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Home My WebLink AboutORD NO 3398ORDINANCE NO. 3 3 9 8 AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND CITY ZONING MAP NO. 102-20 BY CHANGING THE LAND USE ZONING OF THOSE CERTAIN PROPERTIES IN THE CITY OF BAKERSFIELD CONSISTING OF 7 +/- ACRES GENERALLY LOCATED ALONG THE WEST SIDE OF COFFEE ROAD BETWEEN MAIN PLAZA DRIVE (PROPOSED STREET NAME) AND THE FRIANT-KERN CANAL FROM A R-1 (ONE FAMILY DWELLING) ZONE TO A C-1 (LIMITED COMMERCIAL) ZONE. 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 Coffee Road between Main Plaza Drive (proposed street name) and the Friant-Kern Canal; and WHEREAS, by Resolution No. 50-91 on June 20, 1991, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve a change in zone district from an R-1 (One Family Dwelling) to a C-1 (Limited Commercial) zone, as delineated on attached map marked Exhibit "D", 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 R-1 (One Family Dwelling) to a C-1 (Limited Commercial) 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 commercial development; and WHEREAS, the required public notices have been given; 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 conditioned in Exhibit "B", attached hereto and incorporated as though fully set forth herein. 2. That the proposed rezoning is consistent with the Metropolitan Bakersfield 2010 General Plan and the Riverlakes Ranch Specific Plan, subject to prior approval of GPA 2-91, Segment VI 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 "D" attached hereto and made a part hereof, as follows: 2 FROM AN R-1 (One Family Dwelling) TO A C-1 (Limited Commercial): Containing 17.37 acres gross, more or less (Exhibi.t "A" legal description). 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 .......... 3 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 1991 , by the following vote: AYES: COUNCiLMEMBERS: EDWARA,~,~,~MOND, SMITH, BRUNNI, PETERSON, McOERMOl'T, $ALVAGGIO NOES; COUNCILMEMBERS: ABSENT COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS' CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED AUG 2 8 1991 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.S6 EXHIBIT "A" Zone Change 51~8 Legal Description BEING ~.~. THAT PORTION OF SECTION 20, TOWNSHIP 29 SOUTH, RANGE :!7 EAST, MOUNT DIABLO MERIDIAN, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOW.~;: BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION 20, SAID CORNER BEING ON THE CENTERLINE OF COFFEE ROAD AND ALONG SAID CENTERLINE THE FOLLOWING THREE (3) COURSES; (1) S 00°26'14" W, 331.45 FEET TO THE BEGINNING OF A 1500.00 FOOT RADIUS TANGENT CURVE CONCAVE WESTERLY; THENCE (2) SOUTHERLY ALONG SAID CURVE AN ARC LENGTH OF 137.12 FEET THROUGH A CENTRAL ANGLE OF 05°14' 15"; THENCE (3) THENCE (4) S 05°40'29" W, 28.83 FEET; N 84"19'31" W, 55.00 FEETTO THE NORTHEASTERLY RIGHT OF WAY LINE OFT HE FRIANT-KERN CANAL AND THENCE ALONG SAID CANAL RIGHT OF WAY T~[E FOLLOWING THREE COURSES; THENCE THENCE THENCE (5) N 49"51'36" W, 530.40 FEET; (6) N 41°33'01" W, 88.98 FEET; (7) N 39"07'22" W, 273.86-FEET; (8) DEPARTING SAID CANAL RIGHT OF WAY N 28"21'37" E, 916.65 FEET; (9) N 00"09'38" W, 317.09 FEET; (10) N 03~38'38" E, 61.00 FEET TO A POINT ON A 1000.00 FOOT RADIUS NON-TANGENT CURVE CONCAVE NORTHERLY AND FROM WHICH POINT A RADIAL LINE BEARS N 03"38'38" E; THENCE THENCE (11) EASTERLY 56.22 FEET ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 03"13'17,,; (12) S 89"34'39" E, TANGENT TO THE LAST SAID CURVE 220.01 FEET, TO A POINT ON THE EAST LINE ON SECTION 2O; THENCE (13) ALONG SAID EAST LINE OF SECTION 20 S 00"25~56~ W, 1310.44 FEET TO THE POINT OF BEGINNING. CONTAINING 17.37 ACRES GROSS, MORE OR LESS. Exhibit "B" Conditions of Approval Zone Change 5158 Conditions of approval of General Plan Amendment 1-90, Segment III, Riverlakes Ranch/Unibell Specific Plan, Riverlakes Ranch/Unibell Specific Plan (Zone Change 5149) and Zone Change 5094 are applicable to subject sites either whole or in part. Construct a chainlink fence along the subject site canal interface. Said fence shall be constructed to standards specified by the Bureau of Reclamation, as shown on Exhibit o Applicant shall "Provide a Consent Agreement from Pacific Gas and Electric prior to issuance of any permits for any devel- opment within any PG&E transmission line easement." Division of Oil and Gas The Division recommends that no structure or roadway be built over or in proximity (within 10') to these abandoned well locations. It may be necessary to uncover these wells and check for leakage. Any such operation shall be witnessed and approved by this office. The potential for future hydrocarbon exploration should be considered. Access should be maintained for future explora- tion and potential oil and gas development. Establishing open areas, such as drilling islands, is one method of allow- ing for potential exploratory drilling. This office must be notified if excavation or grading opera- tions uncover a previously unknown oil well. Remedial opera- tions may be required. Public Works In the event future development of the 8.7 acre site results in a desire or need for a signalized intersection at Downing Avenue and Coffee Road, the developer will be required to contribute a minimum of 1/4 of the signal cost. Such payment shall be made at the time of development of the commercial site. p/srs6ea CITY OF BAKERSFIELO ZONING MAP i02 20 H 2 I'!1 L~-G£ND AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) ss. County of Kern) CAROL WILLIAMS, Being duly sworn, That she is the duly appointed, acting and of Bakersfield; and that on the 30th day posted on the Bulletin Board at City Hall, deposes and says: qualified City Clerk of August a full, true the following: Ordinance No. 3398 , passed City Council at a meeting held on the 28th day of of the City 19 91 she and correct copy of by the Bakersfield August 19 91 , and entitled: /s/ CAROL WILLIAMS CITY CLERK of the City of Bakersfield DEPUTY City Clerk NSAOPD