HomeMy WebLinkAboutORD NO 3802ORDINANCE NO. ~ R 0 ~
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP
NO. 124-03 BY CHANGING THE ZONING OF 1.5 ACRES
GENERALLY LOCATED AT THE NORTHEAST CORNER
OF MT. VERNON AVENUE AND E. BELLE TERRACE
FROM AN A (AGRICULTURE) ZONE 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 at the northeast corner of Mt.
Vernon Avenue and E. Belle Terrace; and
WHEREAS, by Resolution No.73-97 on September 4, 1997, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17
of the Municipal Code to approve zone change of the subject property from an A
(Agriculture) zone to an M-1 (Light Manufacturing) zone on 1.5 acres as delineated on
attached Zoning Map No. 124-03 marked Exhibit "1", 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) zone to an M-1 (Light Manufacturing) zone on 1.5 acres 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 July 31, 1997, 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:
1. All required public notices have been given.
2. The provisions of CEQA have been followed.
Based on an Initial Study, staff determined the proposed project will not
significantly affect the physical environment in the area and issuing a
Negative Declaration with mitigation is adequate.
The proposed zone change 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:
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. 124-03 marked Exhibit "1" attached hereto and made a part hereof, and are
more specifically described in attached Exhibit "2"
4. Such zone change is hereby made subject to the conditions of
approval listed in attached Exhibit "3".
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.
......... 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
OCT 2 2 1997
, by the following vote:
ficio (~le)~ of the
Council of the City of Bakersfie'~
APPROVED OCT 22 ~
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY $KOUSEN
CITY ATTORNEY
res\oz0359-cc
DR/p jr
September 15, 1997
.Q
CITY OF BAKERSFIELD
ZONING MAP
SEC O~ T -',Os
~EGEND
12q -03
EXHIBIT "2"
Legal Description
Zone Change No. P97-0359
That portion of fractlonai Northwest quarter of Section J. in TownsolD ]0
South. Ran~e 28 Eaat. M.D.B.&M.. in the Couotv of Kern. 8~ate of California.
accoruing to the Official Plat thereof. described as follows:
thence Morth 1 degrees 01' ~2" East. along the West line thereof. 1~0.00 feet:
thence South 88 degrees 58' 32" East. ~5.00 feet to the true posnt ~f
begznninK: thence continuing South 88 degrees 58' 2~" East. 3~2.9~ feet.
thence South 1 degrees 0]' 32" West. 205.13 feet. thence 5ortn 76 degrees 2C'
51" West. 63.72 feet to the beginning of a 1730.00 foot tadluG tangent curve,
of 10 degrees 05' 20" an arc distance of 304.63 feet. :hence 5orth ~2 degrees
a4' 50" West. 27.87 feet: ~hence North 1 degrees 0I' 22" East. along the East
line of the West 55.00 feet of sa~d Northwest quarter. 121.61 feet t~ t~e true
EXCgPTING THEKEFROM all oil. gas and other minerals contained within the
property hereinabove deScrlbed. together with other rights. as excepted and
reserved of records.
There ~s slzuated on the above described land a security light and lamppost
w~ch is to rema/n ~e personal property of the Grantor. and the Grantor
r~-~a=ns t. he r=~,l~ =o enter upon said land for rep~r and ma=nten~ce of ~
s~urity 1'~ ~ ~ost: and "Said r~s of Gz~or to: ~I) s~ ~
s~crlt? ~ ~ ~ pose on the sub~ P~V, ~d (2) enter ~ ~
s~jecc ~? ~ ~r and maznCazn~~xT light and l~p ~ ~
e~emencs ~ S~ ~ich are personal to ~ G~. ~e Grantor shall ~
have the p~er ~o ~n or tr~/er any l~teresc ~n the subleer euement
c~ated herein and any a~tempt ~o do so shall ternate said easement.
