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.
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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.
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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.
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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)
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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
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