HomeMy WebLinkAboutORD NO 3582 ORDINANCE NO. ~ 5 8 2
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND ZONING
MAP 124-07 BY CHANGING THE ZONING OF S +/-
ACRES GENERALLY LOCATED SOUTH OF WILSON
ROAD, WEST OF UNION AVENUE FROM 7.2 (SERVICE
INDUSTRIAL) CASA LOMA SPECIFIC PLAN
DESIGNATION TO 7.1 (LIGHT INDUSTRIAL) CASA
LOMA SPECIFIC PLAN DESIGNATION.
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 south of Wilson Road, west of Union
Avenue; and
WHEREAS, by Resolution No. 69-93 on December 16, 1993, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of
the Municipal Code to approve 7.1 (Light Industrial) Casa Loma Specific Plan
designation as delineated on attached Zoning Map No. 124-07 marked Exhibit "B", by
this Council and this Council has fully considered the findings 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 7.2 (Service
Industrial) Casa Loma Specific Plan designation to 7.1 (Light Industrial) Casa Loma
Specific Plan designation, 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 with mitigation was advertised and
posted on October 26, 1993, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows industrial
development; and
WHEREAS, the City Council has considered and hereby makes the
following findings:
All required notices have been given.
ORIG;NAL
2. The provisions of the California Environmental Quality Act
(CEQA) have been followed.
3. Based on the Initial Study, staff has determined that the proposed
project, as recommended, could not have a significant effect on the environment. A
Negative Declaration was advertised and posted on October 26, 1993.
4. Conditions of approval attached to the project as Exhibit "A" are
included in the project to mitigate impacts.
5. The zone change, as requested and subject to GPA 4-93, Segment
III, is compatible with the general plan designation.
6. The zone change, as requested, is compatible with the existing
zoning and land use designations surrounding and adjacent to the project site.
7. The California Archaeological Inventory does not have sufficient
inventory of archaeological resources for this site.
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 is shown on Zoning
Map No. 124-07 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.
.......... o0o .........
2
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
UAR 0 9 1,~t~ , by the following vote:
NOES: COUNCILMEMBERS
ABSTAIN: COUNCILMEMBERS
AI~ENT: GOUNCILMEMBERS
CITY CLERK and Ex Officio Clerk of the
Council of tt~e City of Bakersfield
APPROVED I~^R 09 ~l~
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY SKOUSEN
ACTING CITY ATFORNEY of the City of Bakersfield
MG:pjt
January 5, 1994
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EXHIBIT "A'
General Plan Amendment 4-93, Segment II1
Zone Change No. $524
Conditions of Approval
In order to mitigate the impacts of any natural to urban land conversion on the
San Joaquin kit fox (a State and Federally-listed endangered species). the
applicant must. prior to ground disturbance. follow the Advisory Notice. detailing
the Interim Mitigation Measures established for the Metropolitan Bakersfield
Habitat Conservation Plan.
An archeological survey shall be conducted by a qualified archaeologist with
recommended mitigation measures prior to site disturbance.
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ORIGINAl.
_1
7.2
ITl
ITl
CITY OF BAKI~RSFIELD-
ZONING MAP 1£4-07
Exhibi5
Zone Change No. 5524
legal Descriptlen
.2 SERVICE INDUSTRIAL) TO 7.1 ~LIGHT
DESIGNATION PER CASA LOMA SPECIFIC PLAN
iNDUSTRIAL) LAND USE
A portion of the Southeast quarter of Section ?,
M.D.M., City of Bakersfield, Kern County,
particularly described as follows:
T. 30 S., R. 28E.,
California, more
Parcel I of Parcel Map No. 5314 per map filed in Book 23 of Parcel
Maps, Page 175 in the office of the Kern County Recorder.
Exceptinc the north 45 feet of said Parcel 1 designated as right-
of-way for Wilson Road.
Also ExcePtinc the west 50 feet of said Parcel i designated as
right-of-way for the Kern Island Canal.
Containing 3.52 Acres (net)
ORIG;NAL
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SSo
County of Kern )
CAROL WILLIAMS, 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 11th day of March, 1994
she posted on the Bulletin Board at City Hall, a full, true and
correct copy of the following: Ordinance No. 3582, passed by the
Bakersfield City Council at a meeting held on the 9th day of March,
1994, and entitled:
ORDINANCE AMENDING TITLE 17 OFT HE BAKERSFIELD MUNICIPAL
CODE AND ZONING MAP 124-07 BY CHANGING THE ZONING OF 5
+/- ACRES GENERALLY LOCATED SOUTH OF WILSON ROAD, WEST OF
UNION AVENUE FROM 7.2 CASA LOMASPECIFIC PLANDESIGNATION
TO 7.1 CASA LOMA SPECIFIC PLAN DESIGNATION
By:
/s/ CAROL WILLIAMS
City Clerk of the City of Bakersfield