Loading...
HomeMy WebLinkAboutORD NO 3461ORDINANCE NO. 3461 AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 102-32 BY CHANGING THE ZONING OF 22.9 ACRES GENERALLY LOCATED ON THE SOUTHWEST CORNER OF BRIMHALL AND COFFEE ROADS FROM AN M-1 (LIGHT MANUFACTURING) TO A C-2 (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 on the southwest corner of Brimhall and Coffee Roads; and WHEREAS, by Resolution No. 6-92 on March 5, 1992, the Planning Commission recommended to deny the adoption of an ordinance amending Title 17 of the Municipal Code to a C-2 (Commercial) zone as delineated on attached map marked Exhibit "B" and more particularly described in 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, thereafter and within the time prescribed by Title 17 of the Bakersfield Municipal Code, Gregory Bynum of Bynum Associates filed an appeal in writing to this Council from the decision of the Planning Commission; and WHEREAS, an advertised and duly noticed public hearing on said appeal was held by and before the Council of the City of Bakersfield on WEDNESDAY, APRIL 22, 1992, at which time the Council reviewed testimony from the appellant and from others in favor of the appeal (none were opposed), and said Council fully considered the record on appeal and the testimony received; and WHEREAS, the proposed C-2 zoning is consistent with the General Commercial designation on the Metropolitan Bakersfield 2010 General Plan; and WHEREAS, conditions of approval have been recommended in the staff report in order to avoid or lessen effects of the proposed project to acceptable levels and the conditions are necessary for the public health, welfare and safety; 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 advertised and posted on January 28, 1992, in accordance with CEQA; 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 "C", attached hereto and incorporated as though fully set forth herein. 4. That the proposed Zone Change No. 5122 is consistent with the Metropolitan Bakersfield 2010 General Plan. 5. The proposed zoning, as mitigated, will not have a significant adverse effect on the environment. 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. 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 "B" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "A". -2- OR;G~4AL 4. Such zone change is hereby made subject to the conditions of approval listed in 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. .......... 000 .......... 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 l~a¥ 20, Z992 , by the following vote: COUNCILMEMDERS: EDWARDS. DeMOND, SMITH, BRUNNL'RE-T,-~R6~'N~ McDERMOTT, SALVAGGIO COUNCILMEMBERS: ~0~, - ~6STAtN: COUNCILMEMBERS' ~ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED Y~y 20, Z992 MAYOR of the City of Bakersfield APPROVED as to form: LAWRENCE M. LUNARDIN~' / CITY ATFORNEY of the City of Bakersfield JJE/pjt Attachment - Exhibits "A" through "C" -3- OR;G~NA/ Exhibit "A" Zone Change #5122 The east 701.50 feet of the northeast quarter of Section 32, Township 29 south, Range 27 east, M.D.B.&M., City of Bakersfield, County of Kern, State of California, according to the official plat thereof. Excepting therefrom the land southerly of the northwesterly line of the Cross Valley Canal. Containing 22.9 acres p:5122.ea OR;G~[4AL FP'P GITY,,~ ....... ~ ~ FP-P C-O FP-$ CiTY OF RAKERSFtELD ZONING MAP 10£-3£ LEGEND 01 ;: ........ EXHIBIT "C" Conditions of Approval Zone Change 5122 o In order to mitigate the impacts of any natural to urban land conversion on the kit fox (a Federally-listed Endangered Species), applicant/developer must follow the Advisory Notice detailing 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. (Mitigation) Construct a second southbound lane for a minimum distance of 200 feet, excluding the lane transition, on Coffee Road north of the north curb return at Brimhall Road. The pavement transition shall be in accordance with City standards. The lane shall be in operation prior to occupancy of any development on the project site. (Mitigation) Construct the south half of Brimhall Road to collector standards and the west half of Coffee Road to arterial standards adjacent to the project site. Construction shall be completed prior to occupancy of any development on the project site. In addition, the construction of Coffee Road adjacent to the project shall be completed concurrently with, or prior to, completion of the on-going City contract improvements on Coffee Road. (Mitigation) The developer shall contribute his proportionate share of the following improvements to be constructed at a later date. The proportionate shares were determined from the traffic study and addendures prepared for the project by Kunzman Associates and are to be paid at the time of building permit as follows: Widen the intersection of Coffee Road at Rosedale Highway to provide two through, one left and one right turn lane on each approach and provide a second left turn lane west to south on Rosedale Highway: (3.9 percent of $190,000 = $7,410). Widen Coffee Road to four lanes between Brimhall Road and Rosedale Highway excluding right-of-way: (14.7 percent of $212,000 = $31,164). Widen Coffee Road to six lanes between Brimhall Road and Truxtun Avenue (excluding bridge structures): (13.8 percent of $232,162 = $32,038). OR;GINAL Exhibit "C" ZC #5122 Page 2 The project shall be subject to the fee schedule dated June 22, 1988, which resulted from the conditions of approval for GPA 3-87, Segment I. The fee for this property is $272 per acre. Offers of dedication will be requffed for Brimhall Road adjacent to the project to collector standard width, for Coffee Road adjacent to the project to arterial standard width, and for the intersection of Brimhail Road and Coffee Road as an expanded arterial/collector intersection as required by the City Engineer. The developer shall provide a minimum of 10 feet of landscaping outside the road right-of-way along the south side of Brimhall Road adjacent to the project. To mitigate regional circulation impacts, this project will be subject to the fee schedule adopted by the City Council on January 29, 1992, or such higher fee as may be subsequently adopted. The fee will be paid at the time of issuance of a building permit. Appropriate credits shall be given for contributions to or construction of projects included in the January 29, 1992, projects list. p:5122.eal (Prepared April 23, 1992 - JE) 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 of Bakersfield; and that on the 22cnd day of May posted on the Bulletin Board at City Hall, a full, the City , 19 92 she true and correct copy of the following: Ordinance No. 3461 , passed by the City Council at a meeting held on the ~ day of May and entitled: Bakersfield , 19_92, /s/ CAROL WILLIAMS CITY CLERK of t[~e City of Bakersfield NSAOPD DEPUTY City"Clerk ??'