) is exempt from 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 changes in zoning of said properties, that said condition of approval to zone change 5027 should be authorized; and WHEREAS, the provisions of CEQA have been followed; 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 amendment. 2. This proposed amendment to the zoning ordinance is consistent with the Metropolitan Bakersfield 2010 General Plan. 3. That all required public notices have been given. NOW, T~EREFORE, 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. That the requested amendment to Condition No. 4 as set forth in Ordinance No. 3309, hereto attached as Exhibit "A" and made a part hereof, is hereby amended to read as follows: Construct a median island in Bernard Street from Mt. Vernon Avenue to 100 feet east of the east project boundary. A traffic worm shall be constructed in the Bernard Street median at a location 400 +/- to 500 +/- feet east of Mt. Vernon Avenue. 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 JUN - 5 1991 , by the following vote: AYES; COUNCILMEMBERS: EDWARDS, D.e~ION, B, SMITH, BRUNNI. PETERSON, McOERMOrr, SALVAGGIO NOES; COUNCILMEMBERS: ABSENT COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS' CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED MAYOR of the City of Bakersfield APPROVED as to form: LAWRENCE M. LUNARDINI CITY ATTORNEY of the City of Bakersfield LCM/meg Attachments Exhibit "A" Exhibit "B" O ORD 4 ZC.AMEND.1 5/14/91 - Ord. #3~0[ N.S. - Map - Z.C. 5148 ORDINANCE NO. 3309 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 GENERALLY LOCATED ALONG THE NORTHEAST CORNER OF MT. VERNON AVENUE AND BERNARD STREET FROM AN R-1 CH (ONE FAMILY DWELLING-Church) ZONE TO A C-2 (COMMERCIAL) ZONE ON 3.88 ACRES. 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 at the northeast corner of Mt. Vernon Avenue and Bernard Street; and WHEREAS, by Resolution No. 28-90 on July 5, 1990, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve a C-2 (Commercial) Zone on 3.88 acres, as delineated on map marked Exhibit "B", attached hereto and incorporated herein as though fully set forth, by this Council and this Council has fully con- sidered 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 in zoning of the subject property from an R-1 CH (One Family Dwelling-Church) Zone to a C-2 (Commercial) Zone, an6[ 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 8, 1990 in accordance with CEQA (Zone Change #5027 file); 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 EXHIBIT A W~EREAS, the required public notices have been given; and W~EREAS, 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 rezoning is consistent with the Bakersfield Metropolitan 2010 General Plan, subject to prior approval of GPA 2-90 Segment III and 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. 4. With traffic mitigation, the Level of Service (LOS) on Bernard Street will not degrade below LOS "C". 5. With adequate acoustical insulation, fencing or other sound mitigation, noise levels can be reduced to less than 60 dB CNEL. NOW, THEREFORE, BE IT ORDAINHD 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 A R-1 CH (ONE FAMILY DWELLING- CHURCH) TO A C-2 (COMMERCIAL) ZONE: The south half of the southwest quarter of the southwest quarter of the northwest quarter of Section 22 in Township 29 south, Range 28 east, M.D.B.&M., in the City of Bakersfield, County of Kern, State of California, according to the ~ 2 - Official Plat of the survey of said land approved by the Surveyor General on February 28, 1855. Containing 3.88 net 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 .......... I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Eakersfield at a regular meeting thereof held on AUG 2 2 1990 following vote: , by the AYES; COUNCILMEMBERS: EDWARDS. D~MOND. SMITH, BRUNNI P[TERSON, McDERM017' ~ALVAGGIO NOES; COUNCILMEMBERS: A/~,A/&r ' , ABSENT COUNCILMEMBERS: /V'o ~J~ ABSTAIN: COUNCIl,MEMBERS' A/O/J~ /s/ Carol Williams CITY CLERK and Ex Officio Clerk of Council of the City of Bakersfield the APPROVED AUG 2 2 1990 /s/ Clarence E. Medders CLARENCE E. MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: /s/ Arthur