HomeMy WebLinkAboutORD NO 3776ORDINANCE NO. 3 ? ~ 6
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP
NO. 123-24 BY CHANGING THE ZONING OF 3.25 ACRES
GENERALLY LOCATED ON THE NORTHWEST (2.27
ACRES) AND NORTHEAST (.98 ACRES) CORNERS OF
PANAMA LANE AND FORTUNE STREET, EAST OF
WIBLE ROAD FROM A C-1 (NEIGHBORHOOD
COMMERCIAL) ZONE ON 2.27 ACRES AND AN R-2
(LIMITED MULTIPLE FAMILY DWELLING) ZONE ON .98
ACRES TO A PCD (PLANNED COMMERCIAL
DEVELOPMENT) ZONE ON A TOTAL OF 3.25 ACRES
FOR DEVELOPMENT OF A 2,414 SQUARE FOOT FAST
FOOD RESTAURANT ON THE EASTERLY PORTION OF
THE SITE.
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 on the northwest (2.27 acres) and
northeast (.98 acres) corners of Panama Lane and Fortune Street, east of Wible Read;
and
WHEREAS, by Resolution No. 37-97 on May 15, 1997, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17
of the Municipal Code to approve zone change of the subject property from a C-1
(Neighborhood Commercial) zone on 2.27 acres and an R-2 (Limited Multiple Family
Dwelling) zone on .98 acres to a P.C.D. (Planned Commercial Development) zone on a
total of 3.25 acres for development of a 2,414 square foot fast food restaurant on the
easterly portion of the site, as delineated on attached Zoning Map No. 123-24 marked
Exhibit "1", by this Council and this Council has fully considered the recommendations
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
a C-1 (Neighborhood Commercial) zone on 2.27 acres and an R-2 (Limited Multiple
Family Dwelling) zone on .98 acres to a P.C.D. (Planned Commercial Development)
zone on a total of 3.25 acres for development of a 2,414 square foot fast food
restaurant on the easterly portion of the site 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, Planning
Commission and this Council; and
WHEREAS, a Negative Declaration was advertised and posted on Ma~r~ ....~.
18, 1997, 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
fbllowing findings:
1. All required public notices have been given.
2. The provisions of CEQA have been followed.
3. Based on an initial study, staff determined the proposed project will
not significantly affect the physical environment in the area and issuing a Negative
Declaration is adequate.
4. The proposed zone change is consistent with the Metropolitan
Bakersfield 2010 General Plan.
5. The proposed planned commercial development zone and
preliminary development plan are consistent with the general plan and objectives of
Title 17 of the Bakersfield Municipal Code.
6. The proposed development will constitute a commercial
environment of sustained desirability and stability, and it will compliment and harmonize
with the character of the surrounding neighborhood and community.
7. The proposed development justifies exceptions from the normal
application of this code in that it integrates such elements as the location of structures,
cimulation pattern, parking, landscaping and utilities, together with a program for
provision, operation and maintenance of all areas, improvements, facilities and services
provided on the property.
SECTION 1,
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 are shown on Zoning
Map. No. 123-24 marked Exhibit "1" attached hereto and made a part hereof, and are
more specifically described in attached Exhibit "2".
4. Such zone change is hereby made subject to the conditions of
approval listed in attached Exhibit "3".
ORIGINAL
SECTION 2.
This ordinance shall be posted in accordance with the Bakersfield
Municipal Code and shall become effective not less than thidy (30) days from and after
the date of its passage.
..... o0o .......
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
JUN 2 5 1997 , by the following vote:
AYES: COUNCILMEMBER DelVlOND, CARSON, SMITH, McDERMOTT, ROWLES, SULLIVAN, SALVAGGIO
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
N3SENT: COUNCILMEMBER
CITY CLERK and Ex Officio O. Jbrk of the
Council of the City of Bakersfield
JUN 2 5
APPROVED
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY SKOUSEN
CITY ATTORNEY
res~oz0978-cc
DR/pjt
May 16, 1997
MH
CITY OF BAKERSFIELD
ZONING MAP 123 24
SEC 24 T ~,os H 27~
EXHIBIT "2"
Legal Description
Zone Change No. P96-0978
PARCEL1:
The Northerly 130 feet of the W% of the SW% of the SW¼ of Section 24, Township 30 South,
Range 27 East, M.D.B.&M., in the City of Bakersfield, County of Kern, State of California, as per
the Official Plat thereof on file in the Office of the Surveyor General.
