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Home My WebLink AboutORD NO 3992 3992 ORDINANCE NO. AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONE MAP NO. 102-19 BY CHANGING THE ZONING FROM A PCD (PLANNED COMMERCIAL DEVELOPMENT) ZONE TO A PCD (PLANNED COMMERCIAL DEVELOPMENT) ZONE ON 4.05 ACRES GENERALLY LOCATED ON THE WEST SIDE OF CALLOWAY DRIVE, BETWEEN MEACHAM ROAD AND ROSEDALE HIGHWAY. (ZONE CHANGE # P00-0723). 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 west side of Calloway Drive, between Meacham Road and Rosedale Highway; within the southeast quarter of Section 19, Township 29 South, Range 27 East, MDB&M. WHEREAS, by Resolution No. 121-00 on November 16, 2000, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change P00-0723 as delineated on attached Zoning Map No. 102-19 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 a PCD (Planned Commercial Development) Zone to a PCD (Planned Commercial Development) zone 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 October 27, 2000, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows development of commercial and related uses; and WHEREAS, the City Council has considered and hereby makes the following findings: 1. All required notices have been given. 2. The provisions of CEQA have been followed. Based upon an initial study, staff determined the proposed project will not have a significant affect on the physical environment in the area and issuing a Negative Declaration is adequate. The proposed zone change is consistent with the Metropolitan ,~' Bakersfield 2010 General Plan. ,~ 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. 102-19 marked Exhibit "B" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "C" D. Conditions of approval in attached Exhibit A shall apply to this project. 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 ......... 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__ 3 ~,N ~- '~ ?_DOt by the following vote: AYES: NOES: ABSTAIN: ABSENT: APPROV, JJ~rD / /~'/,~ / ..~/ HARVEY L. HALL MAYOR of the City of BakersfiCd COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNClLMEMBER ~JO t~ COUNClLMEMBER t*J ~ ~ COUNCILMEMBER I~ ~.~(P' CITY CLERK and Ex Officio Clel~rc~f the Council of the City of Bakersfield APPROVED as to form: BART THILTGEN City Attorney Exhibits: A. Conditions B. Zone Map C. Legal Description S:\ZoneChange\P00-0723\ORD-cityC.WPD EXHIBIT "A" CONDITIONS OF APPROVAL ZONE CHANGE P00-0723 PLANNING DEPARTMENT 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 Negative Declaration for site dated October, 2000. Site development shall be substantially as shown on the approved site plan. Where conditions of approval and site plans are different, the conditions of approval shall prevail. The 10 foot high, 12 foot 2 inch wide red brick monument sign, as shown on the site plan, is hereby approved in place of the previously approved 23 foot high 160 square foot pylon sign. The monument sign shall be located on the south side of the RV parking area entry, as shown of the approved site plan. Applicant proposed. The drive approach to the site from Calloway Drive shall be constructed to City standards. The RV parking area shall be surfaced with 2 inches of gravel base or material of higher quality. 5. No more than 100 RV canopy covers shall be allowed for the parking area. Applicant proposed. A 7 foot high chain link fence with wood slats shall be constructed along the property's southern property line and a solid masonry wall or wood stucco wall, approved by the Planning Director, shall be constructed on the east side of the RV parking area adjacent to the west side of the landscaped area that fronts on Calloway Drive. Planning Commission The applicant shall revise the site plan to identify Calloway Drive instead of Calloway Road. Landscaping and the associated irrigation systems shall be installed as previously approved as part of General Plan Amendment/Zone Change/Conditional Use Permit P97-0052. BUILDING DEPARTMENT 1. Engineering for the carport structures and related foundation systems shall be provided by a California registered engineer to the City Building Department, per the current Uniform Building Cede. S:~ZoneChange~P00-O723~SU BCONcouncilcond,wpd ~ X R-2 C-2 CITY OF' BAKERSFIELD ZONING MAP 102-19 SEC 19 T 29S R 276 LEGEND C2 ZONE CHANGE P00-0723 Legal Description for PCD to PCD Zone Change, 3201 Calloway Drive; The south 225.00 feet of the east 838.42 of Parcel A, Parcel Map 9846 as recorded August 8, 1997, at Bk 48, Pg. 185 of Parcel Maps in the Kern County Recorder's Office. Excluding that portion lying within the right-of-way of Calloway Drive. Affects a portion of Assessor's Parcel 450-040-48 S:~ZoneChange~P00-O723~egaldescdpt.wpd EXHIBIT C 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 18th day of January , 2001 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3992 , passed by the Bakersfield City Council at a meeting held on the 17th day of January 2001 and entitled: AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 102-19 BY CHANGING THE ZONING FROM AN PCD (PLANNED COMMERCIAL DEVELOPMENT) ZONE TO A PCD (PLANNED COMMERCIAL DEVELOPMENT) ZONE ON 4.05 ACRES GENERALL LOCATED ON THE WEST SIDE OF CALLOWAY DRIVE, BETWEEN MEACHAM ROAD AND ROSEDALE HIGHWAY (PO0- 0723) /s/PAMELA A. McCARTHY City Clerk of the City of Bakersfield DEPUTY City Clerk S:\Document\FORMS~AOP.ORD,wpd January 18, 2001