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HomeMy WebLinkAboutORD NO 4513ORDINANCE NO. 4.51 3 AN ORDINANCE ADOPTING A NOTICE OF EXEMPTION AND AMENDING SECTION 17.06.020 (ZONING MAP 103-19) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM R-3 (MULTIPLE FAMILY DWELLING) TO C-O (PROFESSIONAL AND ADMINISTRATIVE OFFICE) ON 0.92 ACRES, GENERALLY LOCATED ON THE NORTHEAST CORNER OF SAN DIMAS STREET AND 33RD STREET (ZC NO. 08-0151). (Ward 2). WHEREAS, in accordance with the procedures set forth in the provisions of Title 17 of the Municipal Code of the City of Bakersfield, the Planning Commission held a public hearing to change the land use zoning of that certain property generally on the northeast corner of San Dimas Street and 33~d Street Drive; and WHEREAS, by Resolution No. 44-08 on March 20, 2008, the Planning Commission recommended approval of an ordinance amending Title 17 of the Municipal Code for Zone Change No. 08-0151 as delineated on attached Zoning Map 103-19 marked Exhibit "A", 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 on the notice of exemption and changes in zoning of the subject property from R-3 (Multiple Family Dwelling) to C-O (Professional and Administrative Office) on 0.92 acres, and the Council has considered said findings and all appear to be true and correct; and WHEREAS, it was determined that the California Environmental Quality Act (CEQA), pursuant to Section 15061 (b) (3), of the General Rule, does not apply to the proposed project, Zone Change No. 08-0151, since the primary project contemplated by the applicant is a parking lot. Bakersfield Memorial Hospital is acquiring a vacant parcel located adjacent to their existing facilities in order to expand their parking capacities. Parking is required for every type of commercial development and the most common type of parking facility is the at grade parking lot, a far less expensive proposal than a parking structure. There is considerable experience with parking lots in the City of Bakersfield. There have never been issues associated with the development and use of at grade parking lots locally, which have resulted in significant environmental impacts. City ordinances address lights, landscaping, access, parking space dimensions, drive isle widths, and back up areas, signage and improvement standards, which effectively deal with this exceedingly common commercial facility. These ordinance requirements are the results of decades of actual operation of parking facilities. For these reasons, it can be seen with a certainty, that the proposed parking lot would not have the potential to cause a significant effect on the environment; and WHEREAS, the general plan designation for this area, with prior adoption of General Plan Amendment No. 08-0151, allows Office Commercial use; and WHEREAS, the City Council has considered and concurs with the following findings made by the Planning Commission as set forth in Resolution No. 44-08, adopted on March 20, 2008: ~.~<~,, ~- <; ~.,, Page 1 of 3 ~ r. -- ~l 1. All required public notices have been given. 2. The provisions of the California Environmental Quality Act have been followed. 3. The project is exempt from CEQA pursuant to Section 15061 (b) (3) (General Rule), of the CEQA Guidelines. 4. The proposed project is consistent with surrounding land uses. 5. The proposed project, as shown on Exhibit "A", is consistent with the Metropolitan Bakersfield General Plan. 6. The public necessity, general welfare and good planning practices justify the requested zone change, as shown on Exhibit "A". SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: 1. That the above recitals, incorporated herein, are true and correct. 