EXCEPTING THEREFROM % of all oil, gas and other minerals within or underlying said land, or
that may be produced and saved therefrom providing that the grantor, his successors and assigns
shall not conduct ddlling or other operations upon the surface of said land, but nothing herein
contained shall be deemed to prevent the grantor, his successors and assigns from extracting or
capturing said minerals by drilling on adjacent or neighboring lands and/or from conducting
subsurface drilling operations under said lands at a depth of 500 feet below the surface of said
land, so as not to disturb the surface thereof or any improvements thereon, as reserved by
Kathleen H. Dennen, a widow, as her sole and separate property, as to an undivided % interest;
and Richard L. Dennen, Gordon A. Holmes and George DeArmond, as Trustees under the Last
Will and Testament of Rodger B. Denhen, deceased, as to an undivided % interest, by deed
recorded March 23, 1976 in Book 4945, Page 2093 of Official Records and re-recorded October
25, 1976 in Book 4945, Page 2478 of Official Records.
PARCEL2:
That certain portion of the S% of the SW¼ of Section 24, Township 30 South, Range 27 East,
M.D.B.&M., in the City of Bakersfield, County of Kern, State of California, as per the Official Plat
thereof and being more particularly described as follows:
Beginning at the Southwest corner of said Section 24 and running
THENCE along the Southerly line of said Section South 89°19'12" East 1509.85 feet to a point in
the Southerly extension of that certain course bearing South 01 o 12'13" West, 117.63 feet in that
certain deed executed by Lucile I. Cross to R. L. Dennen, et al, recorded October 8, 1964 in Book
3773, Page 964 of Official Records of said Kern County;
THENCE along said Southerly extension and the Westerly line of the said Dennen parcel North
01 °12'13" East, 147.63 feet to the beginning of a tangent curve, concave to the West, having a
radius of 519.318 feet;
THENCE Northerly along the arc of said curve through a central angle of 26053'24" for an arc
length of 243.726 feet to a point of tangency;
THENCE along said tangent North 25°41 '11" West, 260.30 feet to the beginning of a tangent curve,
concave to the Southwest, having a radius of 552.859 feet;
THENCE Northwesterly along the arc of said curve through a central angle of 12°23'16" for an arc
length 119.532 feet, to a point of tangency;
THENCE along said tangent North 38o04'27" West 108.22 feet to the most Westerly corner of the
said Dennen parcel and being the most Southerly corner of that certain parcel of land described
in deed executed by Lucile I. Cross, et al, to Ralph U. Williams, et ux, recorded December 18,
1970 in Book 4468, Page 522 of Official Records of Kern County;
Exhibit "2"
Zone Change No. P96-0978
Page 2
THENCE along the Southwesterly line of the said Williams parcel continuing North 38°04'27" West,
667.400 feet to the intersection thereof with the Northerly line of the S~ of the SW¼ of said Section
24;
THENCE along said Northerly line North 89°19'15" West to the intersection thereof with the
Westerly line of said Section 24; THENCE along said Westerly line Southerly 1321.69 feet to the
true point of beginning.
EXCEPTING THEREFROM the Northerly 130 feet of the VV~,'~ of the SW¼ of said Section 24.
ALSO EXCEPTING THEREFROM all that portion of said S% of the SW% of Section 24, described
as follows:
Beginning at the Southwest corner of said Section 24;
THENCE South 89°19'12" East along the South line of said SW¼, 1279.84 feet to a point;
THENCE departing from said South line, North 01 °12'13" East, 149.73 feet to the beginning of a
tangent curve concave to the Southwest having a delta angle of 26053'25" and a radius of 289.32
feet;
THENCE Northwesterly along said curve an arc length of 135.78 feet to the end of said curve;
THENCE North 25°41'12" West, 250.80 feet to a point; said point being the beginning of a non-
tangent curve, concave to the Northwest having a delta angle of 37°17'47" and a radius of 394.00
feet; the radius point of said curve bears North 36°36'59" East, 394.00 feet;
THENCE Southwesterly along said curve an arc length of 256.47 feet to the end of said curve;
THENCE North 89°19'12" West, parallel with and 425.00 feet Northerly of, as measured at right
angles to, the South line of said SW¼, 441.00 feet;
THENCE South 00040'48" West, 145.00 feet;
THENCE North 89°19'12" West, parallel with and 280.00 feet Northerly of, as measured at right
angles to, said South line, 270.00 feet;
THENCE North 33023'03" West, 36.51 feet to a point, said point being 170.00 feet Easterly of as
measured at right angles to the West line of said SW¼;
THENCE North 89°24'12" West, 170.00 feet to a point in the West line of said SW¼;
THENCE South 00°35'48" West, along said West line, 310.00 feet to the point of beginning.
