HomeMy WebLinkAboutORD NO 3471iORDINANCE NO. 3471
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSglELD MUNICIPAL CODE AND ZONING
MAP NO. 102-~6 BY CHANGING THE LAND USE
ZONING OF THOSE CERTAIN PROPERTIES IN THE
CITY OF BAKERSFIELD GENERALLY LOCATED ALONG
THE NORTH SIDE OF PARK WAY AND EAST OF OAK
STREET FROMR-2 (LIMITED MULTIPLE FAMILY
DWELLING) TO C-1 (LIMITED COMMERCIAL)
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 petitioh to change the land use zoning of those certain properties
in the City of Bakersfield I
gen!erally located along the north side of Park Way and east of
Oak Street; and
WHEREAS, by Resolution No. 45-92 on January 23, 1992, the Planning
Commission failed to take any action on an ordinance amending Title 17 of the
Municipal Code to approve al change in zone to C-2 on .9 acre; and
WHEREAS, this Council has fully considered the evidence presented and
public testimony by City staff land general public as set forth in the staff report and
Planning Commission; and
WHEREAS, tha City Council, as a result of public testimony and
evaluation of the complete ptlblic record, did make several general and specific findings
of fact which warranted a negative declaration of environmental impact and changes in
zoning of the subject propert~ from R-2 to C-1 and the Council has considered all the
public testimony, environmental documentation, comments from responsible agencies;
and
WHEREAS, th~ 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 t/een duly followed by city staff, the Planning Commission
and this Council; and ~
WHEREAS, a Negative Declaration with mitigation was advertised and
posted on November 21, 199~, in accordance with CEQA; and
WHEREAS, th~ general plan designation for this area allows commercial
development; and :
ORIGINAL
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 the proposed Zone Change No. 5243 is consistent with the
Metropolitan Bakersfield 2010 General Plan.
4. The proposed zoning, as mitigated, will not have a significant adverse
effect on the environment.
5. Conditions of approval attached to the project as Exhibit "A" 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 City staff 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, as follows: From an R-2
(Limited Multiple Family Dwelling) to a C-1 (Neighborhood Commercial) containing
4,920 square feet, more or less (Exhibit "C" legal description attached).
4. Such zone change is hereby made subject to the conditions of approval
listed in Exhibit "A".
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.
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
July l, 1992 , by the following vote:
AvEs. COUIVCsLll/EMBERS EDWAROS. DeMOND. ~MITH. 8fi,UNNJ~f[EIE~OI~--Iff.~.~y'_~?~. $ALVAGGIO
NOES: COUNCILMEMBEflS ~~1 ~ ~ -
ABSENT COUNCILMEMBERS: ~/
ABSTAIN: COUNCILMEMBERS' ~
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED July 1, 1992
CLARENCE E. MEDDERS
MAYOR of the City of Bakersfield
APPROVED as to form:
CITY ATTORNEY of the City of Bakersfield
pjt
Attachments - Exhibits "A" - "C"
p:o5243.cc
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ORIGINAL
EXHIBIT "A"
Conditions of Approval
ZC 5243
Planning:
A six-foot chain link with slat fence or block wall shall be constructed along the
west side of the new alley, and a six-foot block wall, four feet in the front, a yard
setback, shall be constructed along the east side of the alley.
2. No access to the commercial site shall be permitted from the alley.
The ten-foot area between the new alley and the property to the east shall be
granted to the property owner to the east.
Public Works:
The developer of the project site shall pay two percent of the cost of widening
California Avenue at Oak Street, including relocation of any existing
improvements, for a westbound to northbound right turn lane. The cost shall be
based upon an engineer's estimate provided by the developer and approved by the
City Engineer. Should the project consist of a development generating more
traffic than the project described in the traffic report (a fast food restaurant of
4,000 square feet), then a modification to this percentage and/or additional
mitigation measures may be necessary.
The developer of the project site shall install a 2-inch diameter traffic signal
conduit and pull boxes from the southeast corner of California Avenue and Oak
Street to the northeast corner of Oak Street and Chester Lane for future traffic
signal coordination interconnect. The conduit shall be installed within one year
of approval of the GPA or prior to obtaining a building permit for the project
site, whichever occurs first.
The abandonment of the portion of the existing east-west alley between California
Avenue and Park Way within the project site is approved provided a new access
to the westerly termination of this alley is dedicated and improved. The new alley
alignment shall have a minimum width of 25 feet and shall meet Municipal Code
sight distance requirements. The alley shall have a width of 20 feet of pavement.
An easement will be required along the original alley alignment for the existing
sewer line and other public utilities.
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ORIGINAL
Exhibit "A"
Zone Change 5243
Page 2
10.
11.
Access to Oak Street shall be limited to one point and shall be constructed with
20' curb returns. The location of this point shall be approved by the City
Engineer at the time of site plan review.
Access to California Avenue shall be limited to one point for egress only and
shall be constructed with 20' curb returns. The location of this point shall be
approved by the City Engineer at the time of site plan review.
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, 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)
No access to or from the site shall be permitted from Park Way.
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ORIGINAL
EXHIBIT "C"
Legal Description
Zone Change #5243
Being a portion of Lot 15 of Block 4 of Sunset Park, in the City of Bakersfield, County
of Kern, State of California, as per map recorded in Book 3, Page 117 of Maps in the
Office of the County Recorder. Also being a portion of the Northwest Quarter of
Section 36, T.29S., R.27E., M.D.B.&M., more particularly described as follows:
Beginning at the northwest corner of said Lot 15;
THENCE (1) S.00°01'40" W., along west line of said Lot 15, a distance of 123.14 feet, to
a point on the north right-of-way line of Park Way;
THENCE (2) along the north right-of-way line of Park Way, S.89°49'30" E., 40 feet;
THENCE (3) N. 00001'40" E., 112.91 feet;
THENCE (4) N. 44°55'39" E., 14.17 feet to the northeast corner of said Lot 15;
THENCE (5) N. 89°49'30" W., 50 feet to the Point of Beginning.
p:5243.ec
CiTY OF BAK£ fISF IELg
o~ .... ~, ZONING MAP iO2- :56
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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 14th day of 3uly , 19 92 she
posted on the Bulletin Board at City Hall, a full, true and correct copy of
the following: Ordinance No. 3471
City Council at a meeting held on the 1st
and entitled:
, passed by the Bakersfield
day of July , 19 92,
/s/ CAROL WILLIAMS
CITY CLERK of the City of Bakersfield
NSAOPD
D-~PUTY City C]ferk ,3 ,