2. The Notice of Exemption for Zone Change No. 08-0151 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, the boundaries of which property is shown on Zoning Map 103-19 marked Exhibit "A" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "B". 4. That Zone Change No. 08-0151, as outlined above, is hereby recommended for approval, subject to the mitigation/conditions of approval in Exhibit C. 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. Page 2 of 3 n o ~, >. r t C,> C7 ------- -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 JUN 1 1 2008 by the following vote: ES~. ABSTAIN: ABSENT: COUNCILMEM COUNCILMEM COUNCILMEM COUNCILMEMBER ~~__ PAMELA A. McCARTHY, CMC CITY CLERK and Ex Officio Cler the Council of the City of Bakersfield Mayor of the City of APPROVED as to form VIRGINIA GENNARO City Attorney By: ~ ~ Exhibit: A -Zoning Map 103-19 B -Legal Description C- Mitigation/conditions of approval "BM"S:\GPA 1st 2008\08-0151\ResOrd\CC ZC Ord 08-0151.doc Page 3 of 3 p, k' ^,; O ~.', ti ~ ~i ~- ~> ~_ L;ni ~~, i APPROVED JUN 1 1 2008 EXHIBIT A Zoning Map 103-19 ^~ ~~~ `~ ~_~ ~:, ~_ ~. I_~W_._. _. 0 ~'" -~ ~~ ~5 _~-- ____ § . _.._. _----- --- -_ - o~ ~~ ~~ ~ ~ ~ ~ ~ ~r ~ i~ a~~~ ~o a ~e ~'.~~ ~i ~~~"~ Z ~~~ ~ # ~ ~J ~ ~JYi ~ ~ a~ ~ ~i ~ ~~.~~~ _ o z~ ~~ 'M ~ CNN JI ~~ Mw• ia~ w w ~ ~s0-"ntilrS' aw iii isii s i ~tVYYYa~s~~~ia3~ 9i=~si~ ZONE CHANGE 08-0151 M•!I!l ~ Mf f ';~ ~ ~ ~ - ~ s ~ u= ~ ~~~ =--~ i ~ ~~ ' ~/ • . ,~~~ • a ~ A ~~ Z~ ~- r ~ t ~, ZONING MAP qb • h r ,,, ~. ~. CITY OF BAKERSFIELD ZONING DISTRICT DESIGNATIONS R-1 One Family Dwelling C-O Professional and Administration Office 6,000 sq.ft. minimum lot size C-1 Neighborhood Commercial E Estate 10,000 sq.ft. minimum lot size C-2 Regional Commercial R-S Residential Suburban C-C Commercial Center 24,000 sq.ft./dwelling unit C-B Central Business R-S-1A Residential Suburban 1 acre minimum lot size PCD Planned Commercial Development R-S-2.5A Residential Suburban M-1 Light Manufacturing 2'/: acre minimum lot size M-2 General Manufacturing R-S-5A Residential Suburban 5 acre minimum lot size M-3 Heavy Industrial RS-10A Residential Suburban P Automobile Parking 10 acre minimum lot size RE Recreation R-2 Limited Multiple Family Dwelling 4,500 sq.ft. min lot size (single family) Ch Church Overlay 6,000 sq.ft. min lot size (multifamily) 2,500 sq.ft. lot area/dwelling unit OS Open Space R-3 Multiple Family Dwelling HOSP Hospital Overlay 6,000 sq.ft. minimum lot size 1,250 sq.ft. lot area/dwelling unit AD Architectural Design Overlay R-4 High Density Multiple Family Dwelling FP-P Floodplain Primary 6,000 sq.ft. minimum lot size 600 sq.ft. lot area/dwelling unit FP-S Floodplain Secondary R-H Residential Holding AA Airport Approach 20 acre minimum lot size DI Drilling Island A Agriculture 6,000 sq.ft. minimum lot size pE Petroleum Extaction Combining A-20A Agriculture SC Senior Citizen Overlay 20 acre minimum lot size HD Hillside Development Combining IaUD Planned Unit Development TT Travel Trailer Park MH Mobilehome S:1Formslzone-gp.doc ,, c~ .. -- ~_, F_. c~ C:~..~ _~,;.. ._ EXHIBIT B Legal Description r~pJt<~„ ~~~ o' ~,, - ~" r r ~J ~.7 i~~ PROPOSED ZONE CHANGE LEGAL DESCRIPTION PROPOSED C-O (FROM R-3) ALL THAT PORTION OF BLOCK 4 OF THE HOMAKER PARK SUBDIVISION FILED APRIL 1, 1915 IN MAP BOOK 3, AT PAGE 9, IN THE OFFICE OF THE KERN COUNTY RECORDER. ALSO BEING A PORTION OF SECTION 19, TOWNSHIP 29 SOUTH, RANGE 28 EAST, M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF 33R° STREET AND SAN DIMAS STREET AS SHOWN ON SAID HOMAKER PARK SUBDIVISION; THENCE EAST, ALONG THE CENTERLINE OF 33RD STREET, A DISTANCE OF 32.00 FEAT; THENCE NORTH, PARALLEL WITH THE CENTERLINE OF SAN DIMAS STREET, A DISTANCE OF 32.00 FEET TO THE POINT OF BEGINNING, SAID POINT BEING THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF SAN DIMAS STREET AND THE NORTH RIGHT-OF-WAY LINE OF 33RD STREET; THENCE ALONG THE FOLLOWING FOUR (4) COURSES: 1) NORTH, ALONG SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 200.00 FEET TO THE SOUTH LINE OF THE ALLEY IN SAID BLOCK 4; THENCE 2) EAST, ALONG SAID SOUTH LINE, A DISTANCE OF 200.00 FEET TO THE EAST LINE OF LOT 6 OF SAID HOMAKER PARK SUBDIVISION; THENCE 3) SOUTH, ALONG SAID EAST LINE, A DISTANCE OF 200.