HomeMy WebLinkAboutORD NO 3484ORDINANCE NO. 3484
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND ZONING
MAP NO. 102-36 BY CHANGING THE LAND USE
ZONING OF THAT CERTAIN PROPERTY IN THE CITY
OF BAKERSFIELD GENERALLY LOCATED ALONG THE
NORTH SIDE OF PARK WAY AND EAST OF OAK
STREET FROM R-2 (LIMITED MULTIPLE FAMILY
DWELLING) TO C-1 (LIMITED COMMERCIAL)
WHEREAS, in accordance with the procedure set forth in the provisions of
Tifie 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 that certain property in
the City of Bakersfield generally 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 a change in zone to C-2 on 4,920 square feet; and
WHEREAS, by Zoning Resolution No. 406 on June 24, 1992, the City
Council for the appeal hearing on April 18, 1992, did uphold staff's recommendation to
approve C-I instead of C-2 on .9 acres; and
WHEREAS, this Council adopted Ordinance No. 3471 on July 1, 1992,
changing the land use zoning of this property with conditions; and
WHEREAS, some conditions contained within Ordinance No. 3471 were
added at the second reading without notification to the applicant; and
WHEREAS, the applicant has requested a reconsideration of Ordinance
No. 3471; and
WHEREAS, this Council has fully considered the evidence presented and
public testimony by City staff and general public as set forth in the staff report and
Planning Commission; and
WHEREAS, the City Council, as a result of public test'anony and
evaluation of the complete public 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 property from R-2 to C-1 and the Council has considered all the
public testimony, environmental documentation, comments from responsible agencies;
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 November 21, 1991, in accordance with CEQA; and
WHEREAS, the proposed general plan designation for this area allows
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. 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.
6. It is in the best interests of the public to reconsider Zoning
Ordinance No. 3471 within 12 months of its approval; and
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.
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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
$1;p 3 0 J-q92 , by the following vote:
~qM'ES: COUNCILMEMBERS: EDWARDS. OeMOND. $MIT.~H, BRUNNI, I~:~L~#~IN. Mq:DERMO'tl', 9ALVAG~10
iNOES: COUNCILMEMBERS: ~;~J,O ~ ~ --
~ABSENT COUNCILMEMBERS: ~: Vff..~.~o~
~SSTAIN: COUNCILMEMBERS' ~0~
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED ~EP ~ 0 10~z
MAYOR of the City of Bakersfield
APPROVED as to form:
~'-, LAWRENCE M. LUIqARDINI
CITY ATTORNEY of the City of Bakersfield
pjt
Attachments -
p:o5243.cc
Exhibits "A" - "C"
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ORiGiNAL
AMENDED EXHIBIT "A"
Conditions of Approval
Zone Change 5243
Planning:
A landscape area five feet wide with a four-foot high, chainlink with slat fence or block wall,
subject to the approval of the Planning Director, shall be constructed along the west side of the
new alley and a six-foot high block wall, four-foot high in the front yard setback shall be
constructed along the east side of the alley.
2. No access between the commercial site and the alley shall be permitted.
The applicant shall offer approximately ten feet of additional property excluding the alley cut-off,
to the adjoining residential property and that the additional ten feet of side yard remain
residential.
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 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 Park Way for future traffic signal coordination interconnect. The conduit shall be
installed or prior to subdivision or 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 20
feet and shall meet Municipal Code sight distance requirements.
An easement will be required along the original alley alignment for the existing sewer line and
other public utilities.
Access to Oak Street shall be limited to a maximum of two points for both ingress and egress and
shall be constructed with 20' curb returns. The location of access 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 both ingress and egress 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.
Amended F~xhibit "A"
Zone Change 5243
Page 2
10.
11.
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)
Access to Park Way shall be limited to one point for both ingress and egress and shall be
constructed with 20-foot curb returns. The location of this point shall be approved by the City
Engineer at the time of site plan review.
p:5243.ex
~e)__~ CITY OF BAKERSFIELD ,.
_.o. ZONING MAP 102- 36
LEGEND
EXHIBIT "C"
Legal Description
Zone Change #5243
Being a portion of Lot 15 of Block 4 of Sunset Park. in the Ciw of Bakersfield. County
of Kern. State of California, as per map recorded in Book 3. P~ge 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. 44055'39" E., 14.17 feet to the northeast corner of said Lot 15;
THENCE (5) N. 89049'30" W., 50 feet to the Point of Beginning.
p:5243.ec '.-
ORtGI*~JAL
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 Bakersfield; and that on the 15th day of October
posted on the Bulletin Board at City Hall, a full, true
the following: Ordinance No. 3484 , passed
City Council at a meeting held on the 3Oth day of
and entitled:
of the City
19 92 she
and correct copy of
by the Bakersfield
September , 19 92 ,
NSAOPD
/s/ CAROL WILLIAMS
CITY CLERK of the City of Bakersfield