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Home My WebLink AboutORD NO 4162ORDINANCE NO. '~ I 6 ~, AN ORDINANCE ADOPTING a NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO. 102-20) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM A C-1 (NEIGHBORHOOD COMMERCIAL) TO A C-2 (REGIONAL COMMERCIAL ZONE) ON 17.46 ACRES GENERALLY LOCATED AT THE SOUTHWEST CORNER OF COFFEE ROAD AND RIVERLAKES DRIVE (FILE # 03-0824). 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 southwest corner of Coffee Road and Riverlakes Drive; and WHEREAS, by Resolution No. 138-03 on October 2, 2003, the Planning Commission recommended denial of an ordinance amending Title 17 of the Municipal Code to approve a change in zone as delineated on attached Zoning Map No.102-20 marked Exhibit "B", and more thoroughly described in Exhibit "C," 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 relative to the zone change application on the subject property and the Council has considered said findings and all appear to be true and correct; and WHEREAS, on a motion to recommend approval of the proposed zone change, the Planning Commission voted in a 3-3 tie, therefore, the proposed zone change request was denied; and WHEREAS, Mclntosh and Associates on behalfqf Riverlakes Investment Company, appealed the decision of the Planning Commission to~ the City Council in the time and manner set forth in Title 17 of the Municipal Code; 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 September 9, 2003, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows commercial development; and findings: WHEREAS, the City Council has considered and hereby makes the following -1- 0FII(ilNA[ All required public notices have been given The provisions of the California Environmental Quality Act (CEQA) have been followed. The proposed zone change represents a change from a Iow intensity commercial Zone to a higher intensity commercial zone without creating land use compatibility concerns for adjacent property. The project, as conditioned, is consistent with the goals and policies of all elements of the general plan and the Riverlakes Ranch Specific Plan. The proposed zone change provides a greater range of choices of permitted uses consistent with the Riverlakes Ranch Specific Plan. The conditions of approval, attached hereto as Exhibit "A" are needed to provide for orderly development, and the public health, welfare and safety; and 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 is shown on Zoning Map. No. 102-20 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 attached 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. ....... -000 ......... the I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by CounrSI of the City of Bakersfield at a regular meeting thereof held on DEC ] 0 2003 by the following vote: -2- ORIGINAL ABSTAIN: ABSENT: COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO COUNClLMEMBER COUNCILMEMBER COUNCILMEMBER APPROVED DEC I 0 2003 Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney Exhibits: A. Conditions. B. Zone Map C, Legal Description Jeng \ S:~.oneChange~824\CC~OZC-CC.DOC November 20, 2003 -3- ORIGINAL EXHIBIT "A" CONDITIONS OF APPROVAL ZONE CHANGE #03-0824 PUBLIC WORKS With construction of an access into the site at Downing Avenue, a traffic signal shall be installed. It shall be operational and ready for turn on prior to issuance of a building permit unless otherwise directed by the Traffic Engineer. 2. Upon development or division, construct sidewalk off-site southerly to tie into existing sidewalk improvements. The number and locations of access points to Coffee Road have been determined with Tentative Parcel Map No. 10898. Design those access points allowed into the site off Coffee Road with right turn lanes and in accordance with City standards. A continuous right turn lane will not be permitted. 4. At time of development, any proposed median modifications in Coffee Road for northbound left turn into the site shall meet standard spacing requirements. 5. A waiver of direct access rights to Coffee Road except at the permitted entry locations shall be required. 