Loading...
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