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Home My WebLink AboutORD NO 3507ORDINANCE NO. 3 ~ 0 7' AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 102-18 BY CHANGING THE ZONING OF 7.94 ± ACRES GENERALLY LOCATED AT THE NORTH7vVEST CORNER OF HAGEMAN ROAD AND VERDUGO LANE FROM AN A-20A (AGRICULTURE-20 ACRE MINIMUM LOT SIZE) ZONE TO A C-1 (NEIGHBORHOOD 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 at the northwest corner of Hageman Road and Verdugo Lane~ and WHEREAS, by Resolution No. 61-92 on November 5, 1992, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve a zone change on the subject property from an A-20A (Agriculture-20 acre minimum lot size) zone to a C-1 (Neighborhood Commercial) zone as delineated on attached Zoning Map No. 102-18 marked Exhibit "A", 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 lot size) zone to a C-1 (Neighborhood Commercial) zone 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's CEQA Implementation Procedures have been duly followed by city staff, the Planning Commission and this Council; and WHEREAS, a Negative Declaration was advertised and posted on October 13, 1992, in accordance with CEQA; and WHEREAS, the 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. ORIGINAL 2. The provisions of California Environmental Quality Act (CEQA) have been met through the preparation of an initial study and a negative declaration which indicate no significant environmental impact will occur as a result of the proposed zone change. 3. That the proposed Zone Change No. 5368 is consistent with the Metropolitan Bakersfield 2010 General Plan. 4. The proposed zoning will not have a significant adverse effect on the environment. 5. Conditions of approval attached to the project as Exhibit "C" 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 No. 102-18) 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 "A" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "B." 4. Such zone change is hereby made subject to the conditions of approval listed in Exhibit "C." 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 adopt~d~y the Council of the City of Bakersfield at a regular meeting thereof held on $ ~ , by the following vote: ~¥ES:C.O~C,.NEI,~4~.EDWARDS, DEMOND, ~..I~[~t~ BRUNNI, KANE, MCDERIdOTT, SALVAGGIO NOES: COUNCILMF-M~ES¢3 ..................... ~'~ ~ ~. ABSENT COUNCILME MBERS: ,~/0/~1~: ' ABSTAIN COUNCILMEMBER,~' CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED FEB __ BOB PRICE MAYOR of the City of Bakersfield APPROVED as to form: LAWRENCE M. LUNARDINI CITY ATTORNEY of the City of Bakersfield res\o5368.cc -3- ORIGINAL m rtl CiTY OF 8AK£RSFIELD ZONING MAP SEC. 18 I 29s LEGEND 102 -18 EXHIBIT "B" Zone Change No. 5368 FROM AN A-20A (AGRICULTURE-20 ACRE MINIMUM LOT SIZE) ZONE TO A C-1 (NEIGHBORHOOD COMMERCIAL) ZONE: All of Lot 81 of Tract 5494 in the City of Bakersfield. recorded A0ril 21, 1992, in Book 39 of Maos at Page 82. in the Office of the Kern County Recorder. EXCEPT that portion 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 S88°56'46"W, 379.67 feet; thence along said South line, N88o56'46"E, 122.75 feet and S89o54'48"E, 309.80 feet; thence N45°26'36"E, 28.46 feet to a ooint on the East line of said Lot; thence along said East line N00o47'59"E, 280.75 feet and N2"40'12"E, 89.36 feet; thence N89o54'48"W, 460.30 feet; thence S0°05'12"W, 392.44 feet to the point of beginning. Containing 7.94 Acres, More or Less. ORIGINAL EXHIBIT Conditions of Approval Zone Change No. 5368 Local traffic mitigation fees shall be paid in accordance with GPA 4-89, Segment V. The traffic study prepared for that segment projected specific densities for the project area and analyzed the traffic generated from those densities. The applicant shall provide documentation in the form of an engineering analysis to confirm that a C-I use will not exceed the trips anticipated in the original proposal for the Polo Grounds. If the analysis indicates a higher amount of trips from the zone change area, then the subdivider/developer creating the trips shall pay additional proportionate traffic mitigation fees. 2. All applicable conditions of GPA 1-91, Segment III, shall be complied with. The previously approved drainage plan submitted for this area by the applicant required the project area to retain its drainage on-site. The City will not maintain new drainage facilities for the area, and it does not appear that capacity remains in existing facilities to accommodate drainage from the project area. Upon subdivision/development, provisions satisfactory to the City Engineer shall be provided to ensure perpetual maintenance of any required drainage facilities for the project area. ORIGINAL (Prepared October 29, 1992 - DR)