6. Engineered Improvement plans for the right turn lanes and other required street improvements shall be submitted to and approved by the City Engineer. 7. Upon development or division, either pay the median fee for the future landscaping of the existing median island or install approved landscaping in the median. PLANNING If during construction activities or ground disturbance, cultural resources are uncovered, the subdivider shall stop work and retain a qualified archeologist for further study. Subdivider shall notify the proper authorities and be subject to any mitigation measures required of the archeologist. (Mitigation measure) The applicant shall construct landscaping adjacent to Coffee Road and Riverlakes Drive in accordance with the Riverlakes Ranch Specific Plan, Master Landscape Plan. A 25-foot setback (landscape width behind adjacent street right-of-way) is required. Such landscaping shall be maintained through an association established through the C.C. & R.'s to provide consistent maintenance along street frontages. The applicant shall file with the Planning Department, a copy of the C.C. & R.'s which require common maintenance of landscaping adjacent to streets. 10. Prior to recordation, subdivider shall construct a minimum 6 foot high chain link fence along the western boundary of the parcel map or along the eastern boundary of the P. G. & E. easement, or any combination thereof, as approved by the Planning Director, to act as a buffer between the subject site and the proposed park. 11. The applicant shall file with the Planning Department, a copy of a recorded instrument that ensures that drive aisles, parking, and access is legally shared in common between parcels if the property is subdivided. Jeng / S:tZoneChangetz824iCC[EXH A.doc November 20, 2003 Page 1 of 1 ORIGIN~[ ZONE CHANGE 03-0824 EXHIBIT "B" F ZONING MAP IO2-20 ~ ~ ORIGIN~,~ EXHIBIT "C" ZONE CHANGE LEGAL DESCRIPTION PROPOSED C-2 ZONE (FROM C-1 ZONE) ALL THAT PORTION OF SECTION 20, TOWNSHIP 29 SOUTH, RANGE 27 EAST, MD.M, CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION 20, SAID CORNER BEING ON THE CENTERLINE OF COFFEE ROAD; THENCE ALONG SAID CENTERLINE THE FOLLOWING THREE (3) COURSES: 1) S.00°26'14~/V., 331.45 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 1500.00 FEET; THENCE 2) SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05°14'15" AN ARC DISTANCE OF 137.12 FEET; THENCE 3) S.05°40'29"W., 28.83 FEET; THENCE 4) DEPARTING SAID CENTERLINE, N.84°19'31~/V., 55.00 FEET TO THE NORTHEASTERLY BOUNDARY OF THE FRIANT-KERN CANAL; THENCE ON AND ALONG SAID BOUNDARY THE FOLLOWING THREE (3) COURSES: 5) N.49°51'36~/V., 530.40 FEET; THENCE 6) N.41°33'01~/V., 88.98 FEET; THENCE 7) N.39°07'22~/., 273.86 FEET; THENCE 8) DEPARTING SAID CANAL BOUNDARY, N.28°21'37"E., 916.65 FEET; THENCE 9) N00°09'38'W., 317.09 FEET; THENCE 10) N.03°38'38'E., 61.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 1000.00 FEET AND TO WHICH BEGINNING A RADIAL LINE BEARS S.03°38'38"W.; THENCE 11) EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03°13'17" AN ARC DISTANCE OF 56.22 FEET; THENCE 12) S.89°34'39"E., 220.01 FEET TO THE EAST LINE OF SAID SECTION 20; THENCE 13) S.00°25'56~/V. ON AND ALONG SAID EAST LINE, A DISTANCE OF 1310.44 FEET TO THE POINT OF BEGINNING. CONTAINING 17.36 ACRES GROSS. P:~2003-O84~-EGALS\C2ZONE DOC~JFK~JULY 15, 2003 FILE # 03-0824 JUL 1 5 Z883 ORIGINAL AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) SS. 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 12th day of December , 2003 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 10th day of the Bakersfield City Council at a meeting held on the and entitled: AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO. 102-20) OF TITLE SEVENTEEDN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM A C-1 (NEIGHBORHOOD COMMERCIAL) TO A C-2 (REGIONAL COMMERCIAL ZONE) ON 17.46 ACRES GENERALLY LOCATED AT THE SOUTHWEST CORNER OF COFFEE ROAD AND RIVERLAKES DRIVE (FILE# 03-0824) 4162, passed by December 2003 /si PAMELA A. McCARTHY City Clerk of the City of Bakersfield DEPL~'Y City Clerk