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HomeMy WebLinkAboutRes. No. 36-24 (ZC. No. 22-0025)RESOLUTION NO. 36-24 RESOLUTION OF THE BAKERSFIELD PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE AN AMENDMENT TO TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE TO CHANGE THE ZONE DISTRICT FROM M-3 (HEAVY MANUFACTURING) TO M-2 (GENERAL MANUFACTURING) LOCATED AT 75 EAST WHITE LANE & 2572 SOUTH UNION AVENUE (ZC NO. 22-0025). WHEREAS, Swanson Engineering, Inc. (applicant) for FBT, Inc. (property owner), is requesting to change the zone district from M-3 (Heavy Manufacturing) to M-2 (General Manufacturing) on approximately 69-acres located at 75 East White Lane and 2572 South Union Avenue, as shown in attached Exhibit "A" (the "Project"); and WHEREAS, the applicant and/or property owner has indicated the purpose of the Project is for compliance with the zoning ordinance; and WHEREAS, adoption of a Mitigated Negative Declaration for the Project (SCH No. 2024060954) has been recommended; and WHEREAS, the Secretary of the Planning Commission set Thursday, October 3, 2024, at 5:30 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a public hearing before the Planning Commission to consider the proposed Mitigated Negative Declaration and change to the zone district, as required by Government Code Section 65353, and notice of the public hearing was given in the manner provided in Title 17 of the Bakersfield Municipal Code; and WHEREAS, the facts presented in the staff report, initial study, and special studies, and evidence received both in writing and by verbal testimony at the above referenced public hearing support the following findings: 1. All required public notices have been given. Hearing notices regarding the Project were mailed to property owners within 300 feet of the Project area and published in the Bakersfield Californian, a local newspaper of general circulation, at least 1 O days prior to the hearing. 2. The provisions of CEQA, the State CEQA Guidelines, and the City of Bakersfield CEQA Implementation Procedures have been followed. Staff determined that the proposal is a project under CEQA and an initial study was completed. 3. The public necessity, general welfare, and good planning practices justify the Project. 4. The Project is compatible with the zone districts and development of surrounding properties and is consistent with the Metropolitan Bakersfield General Plan. Page 1 of 2 NOW, THEREFORE, BE IT RESOLVED by the Bakersfield Planning Commission as follows: l. The above recitals, incorporated herein, are true and correct. 2. The Project is hereby recommended for approval by the City Council, incorporating the change into the official zoning map as described in Bakersfield Municipal Code Section l 7.06.020 located on the map as shown in Exhibit A and as specifically described in Exhibit B, all of which are incorporated herein. 3. I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Planning Commission of the City of Bakersfield at a regular meeting thereof held on the 3rd of October 2024, on a motion by Koman and seconded by Kaur, by the following vote. AYES: ABSENT: Bittle, Kaur, Koman, Neal, Strickland Bashirtash, Cater Exhibits (attached): Exhibit A: Conditions Exhibit B: Location Map Exhibit C: Legal Description APPROVED fdv Adam Strickland, VICE-CHAIR City of Bakersfield Planning Commission By: VM/S:\IS_Zone Change\0I_Active\2022\22-0025 (75 E. White & 2572 S. UnionJ\0I_Heoring & Noticing Documents\Draft\PC\PC RES ZC.Docx Page 2 of 2 EXHIBIT A MITIGATION MEASURES ZONE CHANGE NO. 22-0025 Air Quality Impact Mitigation Measures: 1. Prior to grading plan approval, the applicant/developer shall submit documentation to the Planning Division that they are compliant with air quality control measures and rules required by the San Joaquin Valley Air Pollution Control District. The documentation shall specify that the Project has complied with the SJVAPCD's Indirect Source Rule {Rule 9510). Biological Resources Impact Mitigation Measures: 2. Prior to ground disturbance and/or construction activities, the applicant/developer shall consult with the California Department of Fish and Wildlife and United States Fish and Wildlife Service requirements related to listed plant and animal species protected under the Federal Endangered Species Act (FESA) and the California Endangered Species Act {CESA). Geology and Soils, Cultural Resources, and Tribal Resources Impacts Mitigation Measures: 3. Prior to construction and as needed throughout the construction period, a construction worker cultural awareness training program shall be provided to all new construction workers within one week of employment at the project site. The training shall be prepared and conducted by a qualified cultural resources specialist. 4. During construction, if paleontological or cultural resources are encountered during construction or ground disturbance activities, all work within 50 feet of the find shall immediately cease and the area cordoned off until a qualified cultural and/or paleontological resource specialist that meets the Secretary of the Interior's Professional Qualification Standards can evaluate the find and make recommendations. If the specialist determines that the discovery represents a potentially significant cultural resource, additional investigations may be required. These additional studies may include avoidance, testing, and excavation. All reports, correspondence, and determinations regarding the discovery shall be submitted to the California Historical Resources Information System's Southern San Joaquin Valley Information Center at California State University Bakersfield. 