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HomeMy WebLinkAboutORD NO 3816ORDINANCE NO. 3 8 ~. 6 AN ORDINANCE DENYING THE REQUESTED REGIONAL COMMERCIAL AND APPROVING AN AMENDMENT TO TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. '123-12 BY CHANGING THE ZONING OF 1.42 ACRES GENERALLY LOCATED ALONG THE WEST SIDE OF CASTRO LANE BETWEEN THE VALLEY PLAZA AND LUM AVENUE FROM R-3 (LIMITED MULTIPLE FAMILY DWELLING) TO P (AUTOMOBILE PARKING). 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 along the west side of Castro Lane between the Valley Plaza and Lum Avenue; and WHEREAS, by Resolution No. 105-97 on December 18, 1997, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve a change from R-3 (Limited Multiple Family Dwelling) as delineated on attached Zoning Map No. 123-12 marked Exhibit "B", 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 R-3 (Limited Multiple Family Dwelling) to P (Automobile Parking) 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 with mitigation was advertised and posted on October 24, 1997, and December 1, 1997, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows commercial development with the approval of General Plan Amendment/Zone Change No. P97-0656; and WHEREAS, the applicant applied for a C-2 (Regional Commercial) zoning district; and WHEREAS, the proposed C-2 zoning district is not appropriate for this site and any commercial structures on such site may adversely affect adjacent residential development; and WHEREAS, the recommended Automobile Parking zone will not adversely impact adjacent residential; and WHEREAS, the City Council has considered and hereby makes the following findings: 1. All required notices have been given. The provisions of the California Environmental Quality Act (CEQA) have been follows. The proposed project will not have a significant effect on the environment. 4. Mitigation measures as shown on Exhibit "A" are included in the project to mitigate impacts. The project must be granted a "de minimis" exemption with respect to the payment of Fish and Game Section 711 fees. Based on the absence of evidence in the record as required by Section 21082.2 of the State of California Public Resources Code (CEQA) for the purpose of documenting significant effects, it is the conclusion of the Lead Agency that this project will result in impacts that fall below the threshold of significance with regard to wildlife resources and, therefore, must be granted a "de minimis" exemption in accordance with Section 711 of the State of California Fish and Game Code. Additionally, the assumption of adverse effect is rebutted by the above-referenced absence of evidence in the record and the Lead Agency's decision to prepare a Negative Declaration for this project. 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. The requested Regional Commercial zoning request is hereby denied. 4. 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 properly is shown on Zoning Map. No. 123-12 marked Exhibit "B" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "C". 5. Such zone change is hereby made subject to the mitigation 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. ......... 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 ~aAN 2 8 1~98 , by the following vote: AYES: COUNCILMEMbER DeMOND, CARSON, SMITH, McDERMOTT, ROWLES. SU[I.~V,*~'; $:-LVAGGh3' t.~3ES: COUNCILMEM~R ~ ABS'I~-~: COUNCI~,~EMBER ~ A~CNT: COUNCIlEMBER ~, Council of the City of Bakersfield APPROVED iJAN 2 $ 1998 BOB PRICE MAYOR of the City of Bakersfield APPROVED as to form: JUDY SKOUSEN CITY A'i-I'ORN EY res\og0656-cc RED/pjt January 20, 1998 EXHIBIT "A" Mitigation Measure Zone Change P97-0656 The proposed parking lot site shall have a "P" (Automobile Parking) zoning district which will limit on-site land use to a parking lot and will eliminate concerns of impacts created by commercial land uses being located adjacent to residential uses. p:g0656-ea EXHIBIT "C" General Plan Amemdment/Zone Change P97-0656 Legal Description The north 235 feet of the east 264 feet of the north % of the southwest 1/4 of the northwest 1/4 of Section 12, T30S, R27E, MDB&M. Containing 1.42 acres gross (1.26 acres net) excepting therefrom public mad right-of- way. p:gO656-ec 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 30th day of January, 1998, she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3816, passed by the Bakersfield City Council at a meeting held on the 28th day of January, 1998, and entitled: Ordinance denying requested regional commercial and approving an amendment to Title Seventeen of the Bakersfield Municipal Code and Zoning Map No. 123-12 by changing zoning between Valley Plaza and Lum Avenue, /s/ PAMELA A. McCARTHY City Clerk of the City of Bakersfield DEPUTY City Clerk