HomeMy WebLinkAboutORD NO 4229ORDINANCE NO. '4 ~ ~ (j-
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION
AND AMENDING SECTION 17.06.020 (ZONE MAP NO. 124-06)
OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL
CODE BY CHANGING THE ZONING FROM FROM A C-1
(NEIGHBORHOOD COMMERCIAL) ZONE TO A C-2 (REGIONAL
COMMERCIAL) ON 0.61+ ACRES; LOCATED AT THE
SOUTHWEST CORNER OF BRUNDAGE LANE AND SOUTH P
STREET. (FILE #04-1128)
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 Brundage Lane and South P Street
Drive (as shown on attached Exhibit "B").
WHEREAS, by Resolution No. 140-04 on October 7, 2004 the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve Zone Change 04-1128 as delineated on attached Zoning Map No.
124-06 marked 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 which warranted changes in zoning of the subject
property from a C-1 (Neighborhood Commemial) zone to a C-2 (Regional commemial) zone on
0.61+ acres 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, 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
13, 2004, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows commercial
development, with which the C-2 (Regional Commercial) zone is consistent; and
WHEREAS, the City Council has considered and hereby makes the following
findings:
1. All required public notices have been given
The provisions of the California Environmental Quality Act (CEQA) have been
followed.
The public necessity, general welfare and good zoning practice justify the
requested change of zone from the existing zoning district to an C-2 (Regional
Commercial) zone.
SECTION 1.
as follows:
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield
1. All of the foregoing recitals are hereby found to be true and correct.
2. The Negative Declaration is hereby adopted.
"Exhibit A",
Such zone change shall be subject to the conditions of approval attached as
4. Such zone change is shown on the vicinity map attached as "Exhibit B".
5. 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. 124-06 marked Exhibit
"C" attached hereto and made a part hereof, and are more specifically described in attached
Exhibit "D"
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
OR!G%t~i
the
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I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by
Council of the City of Bakersfield at a regular meeting thereof held on
JAN 1 ~ ~00~ by the following vote:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER COUCHiCARSON, BENHAM, MAGGARDiHANSON, SULLIVAN, SCRIVNER
COUNCiLMEMBER
COUNCILMEMBER
COUNCILMEMBER
PAMELA A. McCARTHY, Cl~
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
APPROVED as to form
VIRGINIA GENNARO
City Attorney
LP/S:~oneChange\04-1128\CC\Ord-CC.DOC
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EXHIBIT "A"
CONDITIONS OF APPROVAL
ZONE CHANGE #04-1128
PUBLIC WORKS
Prior to approval of any development plan, tentative subdivision map, site plan review, or
application for a lot line adjustment, the following shall occur:
a. Provide fully executed dedication for Brundage Lane to arterial standards and South P Street
to collector standards for the full frontages of the area within the ZC request.
With improvement plans the following are required. Additional requirements will be made at site
plan review.
b. Sewer connection shall be made at a manhole.
c. Drainage shall be kept on site unless a drainage study can show the existing sumps can take
the additional stormwater.
d. Curb, gutter and sidewalk will be required.
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 as recommended by California Historical Resources Center at Cai State
Bakersfield in a letter dated August 2004.
LP / S:~ZoneChanget04-1125~._XH 1.doc
January 3, 2005
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EXHIBIT D
LEGAL DESCRIPTION
901 BRUNDAGE LANE
ASSESSOR'S PARCEL NUMBER 011-060-18
Parcel Number 1 of Parcel Map 5052, being a division of a portion of Lot 5 in
Section 5, T.30S., R.28E., MD.M, as shown on Sales Map No. 1 of Lands of
J.B. Haggin filed in Kern County Recorder's Office, May 3, 1889.
OF(iG~NA~
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SS.
County of Kern )
City Hall, a full, true and correct copy of the following: Ordinance No. 4228
by the Bakersfield City Council at a meeting held on the 12th day of
2005 and entitled:
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 13th day of January , 2005 she posted on the Bulletin Board at
, passed
January
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND
AMENDING SECTION 17.06.020 (ZONE MAP NO. 124-06) OF TITLE
SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY
CHANGING THE ZONING FROM A C-1 (NEIGHBORHOOD
COMMERCIAL) ZONE TO A C-2 (REGIONAL COMMERCIAL) ON 0.61_+
ACRES; LOCATED AT THE SOUTHWEST CORNER OF BRUNDAGE
LANE AND SOUTH P STREET. (FILE #04-1128)
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
DEPUTY City Clerk
S:\DOCUMENT~FORMS~AOP,ORD,wpd
1/13/2005