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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. -3- 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" -4- 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