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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 Z m 2: Z m 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