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Home My WebLink AboutORD NO 4045ORDINANCE NO. '4 0 4= 5 AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 102-21 BY CHANGING THE ZONING FROM R-1 (ONE FAMILY DWELLING) AND P (AUTOMOBILE PARKING) ZONES TO M-1 (LIGHT MANUFACTURING) ZONE ON 1.7 ACRES. THE SITE IS GENERALLY LOCATED NORTH OF MEANY AVENUE, WEST OF PATRON WAY (ZC # P01-0793). (Ward 4) WHEREAS, in accordance with the procedures set forth in the provisions of Title 17 of the Bakersfield 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 north of Meany Avenue, west of Patton Way; and WHEREAS, by Resolution No. 147-01 on December 6, 2001, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Bakersfield Municipal Code to approve M-1 (Light Manufacturing) zone on a total of 1.7 acres as delineated on attached map marked Exhibit "1" and as described in attached Exhibit "2", to 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 and changes in zoning of the subject property from R-1 (One Family Dwelling) and P (Automobile Parking) zones to an M-1 (Light Manufacturing) zone and the Council has considered said findings and all appear to be true and correct; and WHEREAS, for the above-described project, it was determined that the proposed project was exempt from the requirements of the California Environmental Quality Act (CEQA) according to Section 15061 (b) (3) of CEQA Guidelines (General Rule), it can be seen that there is no possibility that the proposed project could have a significant effect on the environment; and WHEREAS, the law and regulations relating to the preparation and adoption of Notice of Exemptions as set forth in CEQA and the City of Bakersfield's CEQA implementation Procedures, have been duly followed by city staff, the Planning Commission and this Council; and WHEREAS, a Notice of Exemption was prepared for the proposed project, in accordance with CEQA; and WHEREAS, the City Council held a meeting on the Ordinance amendment item on January 9, 2002; and WHEREAS, no concerns or opposition was raised by any property owner at the Planning Commission hearing and the City Council meeting; and WHEREAS, the City Council has considered the project proposal and hereby makes the following findings: 1. All above recitals are true and correct. ' ' '~'~ 8. 9. follows: 1. All required notices have been given. The provisions of the California Environmental Quality Act (CEQA) have been followed. It was determined that according to Section 15061 (b) (3) of the CEQA Guidelines (General Rule).was determined that according to Section 15061 (b) (3) of the California Environmental QualityAct (CEQA) Guidelines (General Rule), the project is exempt from CEQA in that thero is no possibility that the proposed project could have a significant effect on the environment. It was determined that the proposal to expand the light manufacturing area along the north side of Meany Avenue, west of Patton Way will allow the property owner to develop the site to a manufacturing use. The Light Manufacturing zone will act as a buffer between the existing General Manufacturing zone east of Patton Way and the One Family Dwelling zone to the west. The proposed zone change to Light Manufacturing zone is compatible with the Metropolitan Bakersfield 2010 General Plan. The recommended zone change to Light Manufacturing zone is consistent with the Metropolitan Bakersfield 2010 General Plan. The public necessity, general welfare and good zoning practice justify the recommended change of zone. That the proposed Zone Change No. P01-0793 is hereby recommended for approval, which is proposed to amend the zoning district. SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as The above recitals and findings aro true and correct and constitute the findings of the City Council in this matter. The Notice of Exemption for Zone Change No. P01-0793 is hereby approved. That Section 17.06.020 (Zoning Map) of the Municipal Code of the City of Bakersfield be amended for that certain property in the City of Bakersfield as herein before described and identified on the location map as shown on Exhibit "1". That the proposed Zone Change No. P01-0793, as outlined above, is hereby approved and adopted, subject to conditions found in Exhibit "3". 