ALSO EXCEPTING THEREFROM all oil, gas and other hydrocarbon substances together with the
dght of ingress and egress as to said premises for the purposes of exploring, drilling, and operating
for oil, gas and other hydrocarbon substances. Also together with the dght to lease said premises
for the discovery and production of minerals and hydrocarbon substances, and all oil, and gas
flowing, circulating, or lying beneath the above described land, together with the right to develop,
take and distribute the same; and the right to enter on said land at any and all times for the purpose
of developing oil and gas and other minerals thereon; and the right to construct pipe lines,
telephone and electdc lines, roads and all structures, improvements, and appliances necessary and
desirable for the discovery, production, storage, treatment and transportation of said substances,
as excepted and reserved in that certain deed executed by Myrtle Deabill to L. W. Dennen,
recorded January 13, 1937 in Book 684, Page 164 of Official Records of said Kern County, in and
to that certain portion of the herein described premises as lies within the S% of the S~ of the SVV¼
of Section 24.
Exhibit"2"
Zone Change No. P96-0978
Page 3
The right to the use of the surface of the land above described, or any other portion thereof above
a depth of 500 feet for the purpose of drilling for, developing, producing or storing oil, gas or other
hydrocarbon substances; provided, however, that Grantors, their successors and assigns shall
have the right to develop such substances by slant drilling from adjacent lands at depths of more
than 500 feet and in such a manner as not to disturb the surface of said land or any improvements
theroon by deed from West Park Baptist Church, recorded April 4, 1972 in Book 4660, Page 83 of
Official Records.
ALSO EXCEPTING THEREFROM the remaining land herein above described ~ of all oil, gas and
other minerals within or underlying said land, or that may be produced and saved therefrom
providing that the grantor, his successors and assigns shall not conduct ddlling or other operations
upon the surface of said land, but nothing heroin contained shall be deemed to prevent the Grantor,
his successors and assigns from extracting or capturing said minerals by drilling on adjacent or
neighboring lands and/or from conducting subsurface drilling operations under said lands at a depth
of 500 feet below the surface of said land, so as not to disturb the surface thereof or any
improvements thereon, as reserved by deed recorded March 23, 1976 in Book 4945, Page 2093
of Official Records and to-recorded October 25, 1976 in Book 4985, Page 2478 of Official Records.
DR:~t
p:z0978-1d
ORII31NAL ¢
EXHIBIT "3"
Zone Change No. P96-0978
Conditions of Approval
Discretionary Conditions:
A 15-gallon tree shall be added to each end planter and two, 15-gallon trees shall be
added between the end planters in parking tier just east of the proposed restaurant.
(Planning)
Landscaping adjacent to the proposed restaurant structure shall include two, 15-gallon
trees on the south side of the structure and one, 15-gallon tree on the east side of the
structure. Two of the trees may be relocated subject to approval of the Planning
Director (Planning)
Two, 24-inch box size trees shall be installed along the north side of the project area
east of Fortune Street to enhance the existing tree planting and increase the visual
screening from the residential area to the project. (Planning)
The parking lot area west of Fortune Street shall be restriped to clearly depict parking
spaces as depicted on the preliminary development plans. (Planning)
Public Works Conditions:
In order to facilitate turning movements off the arterial into the site without a right turn
deceleration lane, remove the drive approach on Panama Lane east of Fortune Street,
and replace it with an entrance utilizing 20' radius curb returns.
Provide an offer of dedication for a right turn lane on Panama Lane at Wible Road. At
the time the City can perform construction every effort will be made to coordinate
construction with the owner of the property.
