HomeMy WebLinkAboutORD NO 3607ORDINANCE NO. 3 6 0 ~.
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND ZONING
MAP 124-03 BY CHANGING THE ZONING OF 27.53
ACRES GENERALLY LOCATED SOUTH OF STATE
ROUTE 58 FREEWAY AND EAST OF MOUNT VERNON
AVENUE FROM AN A (AGRICULTURE) TO AN M-1
(LIGHT MANUFACTURING) ZONE.
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 State Route 58 freeway and east of
Mount Vernon Avenue; and
WHEREAS, by Resolution No. 28-94 on June 16, 1994, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of
the Municipal Code to approve a change in zoning from A (Agriculture) to M-1 (Light
Manufacturing) as delineated on attached Zoning Map No. 124-03 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 negative declaration
of environmental impact and changes in zoning of the subject property from an A
(Agriculture) to an M-1 (Light Manufacturing) 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 May 2, 1994, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows light
manufacturing development; and
WHEREAS, the City Council has considered and hereby makes the
following findings:
1. All required notices have been given.
2. The provisions of the California Environmental Quality Act
(CEQA) have been followed.
environment.
The proposed project will not have a significant effect on the
4. The Kern High School District has agreed to the inclusion of a list
of additional specified uses on the zone change site, subject to the submittal and
approval of a Conditional Use Permit as specified in Section 17.66 of Title 17 (Zoning)
of the City of Bakersfield.
5. The recommended zone change to M-1 (Light Manufacturing),
conditioned as set forth in Exhibit "A", is compatible with the existing development
adjacent to the site.
6. The recommended zone change, as conditioned, is consistent with
the Metropolitan Bakersfield 2010 General Plan.
SECTION 1.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
Bakersfield as follows:
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. 124-03 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 provisions of the
Bakersfield Municipal Code and shall become effective 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
$EP 0 ? 1~]$~ , by the following vote:
AYES: C(TJNCILMEMBER$ McDERMOTT, EDWAI~d(~D, 8MITH,:BR~, ROWLES, SALVAGGIO
NOES: COUNCILMEMBERS
ABSTAIN: COUNCILMEMbERS (,'~ ¥ [ A ~q ~. ~
ABSENT: COUNCILMEI~ ~ ~ ~.~ .
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED SEP 0 ? 1~{
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY SKOUSEN
CITY ATTORNEY
BY:
Assistant City Attorney
MJM:pjt
June 29 1994
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EXHIBIT "A"
Conditions of Approval
General Plan Amendment 2-94, Segment X
Zone Change No. 5549
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,
fidlow the Advisory Notice, detailing the Interim Mitigation Measures established for the
Metropolitan Bakersfield Habitat Conservation Plan. (Mitigation)
Prior to approval of land division or development proposal, an archaeological survey must be
completed. Any mitigation resulting from the report shall be implemented prior to recordation of
the land division map or development proposal approval. (Mitigation)
Public Works Department:
Upon further subdivision or development, the developer shall pay to the City fees for his
proportionate share of future traffic signals in the project area impacted from the potential increase
in trip generation between the proposed land use and the existing land use. The signals and the
developer's proportionate share are as follows:
Washington St at Brundage
Brundage at SR 58 WB
ramp east of Lakeview Ave
Mt Vernon Av at SR 58 EB
Mt Vernon at SR 58 WB
$ 520.00
$ 65O.0O
$ 19,500.00
$ 9,100.00
(0.4% of $130,000.00)
(0.5% of $I30,000.00)
(15.0% of $130,000.00)
(7.0% of $130,000.00)
$ 29,770.00
Lipon further subdivision or development, the developer shall pay to the City a fee for his
proportionate share of the cost of widening and expansion of the signalized intersection of Mount
Vernon at East California Avenue which consists of increasing the number of left-turn lanes in each
direction to two, and adding a right-turn lane in each direction, and modifying the traffic signal.
~[l~ese improvements are estimated to cost $175,000.00. Based on a project percentage of 1.8%, the
project's share of the cost of the cost of the improvements would be $3,150.00.
13e traffic study and resulting impacts identified in items 3. and 4. above are based on an industrial
use mix of light manufacturing, service and warehouse uses of approximately 250,000 square feet that
generate vehicle trip ends of 1,732 (as stated in the traffic study), while the land use proposed could
allow more or less square footage and resulting traffic generation. The fee per vehicle trip end is
$19.00. Should an increase of more than 5% in the vehicle trip ends be proposed for any specific
project within the GPA area, then a review and possible revision to the traffic study shall be required
at tentative map submittal or at the time of site plan review. Otherwise, the fee of $19.00 per vehicle
trip end will be maintained even if the industrial development that is finally created generates less
than, or not over 5 % more than the vehicle trip ends proposed so that proportionate local traffic
mitigation will be achieved.
