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.
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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
~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
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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.
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ORIGINAL
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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.
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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