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HomeMy WebLinkAboutORD NO 3456 ~45 $ ORDINANCE NO. AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERS?IELD MUNICIPAL CODE AND ZONING MAP NO. 123-;3 BY CHANGING THE ZONING OF PROPERTY G~,NERALLY LOCATED ALONG THE SOUTHWEST CORNER OF SOUTH "H" STREET AND WHITE LANE FROM A (AGRICULTURE) TO R-2 (LIMITED MULTIPLE FAMILY DWELLING); R-2 (LIMITED MULTIPLE FAMILY DWELLING) TO C-2 (COMMERCIAL); C-2 (COMMERCIAL) TO R-2 (LIMITED MULTIPLE FAMILY DWELLING); R-3 (LIMITED MULTIPLE FAMILY DWELLING) TO R-2 (LIMITED MULTIPLE FAMILY DWELLING) AND FROM C-O (COMMERCIAL AND PROFESSIONAL OFFICE) TO C-1 (LIMITED COMMERCIAL) ZONES. WHEREAS, in 3ccordance 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 petitio~ to change the land use zoning of those certain properties in the City of Bakersfield geqerally located along the southwest corner of South "H" Street and White Lane; and : WHEREAS, by iResolution No. 4-92 on January 9, 1992, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approge changes in zoning from A (Agriculture) to R-2 (Limited Multiple Family Dwelling, 6,000 square feet minimum lot area, minimum lot area not less than 2,500 square feet per dwelling unit) on 3 +/- acres; R-2 to C-2 (Commercial) on 5.7 +/- acres; C-2 to R-2 6n 4.3 +/- acres; from R-3 (Limited Multiple Family Dwelling, 6,000 square feet n)inimum lot area not less than 1,250 square feet per dwelling unit) to R-2 on 21.7! +/- acres; and from C-O (Commercial and Professional Office) to C-1 (Li~,,ited Com~nercial) on 1.8 +/- acres as delineated on attached map marked Exhibit "A ', by this Council and this Council has fully considered the findings made by the Planning Commlssion as set forth in that Resolution; WHEREAS, the Planning Commission, as a result of said hearing, did make several general and spgcific findings of fact which warranted a negative declaration of environmental impact and !changes in zoning of the subject property from A to R-2, R-2 to C-2, C-2 to R-2, R-3 ~o R-2 and C-O to C-1 and the Council has considered said findings and all appear to be itrue and correct; and ORIGINAL WHEREAS, the law and regulations relating to the preparation and adoption of Negative Declarations as set forth in CEQA and City of Bakersfield Resolution No. 107-86 have been duly followed by city staff, the Planning Commission and this Council; and WHEREAS, a Negative Declaration with mitigation was posted on November 22, 1992 and advertised on November 25, 1991, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows residential and commercial development; and WHEREAS, the City Council has considered and hereby makes the following findings: 1. All required public notices have been given. 2. The provisions of CEQA have been followed. 3. 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. 4. That the proposed Zone Change No. 5245 is consistent with the Metropolitan Bakersfield 2010 General Plan. 5. The proposed zoning will not have a significant adverse effect on the environment. 6. Conditions of approval attached to the project as Exhibit "B" and mitigation measure shown on Exhibit "C" 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. 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. 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 17.06.020 (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, and are more specifically described in attached Exhibit "D". 4. Such zone change is hereby made subject to the conditions of approval listed in Exhibit "B" and mitigation measure shown on Exhibit "C". SECTION 2. This ordinance shall be posted in accordance with the Bakersfield Municipal Code and shall become effective not less than thirty (30) days from and after the date of its passage. -3- ORIGiNAl_ 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 APR - O 1992 , by the following vote: AYES; COL~¢fLMEMBERS: EDWAR~D~. OeMOND. SMITH, BRUNN[ PE*~RSON, McOERMOTt', SALVAO~O ~E~; COUNCILMEMBERS: ~NT COU~4LMEMBERS: No~' ASSISTANT CITY CLERK a the Council of the City of Bakersfield APR - 8 1992 APPROVED CLARENCE E. MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: LAWRENCE M. LUNARDII~I g CI~ A~ORNEY of the Ci~ of Bakersfield pjt Attachment - Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" p:ogpas4.cc -4- c-z 01 CITY OF BAKERSFIELD ZONING MAP 123-13 SEC 13 · ~Os R 27£ LEGEND '1 C-O · TO EXHIBIT "B" Conditions of Approval GPA 4-91, Segment IV ZC 5245 Public Works Right turn lanes into major entrances along South "H" Street will be required. Locations will be determined at the time of Site Plan Review. Any