Exhibit "A"
GPA 2-94, Seg. X
Zone Change 5549
Page 2
NOTE: * indicates adjustments have been made on these items to account for the Regional Transportation
Impact Fee's contribution towards the item.
At the time of further development or subdivision, the property owner(s) within the GPA area not
already within a maintenance district shall request to be annexed to an existing maintenance district
or request creation of a new maintenance district for their property.
Municipal sewer service to each development, lot, or parcel shall be provided upon further subdivision
or development of the property.
With the first development or subdivision within the project area, the entire segment of Mount
Vernon Avenue adjacent to the GPA area shall be constructed including sidewalk, curb and gutter,
and street pavement, and the developer/subdivider shall pay to the City his proportionate share of the
costs for a standard landscaped median island.
~Ihe applicant shall submit a comprehensive drainage study that shall include the entire GPA area.
'Ihe drainage study should include, but not necessarily be limited to, drainage calculations, pipe sizes
and locations, the drainage basin site and size, and construction phasing.
'Ihe drainage study shall be submitted to and approved by the City Engineer and any required
drainage basin site and necessary easements deeded to the City prior to recording of any subdivision
ruap or certificate of compliance or submittal of any development plan within the project area.
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CITY OF BAKERSFIELD
ZONING MAP 124-03
BEC.03 T 305 a 28£
LEGEND
CITY PROPERTY AT MT. VERNON AVENUE AND FREEWAY
GENERAL PLAN AMENDMENT
A parcel of land in the Northwest quarter of Section 3, Township 30 South, Range 28 East, M.D.M, City of
Bakersfield, County of Kern, State of Caiifomin, more particularly descn%ed as follows:
Commencing at a point on the west line of said Section 3, distant South 01.01'25" West, 707.75 feet from the
Northwest corner of said Section;
· l-u~CE South 88°58'35" East, 55.00 feet to a point on the east right of way llne of Mt. Vernon Avenue being
the true point of beginning;,
'rttt~CE South 01'01'25" West, along said east llne, 456.07 feet to the point of cusp of a 30.00 foot radius
cutwe, concave to the southeast;
T-~:NCE Northeasterly along said curve through a central angie of 89'06'41' an arc 'dmtanee of 46.66 feet;
TrouNCE South 89~51'54" East, 520.53 feet
· i--p~NCE North 01'01'Z~* East, 11:5.01 feet;
'i~p~NCE South 89051'54' East, 2039.30 feet to a point on the east line of said northwest quarter of
Section 3;
Tm~:NCE North 00048':56* I~-~ along said east line, 367.11 feet to a point on the south right-of-way line of
State Route VI-KER-58;
TtU~NCE Westerly, along said south right-of-way line, for the following nine (9) course:
TranCE (1) North 65°16'48' West, 866.65 fe~t;
'rm~CE (2) North 86'2Y~3' Weal, 658.29 feet;
T-~:NCE (3) South 89.06'03* West, 575.79 feet;
Ttlg;NCE (4) North 47°43'26. West, 50.00 feet;
Tma'qCE (5) South 8'P16'34" Was~ 45.00 feet;
Tnl~NCE (6) South 42016'34' West, 48.00 feet;
TUt.;.NCE (7) South 84°39'08~ West, 183.24 feet;
Tnl~NCE (8) South 74037'30* West, 159.44 feet;
TI~gNCE (9) South 25°19'06* West, 98.94 feet to the point of be~nnlng.
Containing 27.53 acras (more or less)
EXHIBIT C
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
)
County of Kern )
SS.
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 12th day of
1994 she posted on the Bulletin Board at City Hall, a
and correct copy of the following: Ordinance No. 3607,
the Bakersfield City Council at a meeting held on the 7th day of
September, 1994, and entitled:
September,
full, true
passed by
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP 124-
03 BY CHANGING THE ZONING OF 27.53 ACRES
GENERALLY LOCATED SOUTH OF STATE ROUTE 58
FREEWAY AND EAST OF MOUNT VERNON AVENUE FROM
AN A (AGRICULTURE) TO AN M-1 (LIGHT
MANUFACTURING) ZONE
By:
/s/ CAROL WILLIAMS
City Clerk of the City of Bakersfield
DEPUTY City Clerk