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF 33RD STR~fT; THENCE 4) WEST, ALONG SAID NORTH LINE, A DISTANCE OF 200.00 fE#=T TO THE POINT OF BEGINNING. CONTAINING 40,000 SQUARE FEET, MORE OR LESS. LAND ~~ ~ EXP •30 ~aa \ !.3 5798 / Z.~b•o$ P:~PROJ~ECTS~06039~L~GALS~ZONE(:HANGELOT4HOMAKER.DOC Ji.M 2/26/2008 McINTOSH & ASSOClAi'fS 2001 Wheelan Court Bakersfield, CA 93309 jfi61) 834-4814 °, ~` ~~, ,, ~ ~, << ,....,_ EXHIBIT C Mitigation/Conditions of Approval ~,,F,~;r,~. ~~ ,: ; ~.., r,_ ' .. ,_ `-, Mitigation/Conditions of Approval General Plan Amendment/Zone Change No. 08-0151 CONDITIONS OF APPROVAL: Public Works 1. Along with the submittal of any development plan, prior to approval of improvement plans, or with the application for a lot line adjustment or parcel merger, the following shall occur: a. Submit verification to the city Engineer of the existing drainage systems capability to accept the additional flows to be generated through development under the new land use and zoning. b. Submit verification to the City Engineer of the existing sewer system's capability to accept the additional flows to be generated through development under the new land use and zoning. c. Developer is responsible for the construction of all infrastructure, both public and private, within the boundary of the GPA/ZC area. This includes the construction of any and all boundary streets to the centerline of the street, unless otherwise specified. The developer is also responsible for the construction of any off site infrastructure required to support this development, as identified in these conditions. The phasing of the construction all infrastructure will be addressed at the subdivision map stage. For orderly development 2. Prior to issuance of a building permit, the developer shall pay a major transportation facility fee in the amount of 35¢ per square foot for commercial and/or $2487 for residential dwelling unit. If prior to issuance of a building permit said fee is merged into the regional TIF program then payment of the regional TIF fee will be deemed to have satisfied the intent of this condition. This fee is imposed per City Council approved action plan to pursue funds needed to complete construction of major transportation facilities to serve growth and development within Metropolitan Bakersfield. For orderly development 3. The entire area covered by this General Plan Amendment shall be included in the Consolidated Maintenance District. The applicant shall pay all fees for inclusion in the Consolidated Maintenance District with submittal of any development plan, tentative subdivision map, site plan review, or application for a lot line adjustment for any portion of this GPA area. For orderly development 4. The developer shall provide additional dedication needed and construct a cul-de-sac within the Northweat corner of the GPA/ZC boundary, or as directed by the city engineer, prior to the any closing of access across that 200 foot portion of San Dimas Street, to be vacated. For orderly development 5. We have no objections to the proposed GPA, this proposed change is to provide additional parking for the existing hospital use and should have no change in traffic generation. Review of the lot design will be subject to city standards during