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HomeMy WebLinkAboutORD NO 3283ORDINANCE NO. 3 ~ 8 ~ AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE LAND USE ZONING OF THAT CERTAIN PROPERTY IN THE CITY OF BAKERSFIELD LOCATED ON THE SOUTH SIDE OF CASA LOMA DRIVE ALIGNMENT, APPROXIMATELY 600 FEET EAST OF SOUTH MT. VERNON AVENUE FROM AN A (AGRICULTURE) TO AN M-1 (LIGHT MANUFACTURING) ZONE. WHEREAS, in accordance with the procedure set forth in Title 17 of the Municipal Code of the City of Bakersfield, the Planning Coinmission has held a public hearing on a petition to change the land use zoning of that certain property' located at the south side of Casa Loma Drive alignment, approximately 600 feet east of South Mount Vernon Avenue, in the City of Bakersfield. WHEREAS, by Resolution No. 45-89 on December 21, 1989, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve an A (Agriculture) Zone, as delineated on attached map marked Exhibit "A", by this Council and this Council has fully consid- ered 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 a change of zoning of the subject property from an A (Agriculture) Zone to an M-1 (Light Manufacturing) Zone, and the Council has considered said findings and all appear to be true and correct; and WHEREAS, there appears to be no substantial detrimental environmental impact which could result from the proposed project; and WHEREAS, the City Council has determined after due con- sideration of said petition and the recommendations. of the Planning Commission herein on file, together with the reasons advanced at the hearing for changes in zoning of said properties, that zone change should be authorized; and ORtG!NA[ WHEREAS, the City Council has considered and hereby makes the following findings: 1. All required public notices have been given. 2. The provisions of CEQA have been followed. 3. Based upon an initial environmental assessment, staff has determined the project including mitigation measures would not have a significant adverse effect on the environment. A Negative Declaration with mitigation measures was advertised and posted on December 8, 1989 in accordance with CEQA. 4. That public necessity, convenience, general welfare and good zoning practice justify the change of zone from an A (Agriculture) Zone to an M-1 (Light Manufacturing) Zone. 5. That the proposed rezoning General Plan of the City of Bakersfield, approval of GPA 4-89 Segment II. is consistent with the subject to prior 6. Conditions of approval listed below will provide for compatibility between the police training facility and surround- ing uses: aJ Contractors shall be informed in writing that potential cultural resources could be unearthed during construction and that, in such a case, all work should be ceased and the California Archaeological Inventory, Southern San Joaquin Valley Information Center at California State University, Bakersfield, should be consulted. Construct Casa Loma Drive from Mt. Vernon Avenue to the east boundary of the project area. The street section shall consist of a pavement section 24' wide along a new alignment approved by the City Engineer. The alignment will allow for a full 110' right-of-way adjacent to an existing microwave antenna located west of the project area. Casa Loma Drive shall be constructed concurrestly with the initial development and shall be completed prior to occupancy of the facility. Construct transition areas as required by the City Engineer for all approaches to and departures from the ultimate paved area. new All street paving sections are to be determined based. on R-value tests, the number and location to be determined by the City Engineer, and using traffic index values estab- lished by the Traffic Engineer. - 2 - WHEREAS, the above findings are based on the following facts: 1. The subject site consists of 7.22 acres. 2. The proposed development is a police training facility to be constructed, operated and maintained by the City of Bakersfield. Proposed rezoning is consistent with the Bakersfield Metropolitan Area General Plan, subject to prior approval of GPA 4-89 Segment II. 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. An environmental assessment was made of the project, and a Negative Declaration was adopted by the Planning Commission after a public hearing thereon, and this Council hereby approves and adopts the Negative Declaration. 3. This proposed amendment to the zoning ordinance is consistent with the General Plan. 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 certain properties in said City, the boundaries of which properties are shown on the map hereto attached and made a part hereof, as follows: FROM AN A (AGRICULTURE) TO AN M-1 MANUFACTURING ZONE: (LIGHT A parcel of land situate in the northwest quarter of Section 10, Township 30 south, Range 28 east, M.D.B.&M., in the City of Bakersfield, County of Kern, State of California, more particularly described as follows: Beginning at a point on the north line of said Section 10, which bears north 89o41'00" east, 909.67 feet from the northwest corner thereof; o THENCE south 01 19'08" east, 247.54 feet; - 3 - THENCE south 88055'29" west, 302.13 feet; THENCE south 00019'00" east, 358.00 feet; o THENCE north 89 41'00" east, 638.10 feet; THENCE north 00°09'01" west, 609.50 feet to a point on the north line of said Section 10; THENCE south 89041'00" west, on and along said north line, 342.10 feet to the point of beginning. Containing 7.223 acres. SECTION 2. This ordinance shall be posted in accordance with the City Charter provisions and shall become effective thirty (30) days from and after the date of its passage. .......... o0o .......... - 4 - I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfi~ld at a regula]~ meeting thereof held on MAR 2 ~ 1§§0 , by the following vote: AYES: COUNCILMEMBERS: EDWARDS:,DeMOND, SMITH, BRUNNI, PETERSON, McDERMOT[, SALVAGGIO NOES; COUNCILMEMBERS: ABSENT COUNCILMEMBERS ABSTAIN: COUNCILMEMBERS' CITY CLERK and ~x Officio Clerk of the Council of the City of Bakersfield APPROVED MAR 2 1 1990 CLARENCE E. MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: --~q-UR'J. S'A~L~SD~ ..? CITY ATTORNEY of)the City Of Bakersfield AJS/meg . Attachment Exhibit "A" O ORD 4 ZC. A-M1.1 2/28/90 - 5 - ZONE CHANGE 4951 I I w CASA LOMA T.V. MICROWAVE ANTENNA EAS-~'i' iRRIGATION STORAGE RESERVOIR CELL NO. 1 DRIVE FROM A TO M-1 EA5'~' IRRIGATION STORAGE RESERVOIR CELL NO. 2 A A o 3oo SCALE IN FEET CITY OF BAKERSFIELD POLICE DEPA~MENT A 10 T30S, R28E EXHIBIT A AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) ss. 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 28th day of March , 19 90 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3283 City Council at a meeting held on the 21st and entitled: · passed by the Bakersfield day of March , 1990 , CAROL WILLIAMS CITY CLERK of the City of DEPUTY City Clerk Bakersfield NSAOPD