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. I HEREBY CERTIFY that the foregoing Ordinance was passed..a.nd,.a.do.,~t.e,d by the Council of the City of Bakersfield at a regular meeting thereof held on JAN 7~ LUUL by the following vote: AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGiO CITY CLERK and Ex Offi~i'o Clerk of the Council of the City of Bakersfield APPROVED MAYOR of tho City of Bakersfield APPROVED as to form: BART THILTGEN City Attorney / By: Exhibits: "1" Map showing zone change. "2" Legal description "3" Conditions of approval S:~_oneChange\P01-0793\Resolutions~ZC Ordinance cc.wpd December 11, 2001 EXHIBIT "1" ZONE CHANGE P01-0793 I _1 ~,SCOVERY o~ (~----ELEMENTARY SCHOOL 'I'29S, R27E r ---7 ~-'- , ~t Jt Ji C M-2 R-2 M-2 L EXHIBIT "2" Zone Change No. P01-0793 Legal Description PROPOSED M-I ZONE (FROM R-1 ZONE) ALL THAT PORTION OF LOT 5 AS SHOWN ON THE 'SALES" MAP OF THE KERN COUNTY LAND COMPANY IN SECTION 21, TOWNSHIP 29 SOUTH, RANGE 27 EAST, M.D.M., IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 5, SAID POINT BEING THE CENTERLINE INTERSECTION OF PATTON WAY AND MEANY AVENUE; THENCE NORTH 89°08'26" WEST ALONG THE SOUTH LINE OF SAID LOT 5 AND CENTERLINE OF SAID MEANY AVENUE, 365.22 FEET; THENCE DEPARTING FROM SAID LINES, NORTH 00°44'42" EAST, 45.00 FEET; THENCE NORTH 00°44'42" EAST, 469.14 FEET TO THE POINT OF BEGINNING; THENCE(I) THENCE(2) THENCE(3) THENCE(4) NORTH 00°44'42" EAST, 648.60 FEET; SOUTH 89°04'30" EAST, 65.00 FEET; SOUTH 00°44'42.. WEST, 635.78 FEET; SOUTH 79°45'04.' WEST, 66.22 FEET TO THE POINT OF BEGINNING. CONTAINING 0.96 ACRES. PROPOSED M-1 ZONE (FROM P ZONE) ALL THAT PORTION OF LOT 5 AS SHOWN ON THE "SALES" MAP OF THE KERN COUNTY LAND COMPANY IN SECTION 21, TOWNSHIP 29 SOUTH, RANGE 27 EAST, M.D.M. IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 5, SAID POINT BEING THE CENTERLINE INTERSECTION OF PATRON WAY AND MEANY AVENUE; THENCE NORTH 89°08'26" WEST ALONG THE SOUTH LINE OF SAID LOT 5 AND CENTERLINE OF SAID MEANY AVENUE, 365.22 FEET; THENCE DEPARTING FROM SAID LINES, NORTH 00044'42" EAST, 45.00 FEET TO THE POINT OF BEGINNING; THENCE(I) THENCE(2) THENCE(3) NORTH 00°44'42" EAST, 469.14 FEET; NORTH 79°45'04" EAST, 66.22 FEET; SOUTH 00°44'42" WEST, 481.89 FEET; THENCE (4) NORTH 89°08'26" WEST, 65.00 FEET TO THE POINT OF BEGINNING. CONTAINING 0.71 ACRES. EXHIBIT "3" Conditions Zone Change No. P01-0793 The following conditions shall be done by the developer/property owner of the project site. If archaeological resources are encountered during the course of construction on the site, all work shall stop and a qualified archaeologist shall be consulted for further evaluation of the site. Any finding and recommendation made by the qualified archaeologist shall be conducted by the developer prior to commencement of the work. If the water service requirements exceed the capability of the California Water Service Company's existing facilities or if the extension of the California Water Service Company's facilities is necessary, service would be provided in accordance to Rule 15 of the State Public Utilities Commission Rules and Regulations. This will remain in effect until April 3, 2002. After April 3, 2002, the developer shall be required to meet all of the California Water Service Company's requirements at that time. If any human remains are discovered on the site, all work shall stop until the Kern County Coroner has been notified and has evaluated the remains. If any other archaeological artifacts are discovered during site development, all work shall stop until the find has been evaluated by a qualified archaeologist or historian. In the Zone Change area (where the M-1 is adjacent to the R-1 zone), the developer shall develop within the M-1 area a buffer between the M-1 area and the residential area per the attached buffer sketch. The buffer shall include an 8-foot high masonry block wall, a seven (7) foot wide landscape strip with a tree (size defined by ordinance) every twenty feet, and a 65 foot building setback and have a maximum height restriction of 35 feet in the M-1 area. The residential area will not have a height or setback restriction, other than what is in the zoning ordinance. S:~ZoneC ha nge~O0 t -0793\Conditions.wpd 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 24th day of January , 2002 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4045 , passed by the Bakersfield City Council at a meeting held on the 23rd day of January 2002 and entitled: AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSIFELD MUNICIPAL CODE AND ZONING MAP NO. 102-21 BY CHANGING THE ZONING FROM R-1 (ONE FAMILY DWELLING) AND P (AUTOMOBILE PARKING) ZONES TO M-1 (LIGHT MANUFACTURING) ZONE ON 1.7 ACRES. THE SITE IS GENERALLY LOCATED NORTH OF MEANY AVENUE, WEST OF PATTON WAY. /s/PAMELA A. McCARTHY City Clerk of the City of Bakersfield "~ - DEPU~ ~ Clerk