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HomeMy WebLinkAboutORD NO 4026ORDINANCE NO. 4 {~ ~ 6 AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NOS. 103-20 and 103-21 BY CHANGING THE ZONING FROM R-3 TO C-1 ON A 12,819 SQUARE FOOT SITE GENERALLY LOCATED BETWEEN STATE ROUTE-178, FLOWER STREET, STATE ROUTE 178-BEALE AVENUE ON-OFF RAMP/OWENS STREET AND BEALE AVENUE 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 between State Route-178, Flower Street, State Route 178-Beale Avenue on-off ramp/Owens Street and Beale Avenue: and WHEREAS, by Resolution No. 74-01 on June 28, 2001, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change P01-0400 as delineated on attached Zoning Map Nos. 103-20 and 103-21 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 Notice of Exemption from the California Environmental Quality Act and changes in zoning of the subject property from R-3 (Limited Multiple-Family) to C-1 (Neighborhood Commercial) 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 Notices of Exemption, 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 Notice of Exemption was advertised and posted on June 14, 2001, in accordance with CEQA; and WHEREAS, the,general plan designation for this area allows commercial and residential development; 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 have been followed. Considering the project site's location, size and adjacent commercial land uses, the proposed C-1 zoning appears to be appropriate for the subject site. The proposed C-1 zoning would allow the subject site to have commercial land uses that would be consistent with the contiguous O-1 properties located along the subject site's southerly boundary. The proposed project will not have a significant effect on the environment and subsequent to CEQA, General Rule, Section 15061. (b)(3)"Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA." 6. The proposed project is consistent with the surrounding land uses. The proposed project is consistent with the Metropolitan Bakersfield 2010 General Plan. The public necessity, general welfare and good planning practices justify the requested zone change. 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 Notice of Exemption 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 is shown on Zoning Map. Nos. 103-20 and 103-21 marked Exhibit "B" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "C ". 4. Such zone change is hereby made subject to the conditions of approval 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. ...... -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 SEP 5 ~001 , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGOIO COUNClLMEMBER I~ O ~ ~. COUNCILMEMBER COUNClLMEMBER i'~ b CITY CLERK and Ex Officio Cle~/of the Council of the City of Bakersfield APPROVED HARVEY L. HALL MAYOR of the City of Bakersfield~ APPROVED A~; TO FORM: BART J. THI~IGEN City Attorney S:\Oole\P01-0400\OZC-CC.wpd 3 EXHIBIT "A" Public Works Conditions Zone Change P01-0400 Applicant shall acquire a suitable access through the C-1 property located adjacent to and south of the subject site. RED S:'~3ole~P01-0400\Conditions.wpd July 31, 2001 (12:58pm) 6/5/01 Roi KNOTT$ STREET EXHIBIT "B" Ill CITY OF BAK[~RSFIELD ZONING MAP 103-20 SEC 20 T 295 R 28£ LEGEND C.2 ¢ C-2 EXHIBIT "B" CITY OF BAKERSFIELD ZONING MAP 103-21 SEC 21 T 29S R 28E LEGENO EXHIBIT "C" ZONE CHANGE P01-0400 CITY R-3 (LIMITED MULTIPLE-FAMILY DWELLING) ZONE TO CITY C-I (NEIGHBORHOOD COMMERCIAL) ZONE Those portions lot Lots I through 5 in Block 13 of DRURY'S ADDITION, according to the map thereof recorded in Book I, Page 101 of Maps, and those portions of Lots 4 through 10 in Block 36 of BERNARD ADDITION, according to the map thereof recorded in Book 1, Page 43 of Maps, in the Office of the Recorder of said County, in Section 20 and 21, Township 29 South, Range 28 East, M.D.B.M., more particularly described as follows: BEGINNING at the southeast comer of said Lot 1; THENCE (1) along the south line of said Lots, N 73° 07' 40" W, 240.19 feet to the west line of Parcel 21 of Relinquishment No. 73589 to the City of Bakersfield, recorded July 28, 1967 in Book 4074, Page 992, Official Records of said County, also being a point on the southerly right of way line of State Route VI KER 178; THENCE along said southerly right of way line for courses (2) through (6) as follows: THENCE (2) N 64° 02' 03" E, 99.41 feet; THENCE (3) N 86© 33' 03" E, 72.82 feet; THENCE (4) S 22© 19' 31" E, 25.00 feet; THENCE (5) S 75© 51' 29" E, 13.00 feet; THENCE (6) 26© 34' 42" E, 102.11 feet to the POINT OF BEGINNING. Containing 12,819 square feet (mom or less) '(0.294 acres) 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 6th day of September , 2001 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4026 , passed by the Bakersfield City Council at a meeting held on the 5th day of September 2001 and entitled: AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NOS. 103-20 AND 103-21 BY CHANGING THE ZONING FROM R-3 TO C-1 ON ^ 12,819 SQUARE FOOT SITE GENERALLY LOCATED BETWEEN STATE ROUTE-178, FLOWER STREET, STATE ROUTE 178-BEALE AVENUE ON-OFF RAMP/OWENS STREET AND BEALE AVENUE. (P01-0400) /s/PAMELA A. McCARTHY City Clerk of the City of Bakersfield DE P U-Pi'-Cj y S:\Docum ent\FORMS~AOP.ORD.wpd September 6, 2001