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Home My WebLink AboutORD NO 4099 4099 ORDINANCE NO..__ AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO. 124-03) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM M-2 (GENERAL MANUFACTURING) TO M-1 (LIGHT MANUFACTURING) ON 9.93 ACRES AND M-2 (GENERAL MANUFACTURING) TO R-2 (LIMITED MULTIPLE-FAMILY) ON 18.76 ACRES, LOCATED ADJACENT ON THE WEST SIDE OF OSWELL STREET, SOUTH OF KIMBER AVENUE. (FILE# ZC 02-0626). 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 for certain property in the City of Bakersfield located adjacent on the west side of Oswell Street, south of Kimber Avenue; and WHEREAS, for the above-described proposal, an Initial Study was conducted and it was determined that the proposed project would not have a significant effect on the environment, and, therefore, a Negative Declaration was prepared and posted on August 23 2002, in accordance with CEQA; and WHEREAS, the Kern Sanitation Authority Wasteswater Plant and effluent farm area is located adjacent on the west side of the GPA/ZC 02-0626 project site; and WHEREAS, the Planning Commission found that due to the project site's close proximity to the Kern Sanitation Authority Wastewater Plant and effluent farm area, said wastewater plant and effluent farm area may pose a potential health risk to people working on the proposed light industrial project site and may pose a potential health risk to people living on the proposed multi-family residential project site which is located 510 feet east of the Kern Sanitation Authority property; and WHEREAS, the Planning Commission's finding on the health risk issue was not based on any specific information provided to the Planning Commission, but on the Planning Commission's general concern for public safety regarding the project site's close proximity to the Kern Sanitation Authority property; and WHEREAS, by Resolution No. 122-02 on September 19, 2002, the Planning Commission denied the adoption of an ordinance amending Title 17 of the Municipal Code to approve ZC 02-0626 as delineated on attached Zoning Map No. 124-03, marked Exhibit "1 ", and this Council has fully considered the Planning Corem ssion s den'al as set forth in that Resolution; and WHEREAS, on September 24, 2002, the applicant, Mclntosh and Associates, submitted an appeal to the Planning Commission's denial of ZC 02-0626; and WHEREAS, said appeal states that there is no evidence to support the notion that the Kern Sanitation Authority Wastewater Plant and effluent farm area poses any health risk to people working adjacent to the Kern Sanitation Authority property or living 510 feet east of said property; and WHEREAS, the law and regulations relating to the preparation and adoption of Negative Declarations, 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, the general plan designation for the project site allows M-1 (Light Manufacturing) and R-2 (Limited Multiple Family) development; and WHEREAS, the City Council has considered and hereby makes the following findings: 1. Ali above recitals are true and correct. The provisions of the California Environmental Quality Act have been met. The proposed project would not have a significant effect on the environment. The proposed project is consistent with the surrounding land uses. The proposed project is consistent with the Metropolitan Bakersfield 2010 General Plan. Based on the absence of evidence in the record as required by Section 21082.2 of the State of California Public Resources Code (CEQA) for the purpose of documenting significant effects, it is the conclusion of the Lead Agency that this project will result in impacts that fall below the threshold of significance with regard to wildlife resources and, therefore, must be granted a "de minimis" exemption in accordance with Section 711.4 of the State of California Department of Fish and Game Code. Additionally, the assumption of adverse effect is rebutted by the above- reference absence of evidence in the record and the Lead Agency's decision to prepare a Negative Declaration for this project. The conditions of approval, attached hereto as Exhibit "3" are necessary to provide for orderly development, and the public health, welfare and safety. No evidence has been submitted that supports the notion that the Kern Sanitation Authority Wastewater Plant and effluent farm area poses any health risk to people working adjacent to the Kern Sanitation Authority property or living 510 feet east of said property. as follows: Findings of the Council, incorporated herein. SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield 1. The above recitals and findings are true and correct and constitute the 2 upheld. The Negative Declaration for Zone Change No. 02-0626 is hereby adopted. The appeal to the Planning Commission's denial of ZC 02-0626 is hereby 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 from M-2 (General Manufacturing) to M-1 (Light Manufacturing) on 9.93 acres and M-2 (General Manufacturing) to R-2 (Limited Multiple Family) on 18.76 acres of that certain property in said City, the boundaries of which property is shown on Zoning Map No. 124-03, marked Exhibit "1" attached hereto and made a part hereof, and more specifically described in attached Exhibit 5. That Zone Change No. 02-0626, as outlined above, is hereby subject to the conditions of approval as provided in Exhibit "3". 