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".
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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
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EXHIBIT "C"
Conditions of Approval
Zone Change 5122
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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 ??'