5. During construction, if human remains are discovered, further ground disturbance shall be prohibited pursuant to California Health and Safety Code Section 7050.5. The specific protocol, guidelines, and channels of communication outlined by the Native American Heritage Commission, in accordance with Health and Safety Code Section 7050.5, Public Resources Code 5097.97, and Senate Bill 447 shall be followed. In the event of the discovery of human remains, at the direction of the county coroner, Health and Safety Code Section 7050.5{c) shall guide Native American consultation. Traffic Impact Mitigation Measures: 6. Prior to the issuance of building permits, the project applicant shall participate in the By VMIS:\15_Zone Change\01_Active\2022\22-0025 (75 E. White & 2572 S. Union)\01_Hearing & Noticing Documents\Draft\PC\ExhA Mitigation_75 E. White Ln.docx Exhibit "A" Mitigation Measures Zone Change No. 22-0025 Page 2 of 2 Regional Transportation Impact Fee (RTIF) program by paying the adopted fees in place for the land use type at the time of development. ZONE CHANGE 22-0025 CITY OF BAKERSFIELD ! ! M-1 i-----------, R-1 M-1 -··-··-••11111\i r·-··-··-·· ~i 0=0 ct'-<'. • -f ::t! I-< . r··-~::~~---.. z 0 z :, ,■-■•-··-··-··-·· • CITY i M-3 ··------~~~ ----··1! !:r:JM-1 '(iR-3 R-1 c::: ! (JQlJN-"F'li e~~EHE~Jc! C-2 -1(1~ I C-2 :E M-1 R-1 R-1 w~~ ii, R-3 lL,,,,.~ R-3 M r:-i~~r:~ IH M-1 'al' '-?1 :.:,:. c::: 7 M-f I M-3 R-S RE·t~~lill:.:>: R-S R-S-2.SA M-1 ~. "1~ •• ~. > ·,.. 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LEGEND (ZONE DISTRICTS) R-1 One family Owelling 6,000 sq.II. min lol size R· 1-4.5 One family Dwelling 4,500 sq.II. min lol size E Estote I 0,000 sq.II. min lot size R-1 Residentiol luburbon 24,000 sq.11./dwelling unil R-1-{ ) Residenliol luburbon I, 2.5, 5 or 10 min lot size R-2 limiled Mulliple family Owelling 4,500 sq.fl. min lol size (single fomily) 6,000 sq.fl. min lol size (mullifomily) 2,500 sq.fl. lol area/dwelling unil R-3 Mulliple family Dwelling 6,000 sq.fl. min lol size 1,250 sq.fl. lot oreo/dwelling unil R-4 High Oensily Mulliple family Dwelling 6,000 sq.fl. min lol size 600 sq.II. lol area/dwelling unil R-H Residenliol Holding 20 0110 min lol size A Agricullure 6,000 sq.fl. min lol size A-20A Agricullure 20 acre min lot size PUO Planned Unil Oevelopmenl TT Travel Trailer Park MH Mobilehome C-0 Professional ond Adminislrolive Office C-1 Neighborhood Commercial C-2 Regional Commercial C-C Commercial Cenler (-8 Central Business PCD Planned Commercial Development M-1 light Monufocturing M-2 General Manufacturing M-3 Heavy Industrial P Aulomobile Parking RE Recreation Ch Church Overlay 01 Openlpace HOIP Hospilol Overloy AD Archileclurol Design Overlay f p.p floodplain Primary FP-1 Floodplain lernndary AA Airport Approach Of Orilling Island PE Pelroleum Exlrmtion Combining SC Senior Citizen Overlay HD Hillside Oevelopmenl Combining WM-West Ming lpedfic Pion l:' BAKERSFIELD t Feet 0 500 1,000 MAP PACKAGE\ PARCEL 1: APN: 172-140-05 Zone Change 22-0025 Exhibit B Exhibit "A" Legal Description FBT, INC. Zone Change The East half of Lot 14; the East half of Lot 15; all of those portions of Lot 13 and Lot 18, which lie West of the center line of the Kern Island Canal, all in Section 17, Township 30 South, Range 28 East, Mount Diablo Base and Meridian, City of Bakersfield, County of Kern , State of California, as shown on Sales Map No. 1 of Kern County Lands of J.B. Haggin, recorded in the office of the County Recorder of Kern County on May 3, 1889. EXCEPTING THEREFROM those portions of lot 13 and Lot 14 described as follows: Commencing at a 3" brass cap in a lamp hole, same being the East quarter corner of Section 18 of said Township and Range, also being a point on the center line of County Road No. 782, also known as "White Lane"; thence East, 1235.00 feet along the center line of said County Road No. 782 to the True Point of Beginning; thence southerly 430 feet along a line perpendicular to the center line of said County Road No. 782; thence Easterly 456.00 feet along a line parallel with the center line of said County Road No. 782 to the center line of the central branch of the Kern Island Canal; thence northwesterly along the center line of said canal to the centerline of said County Road No. 782; thence westerly along the center line of said County Road No.782, a distance of 202.00 feet to the True Point of Beginning. Containing 63.60± acres gross PARCEL 2: APN: 172-160-14 Parcel 3 of Parcel Map No. 2754, per Map recorded January 16, 1975 in Book 12, Page 100 of Parcel Maps, in the office of the County recorder of said County, also being a portion of the Southwest quarter of Section 17, Townsh ip 30 South, Range 27 East, Mount Diablo Base and Meridian, situated in the City of Bakersfield, County of Kern, State of California. Containing 4.50± acres gross 1 of 1