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HomeMy WebLinkAboutORD NO 3945ORDINANCE NO. 8 9 z~ 5 AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 123-14 BY CHANGING THE ZONING OF 8.89 ACRES GENERALLY LOCATED ALONG THE EAST SIDE OF STINE ROAD NORTH OF PACHECO ROAD AND ALONG THE NORTH SIDE OF THE UNION PACIFIC RAILROAD RIGHT- OF-WAY FROM M-I(LIGHT MANUFACTURING) TO M-2 (GENERAL MANUFACTURING). (ZC P99-0623) 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 located at 4800 Stine Road, generally along the east side of Stine Road north of Pacheco Road and along the north side of the Union Pacific Railroad right-of-way; and WHEREAS, by Resolution No. 193-99 on November 4, 1999 the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change P99-0623 as delineated on attached Zoning Map No. 123-14 marked Exhibit "A", 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 M-1 to M-2 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 was advertised and posted on September 10, 1999, 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. The provisions of the California Environmental Quality Act have been followed. The proposed zone change will not have a significant effect on the environment. The proposed zone change is consistent with the surrounding land uses. 10. 11. 12. The proposed zone change is consistent with the land use designations of the Metropolitan Bakersfield 2010 General Plan Land Use Element. and Circulation Element. The proposed zone change is consistent with the policies of the Metropolitan Bakersfield 2010 General Plan Land Use Element. 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 of the Sate of California 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. On July 11, 1996, the City filed complaint in court seeking permanent injunction and civil penalties against property owners. The complaint sought removal of eight underground tanks; On May 15, 1997, the Kern County Superior Court ordered permanent injunction and civil penalties ordering property owners to remove the tanks. The Court ordered that the City would have the jurisdiction to abate the tanks, and the property owners were fined $50,000; During the spring of 1999, the City obtained a Court order appointing a receiver, the order vests in the receiver full authority for the ownershio, operation, maintenance and disposition of the property to enforce nuisance abatement; The City Attorney's office has been advised by the receiver, realtor and prospective buyer that the property would be more marketable if it was zoned M-2. August 20, 1999, the City Attorney requested the Planning Department to process a zone change from M-1 to M-2. as follows: 13. The proposed project is consistent with the Metropolitan Bakersfield 2010 General Plan. SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield 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. 123-14 marked Exhibit "A" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "B ". 4. Such zone change is hereby approved. 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 .J, ~1 1_ '2. ?fl00 , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO COUNCILMEMBER 1% COUNCILMEMBER ~ ~4,.IE- COUNCILMEMBER l'J ~kf~ CITY CLERK and Ex OfficiqC~Clerk Council of the City of Bakersfield of the APPROVED JAN 12~ ~.~DO I~B PRICE MAYOR of the City of Bakersfield APPROVED AS TO FORM: BART J. THILTGEN City Attorney By:. s:dole\0623\zcord November 29, 1999 3 EXHIRIT "A" LANE ITl CITY OF BAKERSFI[Lr) ZONING MAP 17'5-14 SEC 14 T. ~*05 R. 27[ LEGEND ~TY@~ ~~ EXHIBIT "B" Legal Description Zone Change P99..0623 All of the South 10 acres of the Southwest quarter of the Southwest quarter of Section 14, Township 30 South, Range 27 East. Mount Diablo Meridian. in the unincorporated area of the County of Kern, State of California, as per the official plat thereof, EXCEPTING THEREFROM a strip of Tract of land 100 feet wide living equally on each side of the located line of the Southern Pacific Railroad. Bakersfield to Asphaltum Beds, where the same is located through the Southwest quarter of the Southwest quarter of said Section 14. ALSO EXCEPTING THEREFROM Parcel Map 4207, in the City of Bakersfield, County of Kern, State of California, as per Parcel Map filed August 1, 1977, in Book 18, Page 192 of Parcel Maps, in the office of the County Recorder of said County. ALSO EXCEPTING THEREFROM 50% of all oil, gas and other hydrocarbon substances and minerals, as reserved in Deed recorded February 18, 1955 in Book 2372, Page 260 Official Records. ALSO EXCEPTING THEREFROM 25% of all oil, gas and other hydrocarbon substances and minerals within or underlying said land, as reserved by Howard Dickson, et al by Deed recorded January 2, 1962 in Book 3448, Page 324, Official Records. 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 13th day of January , 2000 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3945 , passed by the Bakersfield City Council at a meeting held on the entitled: 12th day of January 2000 and An ordinance amending title seventeen of the Bakersfield Municipal Code and zoning Map No. 123-14 by changing the zoning of 8.89 acres generally located along the east side of Stine Road north of Pacheco Road and along the north side of the Union Pacific Railroad right-of-way from M-1 (light manufacturing) to M-2 (general manufacturing). /s/PAMELA A. McCARTHY City Clerk of the City of Bakersfield S:\DOCU M E N'ISAOPOSTIN G January 13, 2000