HomeMy WebLinkAboutORD NO 3394ORDINANCE NO. 889 4
AN ORDINANCE AMENDING TITLE
SEVENTEEN OF THE BAKERSFIELD
MUNICIPAL CODE BY CHANGING THE LAND
USE ZONING OF THOSE CERTAIN
PROPERTIES IN THE CITY OF
BAKERSFIELD AND CITY ZONING HAP NO.
103-22 CONSISTING OF 0.94 ACRES
GENERALLY LOCATED ALONG THE WEST
SIDE OF OSWELL STREET BETWEEN
BERNARD STREET AND PICO AVENUE FROM
R-3D (LIMITED MULTIPLE FAMILY
DWELLING, ARCHITECTURAL DESIGN) TO
C-O (COMMERCIAL AND PROFESSIONAL
OFFICE) ZONES.
WHEREAS, in accordance with the procedure set forth in
the provisions of Title 17 of the Municipal Code of the City of
Bakersfield, the Planning Commission held a public hearing on a
petition to change the land use zoning of those certain
properties in the City of Bakersfield generally located along the
west side of Oswell Street between Bernard Street and Pico Avenue
and
WHEREAS, by Resolution No. 44-91 on June 20, 1991,
the Planning Commission recommended approval and adoption of an
ordinance amending Title 17 of the Municipal Code to approve Zone
Change 5126 from R-3D (Limited Multiple Family Dwelling,
Architectural Design) to C-O (Commercial and Professional Office)
zones as delineated on attached map marked Exhibit "A", 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 changes in zoning of the subject property from H-3D (Limited
Multiple Family Dwelling, Architectural Design) to C-O
(Commercial and Professional Office) zones 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 with mitigation was
advertised and posted on May 30, 1991, in accordance with CEQA;
and
WHEREAS, the City Council has determined after due
consideration 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 changes should be authorized; and
WHEREAS, the general plan designation for this area
allows office commercial development; and
and
WHEREAS, the required public notices have been given;
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
conditioned in Exhibit "A", attached hereto and incorporated as
though fully set forth herein.
2. That the proposed rezoning is consistent with the
Metropolitan Bakersfield 2010 General Plan, subject to prior
approval of GPA 2-91, Segment I and conditions of approval listed
in the attached Exhibit "B".
3. The project would not have a significant adverse
effect on the environment.
4. Conditions of approval attached to the project as
Exhibit "B" are included in the project to minimize and/or
mitigate impacts, and to ensure that the density allowed by the
general plan is not exceeded.
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. The Negative Declaration is hereby approved and
adopted.
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 "A" attached hereto and made a part hereof, as follows:
- 2 -
FROM A R-3-D (LIMITED MULTIPLE-FAMILY
DWELLING) TO A C-O (COMMERCIAL AND
PROFESSIONAL OFFICE) ZONE:
Parcel 2 of Parcel Map 5339 in the City of
Bakersfield, County of Kern, State of
California, as per map recorded July 13, 1979
in Book 23, Page 38 of Parcel Maps.
4. Such zone change is hereby made subject to the
conditions of approval listed in Exhibit "B".
SECTION 2.
This ordinance shall be posted in accordance with the
Bakersfield Municipal Code provisions and shall become effective
not less than 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 AU8 2 8 ]991 , by the
following vote:
AvES: COUNCILMEMBERS: EDWARDS, DeMOND, SMITH, BRUNNI, PETERSON, McDERMOTt, SALVAGGIO
NuES: COUNCILMEMBERS:
AgSENT COUNCiLMEMBERS:
A~TAIN: COUNCILMEMBERS'
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED AU8 2 8 ]99]
CLARENCE E. MEDDERS
MAYOR of the City of Bakersfield
APPROVED as to form:
LAWRENCE M. LUNARDINI
CITY ATTORNEY of the City of Bakersfield
pjt
a:CCO.S1ZC
- 4 -
N
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2:
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CITY OF BAKERSFIELD
ZONING MAP 103-22
SEC. 22 I ~9s R 28E
LEGEND
EXHIBIT "B"
Conditions of Approval
GPA 2-91, Segment I
Zone Change 5126
Prior to site development, applicant shall submit a
comprehensive sign plan to the Planning Commission for
approval.
Building height shall be limited to two stories. Any second
story windows overlooking residential use shall comply with
the overlook policy. Overlook protection shall apply for
the property to the west for present and future development.
Provide landscaping to a minimum depth of 10 feet behind the
sidewalk in order to approximately match landscaping depth
to the multi-family dwellings south of the site.
The perimeter of the rear yard shall be landscaped with
large crown evergreen trees placed 30 feet on center to
screen subject site, buildings and mechanical devices from
view of residences to the south and west of the site.
All lights indoor and outdoor shall be limited in mounting
height and shielded to prohibit glare and the illumination
upon adjacent properties and right-of-way.
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: Ord±nance
City Council at a meeting held
and entitled:
deposes and says:
acting and qualified City Clerk of the City
30th day of August , 19 91 she
City Hall, a full, true and correct copy of
No. 3394 , passed by the Bakersfield
on the 28th day of August , 19 91
/s/ CAROL WILLIAMS
CITY CLERK of the City of Bakersfield
D~:PUTY City Clerk
NSAOPD