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.
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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.
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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
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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