site plan review. For orderly development Page 1 of 1 ~~,~ r, ~. ~~, c~ ~,'., ~" ti~ ~,„w .., .._ 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 June , 2008 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4513 ,passed by the Bakersfield City Council at a meeting held on the 11th day of June. 2008 and entitled: AN ORDINANCE APPROVING A NOTICE OF EXEMPTION AND AMENDING TITLE 17 (ZONE MAP NO 103-19) OF THE MUNICIPAL CODE FROM R-3 TO C-O ON .92 ACRE AT THE NORTHEAST CORNER OF SAN DIMAS STREET AND 33RD STREET. PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield By:~ DEPUTY City Clerk S:\DOCUMENT\FORMSWOP.ORD.wpd 6/11 /2008 Jan,}t~4~17 T f- ~i~ r~ r Q .~-.~., ~J fi `, I Li ~ ~~ ln1 I_ ORDINANCE NO. 4 51 3 . AN ORDINANCE ADOPTING A NOTICE OF EXEMPTION AND AMENDING SECTION 17.06.020 (ZONING MAP 103-19) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM R-3 (MULTIPLE FAMILY DWELLING) TO C-O (PROFESSIONAL AND ADMINISTRATIVE OFFICE) ON 0.92 ACRES, GENERALLY LOCATED ON THE NORTHEAST CORNER OF SAN DIMAS STREET AND 33RD STREET (ZC NO. 08-0151). (Ward 2). POSTED ON ~.Q 12 D`6 by City Clerk's Office City of Bakersfield by_ WHEREAS, in accordance with the procedures set forth in the provisions of Title 17 of the Municipal Code of the City of Bakersfield, the Planning Commission held a public hearing to change the land use zoning of that certain property generally on the northeast corner of San Dimas Street and 33`~ Street Drive; and WHEREAS, by Resolution No. 44-08 on March 20, 2008, the Planning Commission recommended approval of an ordinance amending Title 17 of the Municipal Code for Zone Change No. 08-0151 as delineated on attached Zoning Map 103-19 marked Exhibit "A", 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 on the notice of exemption and changes in zoning of the subject property from R-3 (Multiple Family Dwelling) to C-O (Professional and Administrative Office) on 0.92 acres, and the Council has considered said findings and all appear to be true and correct; and WHEREAS, it was determined that the California Environmental Quality Act (CEQA), pursuant to Section 15061 (b) (3), of the General Rule, does not apply to the proposed project, Zone Change No. 08-0151, since the primary project contemplated by the applicant is a parking lot. Bakersfield Memorial Hospital is acquiring a vacant parcel located adjacent to their existing facilities in order to expand their parking capacities. Parking is required for every type of commercial development and the most common type of parking facility is the at grade parking lot, a far less expensive proposal than a parking structure. There is considerable experience with parking lots in the City of Bakersfield. There have never been issues associated with the development and use of at grade parking lots locally, which have resulted in significant environmental impacts. City ordinances address lights, landscaping, access, parking space dimensions, drive isle widths, and back up areas, signage and improvement standards, which effectively deal with this exceedingly common commercial facility. These ordinance requirements are the results of decades of actual operation of parking facilities. For these reasons, it can be seen with a certainty, that the proposed parking lot would not have the potential to cause a significant effect on the environment; and WHEREAS, the general plan designation for this area, with prior adoption of General Plan Amendment No. 08-0151, allows Office Commercial use; and WHEREAS, the City Council has considered and concurs with the following findings made by the Planning Commission as set forth in Resolution No. 44-08, adopted on March 20, 2008: Page 1 of 3 _, q~ ~3 ~lC,~9 ~~ ~ - - -r ~_ r,: C~RICSf~t~.!.