additional mitigation measures identified in the required traffic study shall be enacted. o Vehicular access restrictions to the project area described in the conditions of approval for Tentative Parcel Map 7353 shall remain in effect. EXHIBIT "C" Mitigation Measure GPA 4-91 Segment IV ZC 5245 In order to mitigate the impacts of any development of the site on the kit fox (a Federally-listed endangered species), the applicant must follow the Advisory Notice, derailing the Interim Mitigation Measures established for the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP). These measures are necessary to prevent unauthorized take of foxes and to offset any losses to kit fox habitat resulting from on-going construction activities. ORIGINAL EXHIBIT "D" LEGAL DESCRIPTIONS ZC 5245 THE FOLLOWING RECITALS DESCRIBE GENERAL PLAN DESIGNATIONS AND ZONING DISTRICTS RESULTING FROM THIS APPLICATION REQUEST. AREAS DESCRIBED COMBINE THE REQUESTED CHANGES WITH EXISTING AND UNMODIFIED DESIGNATIONS AND ARE GRAPHICALLY REPRESENTED AT EXHIBIT ".A". ALL SUCH AREAS ARE PORTIONS OF PARCEL MAP NO. 7353 AS RECORDED IN PARCEL MAP BOOK 31 AT PAGE 85 IN THE OFFICE OF THE KERN COUNTY RECORDER. PARC.EL MAP NO. 7353 IS A DIVISION OF A PORTION OF THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 30 SOUTH, RANGE 27 EAST, M.D.M. C-2 (Commercial) BEGINNING AT THE EAST QUARTER CORNER, SAID SECTION 13; THENCE 1) S 00°01'41" E, ON AND ALONG THE EAST LINE THEREOF, A DISTANCE OF 811.01 FEET; THENCE 2) N 89°56'50" W, A DISTANCE OF 70.02 FEET TO THE TRUE POINT OF BEGINNING; THENCE 3) N 89°56'50" W, A DISTANCE OF 932.63 FEET; THENCE 4) N 45°36'46" W, A DISTANCE OF 537.65 FEET; THENCE 5) N 44a23'14" E, A DISTANCE OF 548.41 FEET; THENCE 6) S 89°56'50" E, A DISTANCE OF 383.80 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 1951.00 FEET; THENCE 7) EASTERLY, ON AND ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 3a08'20", AN ARC DISTANCE O17 106.88 FEET, TO THE BEGINNING OF A REVERSE CURVE, CONCAVE TO THE NORTH, HAVING A RADIU:~ OF 2049.00 FEET, A RADIAL LINE THROUGH SAID BEGINNING OF REVERSE CURVE BEARS N 03:11'30" E; THENCE 8) EASTERLY, ON AND ALONG SAID CURVE, THROUGH CENTRAL ANGLE OF 3:08'20", AN ARC DISTANCE 112.25 FEET; ~ %~K~0~ ORIGINAL THENCE 9) THENCE 10) THENCE 11) S 89°56'50" E, A DISTANCE OF 325.08 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE SOUTH, HAVING A RADIUS OF 20.00 FEET; EASTERLY, ON AND ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 14°23'48", AN ARC DISTANCE OF 5.02 FEET; S 00°01'41" E, ON AND ALONG A NON-TANGENT LINE, A DISTANCE OF 761.37 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 19.77 ACRES. R-2 (Limited Multiple-Family Dwelling) BEGINNING AT THE EAST QU~RTER CORNER, THENCE 1) THENCE 2) SAID SECTION 13; S 00°01'41" E, ON AND ALONG THE EAST LINE THEREOF, A DISTANCE OF 811.01 FEET; N 89056'50" W, A DISTANCE OF 70.02 FEET TO THE TRUE POINT OF BEGINNING; THENCE 3) S 00°01'41" E, THENCE 4) N 75°09'11" W, THENCE 5) N 00°03'45" W, THENCE 6) N 75°09'11" W, THENCE 7) S 14~50'49" W, THENCE 8) N 75°09'11" W, THENCE 9) N 00~02'47" W, THENCE 10) N 75°09'11" W, THENCE 11) N 44°23'14" E, THENCE 12) S 45~36'46" E, THENCE 13) S 89~56'50" E, THE TRUE POINT A DISTANCE OF 1127.41 FEET; A DISTANCE OF 243.62 FEET; A DISTANCE OF 67.26 FEET; A DISTANCE OF 304.70 FEET; A DISTANCE OF 135.00 FEET; A DISTANCE OF 1243.25 FEET; A DISTANCE OF 155.21 FEET; A DISTANCE OF 397.55 FEET; A DISTANCE OF 1191.43 FEET; A DISTANCE OF 537.65 FEET; A DISTANCE OF 932.63 FEET TO OF BEGINNING. CONTAINING 43.14 ACRES. C-1 (Limited Commercial) BEGINNING AT THE EAST QUARTER CORNER, SAID SECTION 13; THENCE 1) THENCE 2) THENCE 3) THENCE 4) THENCE 5) THENCE 6) THENCE 7) $ 00°01'41" E, ON AND ALONG THE EAST LINE THEREOF, A DISTANCE OF 1956.91 FEET; N 75°09'11" W, A DISTANCE OF 72.43 FEET TO THE TRUE POINT OF BEGINNING; S 00°01'41" E, A DISTANCE OF 640.41 FEET; S 44°59'47" W, A DISTANCE OF 28.26 FEET; N 89°58'45" W, A DISTANCE OF 215.03 FEET; N 00°03'45" W, A DISTANCE OF 722.73 FEET; S 75°09'11" E, A DISTANCE OF 243.62 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 3.73 ACRES O,qlf31~AL ~ AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) ss. County of Kern) CAROL WILLIAMS, Being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 13th day of April , 19 92 she posted on the Bulletin Board at city Hall, a. full, true and correct copy of the following: Ordinance No. 3456 , passed by the Bakersfield City Council at a meeting held on the __~ day of 'April , 19.92 , and entitled: /s/ CAROL WILLIAMS CITY CLERK of the City of Bakersfield NSAOPD DEPUTY City Clerk