Ensure clear sight lines are maintained from the easternmost entrance and from Fortune
Street onto Panama Lane.
4. Prior to issuance of a building permit:
Pay the proportionate share, based on the full site frontage, for a landscaped
median island in Panama Lane.
Pay the sewer connection fee, based upon the current adopted charges in effect
at the time of issuance of the building permit.
C. Pay the regional transportation impact fee.
5. Development on the site shall utilize existing sewer laterals in Fortune Street
Prior to any work within public rights of way, a permit shall be obtained from the Public
Works Department. Submit a copy of the approved site plan, with conditions, at the timec~~ ~.,~
of application for the permit.
ORtGINAL
Exhibit "3"
ZC P96-0978
Page 2
7~
Prior to building occupancy, sub-standard off site improvements shall be reconstructed
to City standard or repaired as directed by the City Engineer.
The applicant shall request the formation of a maintenance district for the subject
property at the time of site plan review. At the time of filing the request for formation of
a maintenance district, in accordance with Section 13.04.075 of the Municipal Code, all
costs for inclusion of the subdivision into the existing consolidated maintenance distdct
shall be paid.
Site Plan Review Conditions:
"A" CONDITIONS - These conditions require specific alterations to the site plan. These
changes must be reflected on aft final plans submitted to the Building Department. Plan check
will not begin until all "A" conditions are correctly shown on the plans submitted.
The applicant shall indicate on the site plan submitted for building permits, that the
proposed landscaped areas meet minimum City standards in accordance with Title
17.53.061 of the Municipal Code. A landscape plan including specifications for irrigation
shall also be submitted to the Planning Department for approval before the Building
Department will begin plan check. (Planning)
2. Indicate on the final plan a masonry wall as shown on the attached plan. (Planning)
Parking lot lighting shall be provided pursuant to Section 17.58.060 A of the Municipal
Code. Lights shall be designed, arranged, and shielded to reflect away from adjacent
residential properties and streets with illumination evenly distributed across the parking
area. All light fixtures shall be located between 15' and 40' above grade. Lighting
direction and light fixtures shall be shown on the final site plan. (Planning)
Indicate on the final plan one, 6' x 8' refuse bin location(s) pursuant to City Standard S-
43 for cottages and suites. (Sanitation)
5
6.
Indicate on the final plan two-way parking aisles with a minimum width of 25' to provide
proper backup space for right angle parking. (Traffic Engineering)
Indicate on the final plan typical parking stall dimensions (9' x 18' standard). (Traffic
Engineering)
"B" CONDITIONS - These conditions must be satisfied prior to the Building Department
completing plan check for the project.
The applicant shall provide four copies of the grading plans and two copies of the
preliminary soils report to the Building Department. (Building)
o
The Sanitation Division shall be contacted to determine alternatives to allow the safe
collection of refuse and/or recyclables. (Sanitation)
"C" CONDITIONS - These are informational notes that will assist in completion and operation
of the project. There are also conditions identified that must be satisfied prior to plan check
being completed. The deadline for complying with those conditions is specified in the condifior~
ORIGINAL
Exhibit "3"
ZC P96-0978
Page 3
5.
6.
7.
10.
11.
The applicant shall contact the Fire Safety Control Division, 1715 Chester Avenue, Suite
300 (Fire Prevention Bureau) for fire and safety requirements and provide one (1) set of
building plans showing the required plan corrections to Fire Safety Control (Fire
Marshal, (805) 326-3951) prior to the final site plan being approved. (Fire)
All streets and access roads to and around any building under construction must be at
least 20 feet of unobstructed width and graded to prevent ponding at all times.
Barricades must be placed where ditches and barriers exist in roadways. Emergency
vehicle access must be reliable at all times. (Fire)
This review does not include approval of any signs for the project. A separate permit is
required for all new signs, including construction signs, from the Building Department.
(Building)
Indicate on the final plan compliance with all handicap requirements pursuant to State
Building Code. (Building)
A final soils report shall be submitted to the Building Department prior to issuance of any
building permits. (Building)
School District fees will be assessed at the time of issuance of a building permit.
