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Home My WebLink AboutORD NO 4234ORDINANCE NO. 4 g ~ 4 AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO. 102-21) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM FROM AN RS-5A (RURAL SUBURBAN - 5 ACRE MINIMUM) ZONE TO AN M-2 (GENERAL MANUFACTURING) ON 7+ ACRES; LOCATED AT THE SOUTHWEST CORNER OF MEANY AVENUE AND PATTON WAY. (FILE #04-1430) 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 generally located at the southwest corner of Meany Avenue and Patton Way (as shown on attached Exhibit 'B"). WHEREAS, by Resolution No. 4-05 on January 6, 2005 the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change 04-1430 as delineated on attached Zoning Map No. 102-21 marked Exhibit "C", 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 changes in zoning of the subject property from an RS-5A (Rural Suburban - 5 acre minimum) zone to an M-2 (General Manufacturing) zone on 7:t acres 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 Bakersfleld's CEQ^ implementation Procedures, have been duly followed by city staff, Planning Commission and this Council; 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 December 17, 2004, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows heavy industrial uses, with which the M-2 (General Manufacturing) zone is consistent; and WHEREAS, the City Council has considered and hereby makes the following findings: All required public notices have been given The provisions of the California Environmental Quality Act (CEQA) have been followed. The public necessity, general welfare and good zoning practice justify the requested change of zone from the existing zoning district to an M-2 (General Manufacturing) zone. SECTION 1. as follows: 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 adopted. "Exhibit A". Such zone change shall be subject to the conditions of approval attached as 4. Such zone change is shown on the vicinity map attached as "Exhibit B". 5. 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. 102-21 marked Exhibit "C" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "D" 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. the Council ......... 000 ......... HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by of the City of Bakersfield at a regular meeting thereof held on by the following vote: AYES: NOES: ABSTAIN: ABSENT: r" / -/' / / COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER COUNClLMEMBER COUNClLMEMBER PAMELA A. McCARTHY//(~MC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED MAR 9 200§ Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney LP/S:~.oneChange\O4-1430\CC\Ord-CC.DOC 3 EXHIBIT "A" CONDITIONS OF APPROVAL ZONE CHANGE #04-1430 PUBLIC WORKS 1. With submittal of a land division or Lot Line Adjustment application, provide fully executed dedication for Meany Avenue and Patton Way for ~ width collector standards, for the frontage of the subject property including expanded intersections and additional landscaping as directed by the City Engineer. Submit a current title report with the dedications. Prior to tentative approval of a development on or division of the site, a. If each parcel in the site is not currently served by a municipal sewer system, then submit to the City Engineer for review and approval a sewer study to show how municipal sewer service will be provided to the entire site. The study shall provide verification to the City Engineer of the capability of the existing sewer system to accept the additional flows to be generated through development under the new land use and zoning. b. indicate easements or offers of dedication necessary to permit implementation of the study such as major sewer line alignments and lift station sites, if any. With development on or any division of the site, a. Construct Meany Avenue and Patton Way to City ~ width collector standards along the frontage. b. if each parcel is not being served by a municipal sewer system, then extend sewer service to each parcel in the zone change area Submit a comprehensive drainage study to be submitted to and approved by the City Engineer. Site any drainage retention facility on the periphery of the GPA area to facilitate future expansion or consolidation of drainage facilities as adjacent area develops. The study shall be approved and any required retention site and necessary easements dedicated to the City. Provide an easement for the ultimate retention basin site, along with necessary easements for the transportation of drainage water to the site. 5. 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. 6. Development on the site shall be subject to the Traffic Impact Fee schedule in effect at the time of issuance of building permits. PLANNING LP / S:~_oneChange~O4-1430tCC~EXH A.doc Februa~ 24, 2005 If during construction activities or ground disturbance, cultural resources are uncovered, the subdivider shall stop work and retain a qualified archeologist for further study. Subdivider shall notify the proper authorities and be subject to any mitigation measures required of the archeologist. Mitigation measuro as recommendod IN A Cultural Resources Sruvey performed by Hud/ow Resources, dated October 2004. /,210 oVO~ ~0o ZONE CHANGE 04-1430 EXHIBIT D LEGAL DESCRIPTION All of the North seven (7) acres of Lot 12 in Section 21, Township 29 South, Range 27 East, Mount Diablo Meridian, m the County of Kern, State of California, according to and subject to the dedications and reservations contained upon that certain plat of said section entitled "Sales Map of Lands of Kern County Land Company in Section 21, Township 29 South, Range 27 East, Mount Diablo Meridian, in the County of Kern, State of California", dated July 13, 1891, filed in the Office of the County Recorder of said County on July 15, 1891. 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. 4234 , passed by the Bakersfield City Council at a meeting held on the 9th day of March, 2005 and entitled: AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO. 102-21) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM AN RS-5A (RURAL SUBURBAN - 5 ACRE MINIMUM) ZONE TO AN M-2 (GENERAL MANUFACTURING) ON 7+ ACRES; LOCATED AT THE SOUTHWEST CORNER OF MEANY AVENUE AND PATTON WAY. (FILE #04-1430) PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield DEPUTY Cit~ Clerk S:\DOCUMEN%FORMS~AOP.ORD.wpd