HomeMy WebLinkAboutORD NO 4211ORDINANCE NO. ~ ~ I I
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION
AND AMENDING SECTION 17.06.020 (ZONE MAP NO. 102-15)
OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL
CODE BY CHANGING THE ZONING FROM C-2 (REGIONAL
COMMERCIAL TO M-I(LIGHT MANUFACTURING) ON 13.18
ACRES GENERALLY LOCATED ALONG THE NORTH SIDE OF
HAGEMAN ROAD BETWEEN LANDCO ROAD AND KNUDSEN
DRIVE (FILE ZC # 04-0410)
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 propedies in the City of Bakersfield
generally located along the north side of Hageman Road between Landco Road and Knudsen
Drive more specifically described in attached Exhibit B 3; and
WHEREAS, by Resolution No. 66-04 on June 16, 2004, the Planning Commission
recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code
to approve M-1 zoning as delineated on attached Zoning Map t02-15 marked Exhibit B 2, 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 Mitigated Negative Declaration of
environmental impact and changes in zoning of the subject property from C-2 to M-1 and the
Council has considered said findings and ail appear to be true and correct; and
WHEREAS, the law and regulations relating to the preparation and adoption of Mitigated
Negative Declarations, as set fodh 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 Mitigated Negative Declaration was advertised and posted onApril 23,
2004, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows urban 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 the California Environmental Quality Act have been followed.
Mitigation Measures shown on Exhibit No. B 1 are included in the project to
ameliorate impacts.
The proposed project is consistent with the surrounding land uses.
The proposed project is consistent with the Metropolitan Bakersfield General
Plan.
The public necessity, general welfare and good planning practices justify the
amendment to Title Seventeen of the Municipal Code and Zoning Map No. 102-
15.
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.
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.
The Negative Declaration is hereby approved and adopted.
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 properly is shown on
Zoning Map marked Exhibit B 2 attached hereto and made a part hereof, and are
more specifically described in attached Exhibit B 3.
Such zone change is hereby made subject to the mitigation measures/conditions
of approval listed in attached Exhibit B 1, subject to approval of GPA
04-0435.
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.
......... O00 .........
HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by the
of Bakersfield at a regular meeting thereof held on
s~t~ 2t~e200~ty by the fo,,ow,ng vote:
ABSTAIN:
ABSENT:
COUNCILMEMBER COUCH, CARSON, BEN'AM, MAGGARD, HANSON, SULLIVAN, SALVAGG~O
CQUNC~LMEMBER
COUNCILMEMBER
COUNCILMEMBER
PAMELA A. McCARTHY, (~1~
CITY CLERK and Ex Officio Crerk
Council of the City of Bakersfield
of the
APPROVED SEP 2 2 2004
APPROVED as to form
VIRGINIA GENNARO
City Attorney
EXHIBITS: (Attached)
B 1 Mitigation/Conditions
B 2 Map
B 3 Legal Description
3
EXHIBIT B 1
GENERAL PLAN AMENDMENT 04-0410
MITIGATION
Cultural
If any human remains are discovered, all work shall stop until the Kern County
Coroner has been notified and has evaluated the remains. If any other
archaeological artifacts are discovered during site development, all work shall
stop until the find has been evaluated by a qualified archaeologist or historian.
If cultural resources are uneadhed during ground disturbance activities, all work
shall halt in the area of the find. A qualified professional archaeologist shall be
called in to evaluate the findings and make the appropriate mitigation
recommendations.
With submittal of a tentative map application, site plan review or grading plan,
whichever occurs first, a cultural resources field survey shall be provided to the
Planning Director.
Prior to issuance of an occupancy permit, the subject site shall be in compliance
with applicable conditions required by Conditional Use Permit 03-0744, Tentative
Parcel Map11010 and Site Plan Review 04-0401.
CONDITIONS
Planninq
1. The precise location of the abandoned and plugged well "KCL-G" 3 shall be
accurately plotted on a map of the subject site and such map shall be presented
to the City of Bakersfield Planning Department and the Department of
Conservation, Division Of Oil, Gas and Geothermal Resources prior to any on-
site construction. The generalized location of the oil well is shown on Tentative
Parcel Map No. 11010.
Public Works
1. Along with submittal of any development plan, tentative subdivision map, or
application for a lot line adjustment, the following shall occtJr:
a. Provide tully executed dedication for Landco Drive, Hageman Road and
Knudsen Drive if necessary, to arterial and collector standards for the full
frontages of the area within the GPA request. Dedications shall include
sufficient widths for expanded intersections and additional areas for
landscaping as directed by the City Engineer. Submit a current title report
with the dedication documents.
Submit a comprehensive drainage study to be reviewed and approved by the
City Engineer. No more than 2 sumps may be utilized to serve this area;
these sumps should be located so that they may be available to serve
adjacent areas as they develop. If only one sump is utilized to serve this
GPAfZC area, it need not be so located. The study shall be approved and
any required retention site and necessary easements dedicated to the City.
Submit verification to the City Engineer of the existing sewer system's
capability to accept the additional flows to be generated through development
under the new land use and zoning.
Access to the arterial and collector streets will be limited and determined at
time of division or development. Determination of whether a right turn lane is
required at the access street(s) will also be made at the time of division or
development. A full access opening will only be considered if the developer
funds and installs a traffic signal at the site entrance. Said signal will only be
permitted if a signal synchronization study is submitted and approved, which
shows progression is not adversely affected.
