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
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~~
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