J. Saalfield ARTHUR J. SAALFIELD CITY ATTORNEY of the City of Bakersfield LCM/meg Attachments Exhibit "A" Exhibit "B" 00RD 4 ZC-C2.1 8/01/90 - 4 - EXHIBIT A Conditions of Approval Zone Change 5027 3309 Public Works Modify the westbound lanes of Bernard Street by restriping said street to provide two left-turn lanes, one through lane and one right-turn lane. e Provide offers of dedication within the GPA area to allow for the construction of an expanded intersection for both Mr. Vernon Avenue (1/2 width) to arterial standards from Bernard Street to the north boundary of the project and of Bernard Street (1/2 width) to collector standards from Mr. Vernon Avenue to the east boundary of the project. Additional dedi- cation beyond the city standard expanded intersection may be required along the project frontage of the north side of Bernard Street due to the lack of additional available right- of-way width along the south side of Bernard Street in this area. All offers of dedication, fully executed, shall be submitted to the city prior to development or subdivision within the GPA area. An agreement shall be entered into between the applicant and the city and security shall be posted for the construction of the expansion of the north side (west bound) of Bernard Street from Mr. Vernon Avenue to the east boundary of the project area and for the east side (north bound) of Mt. Vernon Avenue from Bernard Street to the north boundary of the project. If within two years the above-mentioned street improvements are determined by the city to be necessary, the applicant shall construct such improvements. Construct a median island in Bernard Street from Mt. Vernon Avenue to 100 feet east of the east project boundary. Breaks in this median will not be allowed. Any modifications required to be made to traffic signal sys- tems as a result of this GPA shall be paid totally by the applicant. Landscaping shall be reviewed during the site plan review process. All landscaping within city right-of-way shall be maintained by the property owner. Construct transition areas as required by the City Engineer for all approaches to and departures from the new ultimate paved area. Exhibit "A" Conditions of Approval Page 2 Sewer service is available to the site. A sewer connection fee shall be paid prior to issuance of a building permit. The fee will be based upon the current adopted charges at the time of issuance of the building permit. 9. Street light locations and quantities shall be determined during the site plan review process. 10. All street paving sections are to be determined based on R- value tests, the number and location to be determined by the City Engineer, and using traffic index values established by the Traffic Engineer. ll. The applicant shall verify that the existing storm drainage facilities are adequate for the GPA area. A drainage plan of the site shall be approved prior to subdivision or development. Drainage fees may be required at the time of subdivision or development. 12. Location of drive approaches to Bernard Street and, if allowed, to Mr. Vernon Avenue shall be determined during the site plan review process. 13. During the site plan review process, a review of the Mr. Vernon Avenue access and associated frontage road at the north boundary of the project will be performed. Elimination of this access may be required. p/s3ea ORIGINAL ~EX!!IBIT B ZONE CHANGE 5027 of Ord. 3309 I I I P.C~. I I BERNARD ~l~..~l i R-i--OH -- -- -- 4 R-3--D N--~ ~ N-~ N-~ R--1 im ~ m m ~ ....., ~:~ ~--=~ I~)~IE ROAD 4oo R-~ I BRYAN HAUPT ,~ 1'29S, R2BE 2601 biT. VERNON AVE. FROM R-1-CH 'TO C-2 ZONE CHANGE 5148 · ' t ~JECT ~TE%EDI~,N . .,,..",z _:b°_ _, · R-3-D I R-I-CH I T29S, R28E EXHIBIT B AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) ss. 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 the following: Ordinance City Council at a meeting held and entitled: deposes and says: acting and qualified City Clerk of the City 10th day of June , 1991 she City Hall, a full, true and correct copy of No. 3372 , passed by the Bakersfield on the 5th day of June 1991 , NSAOPD /s/ CAROL WILLIAMS CITY CLERK of the City of Bakersfield DEPIJTY City Clerk