6. The Planning Division of the Development Services Department is hereby directed to file a Notice of Determination with the County Clerk of Kern County, pursuant to the provisions of Section 21152 of the Public Resources Code and Section 15094 of the CEQA Guidelines adopted pursuant thereto and a Certificate of Fee Exemption pursuant to Section 711.4 (c)(2)(B) of the State of California Department of Fish and Game Code. 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 ......... 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 November 20, 2002, by the following vote: AYES: COUNCIL MEMBER BENHAM, CARSON, COUCH, HANSON, MAGGARD, SALVAGGIO, SULLIVAN NOES: COUNCIL MEMBER ABSTAIN: COUNCIL MEMBER_ ABSENT: COUNCIL MEMBER NOV ~ 0 APPROVED Mayor CiTY CLERK and Ex Officio Clerk ?f'/~he Council of the City of BakerSfield APPROVED AS TO FORM: BART J. THILTGEN City Attorney S:\GPA 3rd Qtr 2002\02-0626\OZC-CC. 02-0626 EXHIBIT I g-El O/g-~l EXHIBIT 2 ZONE CHANGE LEGAL DESCRIPTIONS PROPOSED R-2 ZONING (FROM M-2) ALL THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 30 SOUTH, RANGE 28 EAST, M.D.M, CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION 30; THENCE N.89°42'10"W. ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER A DISTANCE OF 814.11 FEET; THENCE DEPARTING SAID SOUTH LINE, N.00°42'30"E., 1004.83 FEET; THENCE S.89°42'10"E., 812.37 FEET TO THE EAST LINE OF SAID SECTION 30; THENCE S.00°36'33"W. ALONG SAID EAST LINE A DISTANCE OF 1004.82 FEET TO THE POINT OF BEGINNING. CONTAINING 18.76 ACRES. PROPOSED M-1 ZONING (FROM M-2) ALL THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 30 SOUTH, RANGE 28 EAST, M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 30; THENCE N.89°42'10"W. ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER A DISTANCE OF 814.11 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING N.89°42'10"W. ALONG SAID SOUTH LINE A DISTNACE OF 510.89 FEET; THENCE DEPARTING SAID SOUTH LINE, N.00°42'30"E., 842.66 FEET; THENCE S.89°42'10"E., 330.89 FEET; THENCE N.00°42'30"E., 12.17 FEET; THENCE S.89°42'10"E., 180.00 FEET; THENCE S.00°42'30"W., 854.83 FEET TO THE POINT OF BEGINNING. CONTAINING 9.93 ACRES. 2002-068\LEGALS~SEC3ZONE.DOC~JFK~JUNE 19, 2002 EXHIBIT 3 ZONE CHANGE NO. 02-0626 CONDITIONS OF APPROVAL Prior to submittal of a development plan, subdivision map, or application for a parcel map waiver, lot line adjustment, or parcel merger, submit to the City Engineer for his review and approval the following: 1.1. A drainage plan for the site within the element amendment and including the parcel maps to the north. Provide an easement for the ultimate retention basin site, along with necessary easements for the transportation of drainage water to the site. 1.2. A sewer plan for providing municipal sewer service. 1.3. Fully executed offers of dedication for Oswell Street to arterial standards and East Belle Terrace to collector standards, including expanded intersections. With development or division of the property adjacent to Oswell Street, pay median island fees. Access to the arterial and collector streets will be limited and will be determined at the time of division or development. Determination of whether a right turn lane will be required at the access points will also be made at the time of division or development. A full access opening on Oswell Street will only be considered if the developer funds and installs a traffic signal at the site entrance. The entire area covered by the General Plan Amendment shall be included in the Consolidated Maintenance District. The applicant shall pay all fees for inclusion in the Consolidated Maintenance District with submittal of any development plan, subdivision map, site plan review, or application for a lot line adjustment for any portion of this GPA area. 5. Development within this GPA area will be subject to the adopted Regional Traffic Impact Fee ordinance. 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 21st day of November , 2002 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4099 , passed by day of November 2002 the Bakersfield City Council at a meeting held on the 20th and entitled: AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO 124-03) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM M-2 (GENERAL MANUFACTURING) TO M-1 (LIGHT MANUFACTURING) ON 9.93 ACRES AND M- 2 (GENERAL MANUFACTURING) TO R-2 (LIMITED MULTIPLE FAMILY) ON 18.76 ACRES, LOCATED ADJACENT ON THE WEST SIDE OF OSWELL STREET, SOUTH OF KIMBER AVE. /si PAMELA A. McCARTHY City Clerk of the City of Bakersfield