(Building)
The applicant shall obtain necessary approvals from the Kern County Environmental
Health Services Department located at 2700 "M" Street for any food handling facility,
(such as a market or a restaurant) prior to issuance of a building permit. (Building)
The minimum parking required for this project has been computed as follows:
Existing shopping center = 18,144 sq.ft./200 = 91 spaces
Existing convenience store = 3,000 sq.ff./200 = 15 spaces
Existing restaurant = 2,304 sq.ft./75 = 31 spaces
Proposed restaurant = 2,414 sq.ft./75 = 32 spaces
TOTAL REQUIRED = 169 spaces
(Planning)
The address assigned is for the entire site. If you desire individual pad and lease space
addresses, submit two copies of the plot plan (8-1/2" x 14" max.) designating all
possible lease areas to this department - Attention: Dave Dow or Louise Palmer.
(Planning)
Approved landscaping shall be installed pdor to final building inspection or occupancy of
any building. Landscape inspections are on Fddavs. Call Dave Dow at 326-3594 or
Louise Palmer at 326-3680 pdor to the Friday you wish your inspection. (Planning)
NOTICE - Habitat conservation fees for this project will be calculated based on the fee ~K,~,o~~
in effect at the time (currently $1,240 per gross acre) payable to the Planning ~ ~'
Department pdor to issuance of an urban development permit (includes grading plan ,- ~
approvals) as defined in the Implementation/Management Agreement (Section 2.21) for ~ ~
ORIG~NAL
Exhibit "3"
ZC P96-0978
Page 4
the Metropolitan Bakersfield Habitat Conservation Plan. Upon payment of fees, the
applicant will receive acknowledgment of compliance with Metropolitan Bakersfield
Habitat Conservation Plan (Implementation/Management Agreement Section 3.1.4).
(Planning)
12.
The applicant shall provide 1, 3 cubic yard front loading type refuse bin for the
containment of refuse or recyclables. (Sanitation)
13.
Facilities required to provide recycling areas shall provide locations of sufficient size as
defined in Bakersfield Municipal Code, Chapter 8.32. (Sanitation)
14.
Facilities required to provide grease containment shall provide a storage location
separate from refuse or recycling bin locations pursuant to City Standard S-43.
(Sanitation)
15.
Facilities requiring infectious or medical waste services shall obtain approval for
separate infectious or medical waste storage areas from the Kern County Environmental
Health Services Department. In no instances shall the refuse or recycling bin area be
considered for infectious waste containment purposes. (Sanitation)
DR:Pit:
May 22, 1997
p:z0978-ed
DRAFT
Minutes from Planning Commission Meeting
May 15, 1997
PUBLIC HEARING FOR ZONE CHANGE FILE P96-0978 - TIME SET TO CONSIDER
REZONING FROM A C-1 (NEIGHBORHOOD COMMERCIAL) ZONE ON 2.27~ ACRES AND
AN R-2 ~LIMITED MULTIPLE FAMILY DWELLING~ ZONE ON .98 ± ACRE TO A PCD
{PLANNED COMMERCIAL DEVELOPMENT)' ZONE ON A TOTAL OF 3.25:1: ACRES FOR
DEVELOPMENT OF A 2.758 SQUARE FOOT FAST FOOD RESTAURANT ON THE
FASTERLY PORTION OF THE PROJECT SITE. THE PROJECT IS GENERALLY LOCATED
NORTH OF PANAMA LANE. ON BOTH SIDES OF FORTUNE STREET. THE APPLICANT IS
REQUESTING A REDUCTION OF 35 PARKING SPACES REQUIRED FOR THE OVERALL
PROJECT SITE. (Negative Declaration on file~
Staff report recommending approval of the project with conditions was given. Mr. Movius
stated that the applicant no longer needed the modification of parking since they now meet the
parking requirements. A memorandum from Jacques LaRochelie of the Public Works
Department was distributed to the Planning Commissioners regarding addition of one condition
to the project. He stated if the project is approved the motion should make reference to this
memorandum.
Public portion of the hearing was opened, no one spoke in opposition of the project. Gary
Olson representing the owner of project spoke about two concerns they have with the project.
He referred to Discretionary Condition No. 2 and the fact that staff has asked the owner to plant
nine additional trees. He said the two planters staff has requested in front of the building and
the redesign of the building to achieve the additional parking would cause the building to be set
back further from the street and the planters would hide the front elevation of the building.
