The URL can be used to link to this page

Home My WebLink AboutORD NO 4035ORDINANCE NO. 4 0 3 AN ORDINANCE AMENDING SECTION 17.06.020 (ZONE MAP NO.123-02 & 123-03) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM PLANNED COMMERCIAL DEVELOPMENT (PCD) TO A REVISED PLANNED COMMERCIAL DEVELOPMENT (PCD) ZONE ON 4.96 ACRES LOCATED AT THE SOUTHWEST CORNER OF STOCKDALE HIGHWAY AND VILLAGE LANE (5001 STOCKDALE HIGHWAY) TO ALLOW THE CONSTRUCTION OF A WIRELESS COMMUNICATIONS TOWER (ZC #P01-0599) 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 located at 5001 Stockdale Highway; and WHEREAS, by Resolution No. 118-01 on September 20, 2001 the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Planned Commercial Development (PCD) zoning as delineated on attached Zoning Map No. 123-02 and 123-03 marked Exhibit "C", and more specifically described in Exhibit "D", 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 above mentioned project is exempt from CEQA, pursuant to Section 15311; and WHEREAS, the general plan designation for this area allows commercial development; and WHEREAS, the proposed zone change consisted of a change from Planned Commercial Development (PCD) to a revised Planned Commercial Development (PCD) zone to allow construction of a wireless communications facility, on the 4.96 acre shopping center site; 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 (CEQA) have been followed. 3. Pursuant to BMC Section 17.54.070: The proposed planned commercial development zone and preliminary development plan is consistent with the General Plan and objectives of this ordinance. The proposed development will constitute a commercial environment of sustained desirability and stability, and it will compliment and harmonize with the character of the surrounding neighborhood and community. The proposed development justifies exceptions from the normal application of this code in that it integrates such elements as the location of structures, circulation pattern, parking, landscaping and utilities, together with a program for provision, operation and maintenance of all areas, improvements, facilities and services provided on the property. The overall design of the project, as conditioned, is consistent with the goals and policies of all elements of the general plan. The conditions of approval, attached hereto as Exhibit "A" are needed to provide for orderly development, and the public health, welfare and safety; and A lattice tower is acceptable at this location. 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. That this project exempt from CEQA pursuant to Section 15311. 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 property is shown on Zoning Map. No. 123-02 & 123-03 marked Exhibit "C" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "D ". 5. Such zone change is hereby made subject to the conditions of approval listed in attached Exhibit "A." and site plan depicted in attached Exhibit "B." 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 t.he City of Bakersfield at a regular meeting thereof held on ~ ~V 1 ~ ?.~[~1 , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER ~ COUNCILMEMBER COUNCILMEMBER ~ CITY CLERK and Ex Offici(~(~erk of the Council of the City of Bakersfield APPROVED NOV 1'~ ~fl~ HARVEY L. HALL MAYOR of the City of Bakers~eld APPROVED AS TO FORM: BART J. THII~T~EN City Attom..~/ ~ LP \ S:~oneChange\p01-0599\OZC-CC.wpd November 14, 2001 EXHIBIT "A" CONDITIONS OF APPROVAL PCD ZONE CHANGE #P01-0599 PLANNING In the event any cultural resources are found, after demolition or during construction of new structures, all work shall stop and a qualified archeologist must be contacted to evaluate the find and recommend mitigation measures. The applicant shall obtain necessary building permits for construction of the proposed cellular tower. Within 10 days of approval, the applicant shall submit documentation to the City Planning Department describing the antenna capacity of the cellular tower and use his best efforts to maximize the aesthetics of the cabling within the tower. The owner/operator of the site is required to allow co-location until the tower has reached full antenna capacity, but in no event fewer than three antennas from three providers. S:tZor~eChange~oO1-O599[ex1.wpd October 25, 2001 EXHIBIT B ~'r i', ....... ' ......... '~ ~ :..: '- 9' ~"' ........ ZONE CHANGE P01-0599 ,' ?% ~ , ~0~, ~N~, EXHIBIT C P,C.D, TO ZONE CHANGE P01-0599 EXHIBIT D STEPHEN B. CARNES PROFE,BSIONAL ENGINEER 33~ Fres~ A~e Morro Bey, CA 93442 772.3500 August ~, 2001 LEGAL DESCRIPTION parcel B of Parcel IVlap No.3133 in fl~ Oty of Blake..rs~l~, Couna-y of Kern. State of Califomla. aa pe~ map filed A,_,~.._.st 28, 1975 ia Book 14 Page 60 of Paroel Maps, in the office of the County Also ~cept all oil ets and other minerals conlained wilhln the proper~y hereinabove described, whuth~r now known to exist or hema_P~r di~..overed, al! oil, gas and other mineral rights bclonsing or appe~gtllng to said property, th~ exclusive fight to prospect for, drill for, produee, nine, extl'act and remove oil,/~ ~ml other minerals upon and eom ~.id property, the exclusive fight to drill Ul~ to drill throush and otl~-rwise to u~O said prOlmU/to sad remove oil. 8as sad other minerals from adjace. Jlt or ~ighboria$ lands, and the exclusive right tO ~eet in, stoic un~ ~ th~at~- withdr~w from said prol~y oil. gas ~nd other minerals ~nd produ~ th~d~ ~ether i~'oduced from said prope~ or ctse-wl~'e, bat unless grant~ o* its ~rs'br'~i~m ~ s~v* wrlta~a co~s~t to tl~ drilling of !~,~ alt 'Of'rile f6mgotag fil~ ~ he ~mir~l o.~ by the d~'m~ of wells fi-om Ioc~tions on ~/dj~t or neighboring hnds into or through said propor~ al the 8romxl ~ad without eute. r~ upon or using any portion of ~t property lying above said reC~h~l Magch 13. 1969 ia Bo<~4256 Page ?62 of'official recor<~. 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 15th day of November , 2001 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4035 , passed by the Bakersfield City Council at a meeting held on the 14th day of November 2001 and entitled: AN ORDINANCE AMENDING SECTION 17.06.020 (ZONE MAP NO. 123-02 & 123- 03) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM PLANNED COMMERCIAL DEVBELOPMENT (PCD) TO A REVISED PALNNED COMMERCIAL DEVELOPMENT (PCD) ZONE ON 4.96 ACRES LOCATED AT THE SOUTHWEST CORNER OF STOCKDALE HIGHWAY AND VILLAGE LANE (5001 STOCKDALE HIGHWAY) TO ALLOW THE CONSTRUCTION OF A WIRELESS COMMUNICATIONS TOWER (ZC #P0-0599) /s/PAMELA A. McCARTHY City Clerk of the City of Bakersfield B '~ DEPU'r~i~erk