The entire area covered by this General Plan Amendment shall be included in
the Consolidated Maintenance District. The applicant shall pay all fees for
inclusion in the Consolidate Maintenance District with submittal of any
development plan, tentative subdivision map, Site Plan Review, or application
for a lot line adjustment for any portion of this GPA area.
TRAFFIC COMMENTS
A trip generation analysis dated February 8, 2004 was prepared by Porter-
Robertson Engineering showing a reduction in trip generation. The higher
allowable density is accounted for in the Transportation Impact Fee program,
which provides full mitigation. Therefore, since this change would constitute
a reduction in trip generation the mitigation provided for in the fee program
will provide adequate mitigation. Consequently no traffic impact study would
be necessary.
We concur with the findings of the analysis and recommend that the
development be required to pay into the adopted Regional Traffic Impact Fee
fixed rate program.
S:~)ole',D4~410~Exhlbit B 1 Final Mitigation.docc
Mor.~a y. June 28. 2004
0[1~0-170 39NVHO 3NOZ
EXHIBIT B 3
LEGAL DESCRIPTION
FOR
ZONE CHANGE 04-0410
All those portions of the parcel of land described as "General Commercial Northeast
Corner of Hageman Road and Knudsen Drive" per Grant Deed recorded as document
no. 0201081927 of Official Records and re-recorded as document no. 0201186775 of
Official Records, both in the office of the Kern County Recorder. Also being a portion of
the Northeast quarter of Section 15, Township 29 South, Range 27 East, Mount Diablo
Meridian, in the City of Bakersfield, County of Kern, State of California, more particularly
described as follows:
Beginning at the Northeast corner of Lot 3 of Lot Line Adjustment No. 3-93 per
Certificate of Compliance recorded February 8, 1995 as document no. 0195015706 of
Official Records in the office of the Kern County Recorder, also being a point on the East
line of said Northeast quarter;
Thence (1) South 00°16'43'` West: ~Iong said East line, a distance of 774.81 feet;
Thence (2) North 89°43'17' West, a distance of 48.24 feet;
Thence (3) North 89°17'05" West, a distance of 14t.09 feet;
Thence (4)
No~h 00°42'55"West, a distance of 775.76feetto the No~i~line of said
Lot 3;
Thence (5) South 89005'45" East along said North line, a distance of 183.43 feet to
the point of beginning.
Together with:
Commencing at the Northeast corner of said Lot 3; Thence North 89005'45" West along
the North line of said Lot 3, a distance of 434.04 feet to the point of beginning;
Thence (1)
continuing North 89005'45" West along said North line, a distance of
172.93 feet to the intersection of said North line and the centerline of
Knudsen Drive;
Thence (2) South 00°06'17'' East along said centerline, a distance of 390.97 feet;
Thence (3) North 89053'43" East, a distance of 46.24 feet;
Thence (4) North 90°00'00'' East, a distance of ].25.83 feet;
('continued o.n paste 2)
Thence (5) North 00°01'07'' East, a distance of 388.15 feet to the point of beginning.
Together with:
Commencing at the Northeast corner of said Lot 3; Thence North 89005'45'' West along
the North line of said Lot 3, a distance of 607.01 feet to a point on the centerline of
Knudsen Drive; Thence South 00°06'17'' East along said centerline, a distance of 502.30
feet to the point of beginning;
Thence (1) continuing South 00°06'17'' East along said centerline, a distance of
184.65 feet to the beginning of a curve concave easterly and having a
radius of 1750.00 feet;
Thence (2) along said centerlne and said curve through a central angle of 10050'47'',
an arc distance of 331.28 feet;
Thence (3) South 10°57'28'' East along said centerline, a distance of 99.09 feet to
the centerline intersection of said Knudsed Drive and Hageman Road,
said intersection point being the beginning of a nomtangnent curve
concave southerly and.having a radius of 1500.00 feet, from which
beginning of curve the radius point bears South 18°49'15'' East;
Thence (4) easterly along the centerline of said Hagernent Road and said curve
throu9h a central angle of 12°33'48'', an arc distance of 328.91 feet;
North 06°15'27'' West, a distance of 64.29 feet;
North 00059'47" East, a distance of 175.12 feet;
South 89°56'37'~.,¥est, a distance of 191.60 feet;
North 05040'24`` West, a distance of 61.16 feet;
North 00°00'00'' East, a distance of 225.57 feet;
South 90000'00'' West, a distance of 23.16 feet;
North 00°00'00'' East, a distance of 14.67 feet;
South 90000'00' West, a distance of 99.42;
South 89053'43'' West, a distance of 47.28 feet to the point of beginning.
Thence (5)
Thence (6)
Thence (7)
Thence (8)
Thence (9)
Thence (10)
Thence (11)
Thence (12)
Thence (13)
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 22nd day of September, 2004 she posted on the Bulletin Board at
City Hall, a full, true and correct copy of the following: Ordinance No. 4211 , passed by
the Bakersfield City Council at a meeting held on the 22nd day of September, 2004
and entitled:
AN ORDINANCE ADOPTING A NEGATIVE
DECLARATION AND AMENDING SECTION 17.06.020
(ZONE MAP NO. 102-15)OF TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE BY CHANGING THE
ZONING FROM AN C-2 (REGIONAL COMMERCIAL TO
M-1 (LIGHT MANUFACTURING) ON 13.18 ACRES
GENERALLY LOCATED ALONG THE NORTH SIDE OF
HAGEMAN ROAD BETWEEN LANDCO ROAD AND
KNUDSEN DRIVE. (FILE ZC #04-0410)
~si PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
(~ DEPUTY~City Clerk