Therefore, they would like to relocate them.
Mr. Olson stated that the second concern regarded Public Works Condition No. 2 to provide an
offer of dedication for a dght turn on Panama Lane at Wible Road. Mr. Olson stated that one of
the problems with the existing site particularly at that comer is how Howard's mini-market is
located. All of the existing gas tanks within the ground are located dght on the comer just south
of the pumps. In order for the gas trucks to deliver their gas to the property the only way to
maneuver their trucks to. the property is down Panama Lane west and then turn into the drive
that is closest to the intersection and then they pull up so that they are adjacent to the west side
of the pumps at this point the back of the truck and the front of the truck are very close to the
existing curb and gutter of the property. The concern is that the dedication requested by the
city results in taking 10 feet of the property no longer making it safe for the gas trucks to deliver
gas because they would perhaps have to stick out into the street. Also, the movement of the
existing traffic light at the comer 10 feet would further encroach upon the movement of the gas
trucks. The owner is willing to provide the dedication but with the understanding that we've got
to work out a safe way to access that comer so that gas could be delivered to the property.
Staff was concerned about elimination of the trees, however, would agree to a condition that
would state that the trees may be relocated subject to approval of the Planning Director. Mr.
Olson agreed to the change in condition.
-2-
Mr. LaRochelie stated typically on a project like this the city not only asks for dedication but also
construction of the right-turn lane. The city chose not to require that right turn lane at this time
but however does not want to have to purchase the right-of-way at a later date. The city would
be willing to work with the owner at a later date to make his operation as safe as possible.
Mr. Brady asked about the time frame for the right turn lane and Mr. LaRochelie stated there is
no way of knowing that. The level of service at this time is not bad at all. It could be years
down the road.
Mr. Brady asked if a condition could be added that when the tanks were moved, as they are
periodically, if we could put a condition on that they be moved to another location so that the
hazard could be eliminated at that time. Mr. Olson said the tanks are all right for the next two
years and after that Jaco Oil Co. will rsalign them which would give the tanks another 10 years
life before they would have to be relocated. He also asked that if the tanks were to be
relocated for some environmental problem later that a condition be put on that the tanks could
be relocated at that time. Mr. Leonard, Assistant Building Director, said that the project could
be flagged so that if the tanks were to be worked on that Public Works would be notified.
Motion was made by Commissioner Boyle and seconded by Commissioner Ortiz to make a
motion to adopt a resolution approving and adopting the Negative Declaration and approving
zone change P96-0978 with findings and conditions as presented in said resolution (see the
attached Exhibit ~F") with the following changes: 1) Subject to the May 15 memorandum to the
Planning Commission from Mr. LaRochelie 2) on Exhibit "D" on the zone changes Discretionary
Condition No. 2 that there will be added to that paragraph that two of the trees may be
relocated subject to approval of the Planning Director and 3) on Public Works Condition No. 2
adding a sentence ~that at the time the City can perform construction that every effort will be
made to coordinate construction with the owner of the property." and recommend same to the
City Council. Motion carded by the following roll call vote:
AYES:
Commissioners Boyle, Kemper, Ortiz, Tavorn, Teeter, Brady
NOES: None
ABSENT: Commissioner Tkac
p:mn5o17
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA )
County of Kern )
PAMELA A. McCARTHY, 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 27th day of June, 1997 she posted on the Bulletin Board at City Hall, a full,
true and correct copy of the following: Ordinance No. 3776, passed by the Bakersfield City
Council at a meeting held on the 25th day of June, 1997, and entitled:
Ordinance amending Title Seventeen of the Bakersfield Municipal
Code and Zoning Map No. 123-24 by changing the zoning of 3.25
acres generally located on the northwest (2.27 acres) and northeast
(.98 acres) corners of Panama Lane and Fortune Street, east of
Wible Road from a C-1 (Neighborhood Commercial) Zone on 2.27
acres and an R-2 (Limited Multiple Family Dwelling) Zone on .98
acres to a PCD (Planned Commercial Development) Zone on a total
of 3.25 acres for development of a 2,414 square foot fast food
restaurant on the easterly portion of the site.
Is/ PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
DEPUTYV;ity Clerk