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HomeMy WebLinkAboutORD NO 4233ORDINANCE NO. 4 ~ 3 3 AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 102-21 BY CHANGING THE ZONING FROM R-S-5A (RESIDENTIAL SUBURBAN 5 ACRES MINIMUM) TO M-2 (GENERAL MANUFACTURING) ZONE ON THREE ACRES, LOCATED SOUTHEAST CORNER OF COFFEE ROAD AND DOWNING ROAD. (ZC 04-1349). (Ward 4). 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 west of Coffee Road and Downing Road; and WHEREAS, by Resolution No. 155-04 on November 4, 2004, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve R-S-5A (Residential Suburban-5 Acres Minimum) to M-2 (General Manufacturing) zone as delineated on attached map marked Exhibit "B", 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 and changes in zoning of the subject property from R-S-5A (Residential Suburban-5 Acres Minimum) to M-2 (General Manufacturing) zone 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 for the proposal was advertised and posted on October 5, 2004, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows single family residential development; and WHEREAS, the City Council has considered and hereby makes the following findings: 1. The above recitals and findings are true and correct and constitute the findings of the Planning Commission in this matter. 2. All required notices have been given. The provisions of the California Environmental Quality Act (CEQA) have been followed. Based on the initial study and comments received, staff has determined that the proposed project could not have a significant effect on the environment. A Negative Declaration was prepared and sent to responsible agencies and property owners within 300 feet of the project site. A Negative Declaration was prepared for this project in accordance with CEQA. That infrastructure exists or can easily be provided to accommodate the types and intensities of the proposed development. The public necessity, general welfare and good zoning practice justify the recommended change of zone to M-2 (General Manufacturing) zone on approximately three acres located at the southeast corner of Coffee Road and Downing Road. The project site is designated SI (Service Industrial) on the Metropolitan Bakersfield General Plan Land Use Plan. 8. The recommended zone change is compatible with the surrounding uses. The recommended zone change is consistent with the Metropolitan Bakersfield General Plan. 10. That Zone Change No. 04-1349 is hereby approved as recommended by staff with mitigation measures adopted in the Negative Declaration. 11. That Section 17.06.020 (Zoning Map) of the Municipal Code of the City of Bakersfield be amended by changing the land use zoning M-2 (General Manufacturing) zone on approximately three acres on Map No. 102-21, of that certain property in the City of Bakersfield. 12. That Zone Change No. 04-1349, as outlined above, is hereby recommended for approval with mitigation and conditions of approval shown on Exhibit "A". 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 2. The Negative Declaration is hereby approved and adopted. Section 17.06.020 (Zoning Map) of the Municipal Code of the City of Bakersfield is hereby amended by changing the land use zoning of that certain property being annexed to the City, the boundaries of which is shown on the map marked Exhibit "B" attached hereto and made a part hereof. Such zone change is hereby made subject to the conditions of approval listed in attached Exhibit "A". 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 ........ 3 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 one, by the following vote: AYES: COUNClLMEMBER COUCH, CARSON, BENHAM. MAGGARD, HANSON, SULLIVAN, SCRIVNER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER ,~-L-, CITY CLERK and Ex Oifi~io Clerk of the Council of the City of Bakersfield APPROVED MAR 9 200§ APPROVED as to form: VIRGINIA GENNARO City Attorney Attachments: EXHIBIT "A" - Conditions of Approval. EXHIBIT "B" - Map. EXHTBIT "C' - Legal Description. MO:djl S:~ZoneChange\04-1349~Resolufions~ozc-cc.doc 4 Exhibit A Conditions of Approval Zone Change No. 04-1349 The Zone Change will not become effective until July 14, 2006. (Condition) Construction of the project requires the implementation of control measures set forth under Regulation VIII established by the San Joaquin Valley Air Pollution Control District. (Mitigation) No archaeological resources were identified on the project site, however, if cultural resources are discovered during ground disturbance activities, all work shall halt in the area of the find. A qualified professional archaeologist shall be consulted to evaluate the findings and make the appropriate mitigation recommendations. The developer shall be responsible to meet these recommendations, prior to continuance of the project in the area of the find. (Mitigation) If human remains are discovered or identified on the project site at any time or during site disturbance, work shall stop at the location of the find and the Kern County Coroner shall be notified immediately (Section 7050.5 of the California Health and Safety Code and Section 5097.98 of the California Public Resources Code which detail the appropriate actions necessary for addressing the find) and the local Native American community shall be notified immediately. (Mitigation) S:~ZoneChange\04-1349~Adrn Staff Reports\Exhibit A Condition.doc ZONE CHANGE 04-1349 ZONING MAP I02 21 EXHIBIT "C" ZONE CHANGE 04-1349 LEGAL DESCRIPTION All of that portion of Lot 24 in Section 21, Township 29 South, Range 27 East, Mount Diablo Base and Meridian, in the County of Kern, State of California, according to the Sales Map of Lands of Kern County Land Company, filed for record on July 15., 1891 in the Office of Kern County Recorder, more particularly described as follows: Commencing at a concrete monument tagged southwest comer of Lot 9 of said Sales Map as shown per Record of Survey map, recorded on April 4, 1947 in Book 5 at Page 103 of Record of Survey in the Office of Kern County Recorder, said point also being the intersection of the centerlines of Coffee Road and Downing Avenue (County Road No. 339); thence South 00°10'57" East along said centerline of said Coffee Road, a distance of 30.00 feet to a point on the westerly prolongation of the south right of way of said Downing Avenue; thence South 89°46'00" East along said prolongation of said Downing Avenue, a distance of 66.00 feet to the TRUE POINT OF BEGINNING; Thence ( 1 ) South 89°46'00" East along said south right of way of Downing Avenue, a distance of 228.69 feet; Thence (2) South 00°46'00'' West, a distance of 98.00 feet; Thence (3) North 89°46'00'' West, a distance of 227.07 feet to a point on the east right of way of said Coffee Road: Thence (4) North 00°10'57'' West along said east right of way of Coffee Road, a distance of 98.00 feet to the TRUE POINT OF BEGINNING. Containing 0.51 Acres 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 10th day of March , 2005 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4233 , passed by the Bakersfield City Council at a meeting held on the 9th day of March, 2005 and entitled: AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 102-21 BY CHANGING THE ZONING FROM R-S-5A (RESIDENTIAL SUBURBAN 5 ACRES MINIMUM) TO U-2 (GENERAL MANUFACTURING) ZONE ON THREE ACRES, LOCATED SOUTHEAST CORNER OF COFFEE ROAD AND DOWNING ROAD. (ZC 04-1349). (WARD 4) PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield DEPUTY City Clerk S:\DOCU MEN'I~FORMS~AOP.ORD,wpd