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