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HomeMy WebLinkAboutORD NO 3479ORDINANCE NO. 3~79 AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 102-18 BY CHANGING THE ZONING OF 5 ACRES GENERALLY LOCATED ALONG THE NORTHWEST CORNER OF VERDUGO LANE AND HAGEMAN ROAD FROM AN A-20A (AGRICULTURE-20 ACRE MINIMUM) TO A C-1 (LIMITED 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 along the northwest corner of Verdugo Lane and Hageman Road; and WHEREAS, by Resolution No. 43-92 on July 16, 1992, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve C-1 (Limited Commercial) as delineated on attached Zoning Map #102-18 marked Exhibit "B" by this Council and this Council has fully considered the findings made by the Planning Commission as set forth in that Resolution; and WHEREAS, the Planning Commission, as a result of said hearing, did make several general and specific findings of fact which warranted a negative declaration of environmental impact and changes in zoning of the subject property from an A-20A (Agriculture-20 acre minimum) to a C-1 (Limited Commercial) and the Council has considered said findings and all appear to be true and correct; and 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 April 28, 1992, 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 the proposed Zone Change No. 5331 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 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 "C". 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. -2- 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 ~vp I ~ lgg2 , by the following vote: AVES: COUNCILMEMBERS: EDWARDS, DeMONO. SMITH, gi~NN~-PETERSON, McDERMOTt, SALVAGGIO NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS: ABSTAIN~ COUNCILMEMBERS' CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED SEP 1 6 1992 CLARENCE E. MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: LAWRENCE M. LUNARBINI CITY ATTORNEY of the City of Bakersfield pjt res\o292s12.cc -3- ORIGINAL EXHIBIT "A" Conditions of Approval Zone Change No. 5331 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) To promote equestrian and vehicular safety along Hageman Road at the subject site, the equestrian trail shall be redesigned and/or relocated, or vehicular access to Hageman Road from the subject site shall be waived. This issue to be resolved prior to the approval of any final map. At the time of commercial development, the applicant shall build a block wall on the north and west sides of the commercial site. p:292s12.ea ORIGINAL N Z Ill C') "r m CITY OF BAKERSFIELD ZONING MAP 102-18 SEC 18 T 295 R Z7E. LEGENO Exhibit "C" Legal Description Zone Change #5331 All that portion of Lot 81 of Tract 5494 in the City of Bakersfield, recorded in Book 39 of maps at Page Nos. 81, 82 and 83 in the Office of the Kern County Recorder, being more particularly described as follows: Beginning at a point on the south line of said lot, from which point the southwest corner thereof bears S.88°56'46" W., 379.67 feet; THENCE along said south line, N.88°56'46" E., 122.75 feet and S.89°54'48" E., 309.80 feet; THENCE N.45°26'36" E., 28.46 feet to a point on the east line of said lot; THENCE along said east line N.00°47'59" E., 280.75 feet and N.2°40'12" E., 89.36 feet; THENCE N.89°54'48" W., 460.30 feet; THENCE S.0°0512" W., 392.44 feet to the point of beginning. Containing 4.075 acres, more or less. p:292s12.1d ORIGINAL 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 18th day of September , 19 92 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3479 City Council at a meeting held on the 16th and entitled: , passed by the Bakersfield day of SeDtember , 1992 , NSAOPD /s/ CAROL WILLIAMS CITY CLERK of the City of Bakersfield DEPUTY City Clerk