Notvlc~[andi~ the /oresoz,. c~e Gr~tee shall have the absolute right to
r~ve. and relocate. aC Gr~tee~s e~ense. the subleer llsht and l~p posc
~ther location as designated by Gr~tor oil oi the subiect properly. ~azd
rwval and reincation of the security light and l~p post shall extinguish
the e~ent in. Gross created herein. Grantor agrees ~o execute a quitclaim
l~C~nC to:evidence such an excl~uls~ent of the subject euemen[. i[
~uested by Gr~tee to do
"l~ovided. however that, tl~s conveyance is made subject to the follow~n~
ro~trzctlve covenants:
(&) SO Ion& u Grantor o~n~ real property conglguous to the subject property,
t!M~ the Grantee. its heirs. successors or a~a~n~ a~ree that any subsequent
g~e -~/or leue of the subject property or any part thereof ~.11 be made
only to (1) any Governmental or quas~-~over~ental entity without the
requ~remnt of any consent by Grantor; (2) any non-~overnnental or
nou-quIs~-Governmental entity ~ho~e purpose is related to a~r~culture. without
t!~ requ~l~neng of any consent by Grantor; or (3) any nnn-~nvel~mental or
mm-qtmt~-Gnverlmengal entity ~hone purpose is not related to a&riculture. i~
Grantmr consents ~rit~n~; and
G(B) The restrictive covenmltm reserved herein by Gr&utmr are in grosg
rantmr only and are exlarensly per~nnal to the Grantor. The Grantor s~ltall no{~d~,
have ~e !~uer to m~ or t~ler ~y tnte~st ~ ~e r~t~c~ve
~ he~ ..d ~y att~t tm do so s~l te~tm s~d
EXHIBIT "3"
Conditions of Approval and Mitigation Measures
Zone Change P97-0359
1. Cultural Resources:
If, during construction, anything of archaeological significance is uncovered, construction
shall be halted and a competent archaeologist shall be retained on-site to supervise
excavation. (Mitigation)
p:zO359-ec
Minutes ,"'t~C~ 9/4/97
" ..... Page 2
A motion was ma~cleby Commissioner Kemper seconded by Commissioner
Tkac, to approve Tentative Parcel Map 10456 with findings and conditions set
forth in the attached resolufio~nT, Exhibit A. Motion carried.
PUBLIC HEARING - EXTENSION OF TIME._-. T~ENTATIVE TRACT $738
No staff report was given recommending this item b(~ ~ontinued in accordance
with the applicant's request.
Commissioner Tavorn asked if the delay of this item would have any effe~ct.on
the canal project. Staff replied that it would not. --.
The public hearing portion of this item was opened.
Mr. Carl Moreland, Telstar Engineering, stated that the applicant was in
agreement with Staff's recommendation.
A motion was made by Commissioner Boyle, seconded by Commissioner Tkac,
to continue this item to the regular meeting of September 18, 1997. Motion
carried.
PUBLIC HEARING - ZONE CHANGE - ZONE CHANGE P97-0359 FROM AN A
(AGRICULTURAL_) TO AN M-1 (LIGHT MANUFACTURING) ZONE ON 1.5
ACRES LOCATED AT THE NORTHEAST CORNER OF MT. VERNON
AVENUE AND EAST BELLE TERRACE
Staff report was given recommending approval with conditions.
The public hearing portion of this item was opened; no one spoke in opposition.
Mr. Loren Hodge, Executive Director of the Kern County Farm Bureau, stated
that this zone change is the final portion of the Ag Complex Center originally
conceived in 1980, and urged the Commission to approve it.
Commissioner Boyle enquired of possible opposition from the school district.
Staff replied that such an incident occurred on a zone change on City-owned
property adjacent to the school site, and that no communication from the school
district in opposition to this,zone change had been received.
A motion was made by Commissioner Tkac, seconded by Commissioner Ortiz,
to approve and adopt the negative declaration, and to approve zone change
P97-0359 with findings and conditions set forth in the resolution attached as
Exhibit E. Motion carried by the following roll call vote:
AYES: Commissioners Boyle, Kemper, Ortiz, Tavorn, Tkac, Brady
NOES: None
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA )
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 23rd day of October, 1997 she posted on the Bulletin Board at City Hall,
a full, true and correct copy of the following: Ordinance No. 3802, passed by the
Bakersfield City Council at a meeting held on the 22nd day of October, 1997, and entitled:
Ordinance amending Title Seventeen of the
Bakersfield Municipal Code and Zoning Map
No. 124.03 by changing the zoning of 1.5
acres generally located at the northeast
Corner of Mt. Vernon Avenue and E. Belle
Terrace from an A (Agriculture) Zone to an
M-1 (Light Manufacturing) Zone.
/s/ PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
City Clerk