HomeMy WebLinkAboutORD NO 4251 ORDINANCE NO. 4 O_'S !
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO.
101-01 BY CHANGING THE ZONING FROM A
(AGRICULTURE) TO M-2 (GENERAL MANUFACTURING)
ZONE ON 22.5 ACRES LOCATED ALONG THE NORTH SIDE
OF SNOW ROAD GENERALLY EAST OF ALLEN ROAD. (ZC
04-1343) (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 by MAURICE ETCHECHURY to change the land use zoning of those certain property being
annexed to the City of Bakersfield located along the north side of Snow Road, generally east of
Allen Road; and
WHEREAS, by Resolution No. 202-04 on December 16, 2004, the Planning Commission
recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to
approve 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 of environmental impact and
changes in zoning of the subject property from A (Agriculture) 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, the Planning Commission and this Council; and
WHEREAS, a Negative Declaration for the proposal was advertised and posted on
November 2, 2004, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows commercial 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.
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.
~ORIGiI4Ai
The public necessity, general welfare and good zoning practice justify the
recommended change of zone to M-2 (General Manufacturing) zone on 22.5 acres
located along the north side of Snow Road, generally east of Allen Road.
The project site, with prior approval of General Plan Amendment No. 04-1343, is
designated SI (Service Industrial) on the Metropolitan Bakersfield General Plan Land
Use Plan.
The recommended zone change will reflect the previously adopted General Plan
Amendment No. 04-1343.
8. The recommended zone change is compatible with the surrounding uses.
The recommended zone change is consistent with the Metropolitan Bakersfield
General Plan, subject to prior approval of General Plan Amendment No. 04-1343.
10.
11.
That Zone Change No. 04-1343 is hereby approved as recommended by staff with
mitigation measures adopted in the Negative Declaration.
That Section 17.06.020 (Zoning Map) of the Municipal Code of the City of
Bakersfield be amended by changing the land use zoning to M-2 (General
Manufacturing) zone on 22.5 acres on Map No. 101-01, of that certain property being
annexed to the City of Bakersfield as described in Exhibit "C" herein attached.
12.
That Zone Change No. 04-1343, as outlined above, is hereby recommended for
approval with mitigation and conditions of approval shown on Exhibit "A", subject to
prior approval of General Plan Amendment No. 04-1343.
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. 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 being annexed to the City, the boundaries of which property is shown on the
map marked Exhibit "B" attached hereto and made a part hereof, and are more
specifically described in attached Exhibit "C".
Such zone change is hereby made subject to the conditions of approval listed in
attached Exhibit "A", and subject to prior approval of General Plan Amendment No.
04-1343.
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.
ORIGtN,&i
I HEREBY CERTIFY that the foregoing Ordinance was passe, d,.~3d, a_dopted by the Council
of the City of Bakersfield at a regular meeting thereof held on /4P'R ~ ? 200~ . by the
-" 'tollow~ng vote:
(~: COUNCILMEMBER COUCH, CARSON, BENHAM, MACGARD, HANSON, SULLIVAN, SCRIVNER
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
PAMELA A. McCARTHY, CMC//)
CITY CLERK and Ex Officio Cl~ of the
Council of the City of Bakersfield
APPROVED APR 2 7 2005
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
Attachments:
Exhibit A - Conditions of Approval
Exhibit B - Map
Exhibit C - Legal Description
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EXHIBIT A
Conditions of Approval
General Plan Amendment/Zone Change No. 04-1343
No archaeological resources were identified on the project site, however, if
archaeological resources are encountered during the course of construction, a qualified
archaeologist should be consulted for further review of the entire parcel. Any measures
by the archaeologist shall be complied with at that time. (Mitigation Measure).
The developer of the project site shall be required to pay into the adopted Regional
Traffic Impact Fee fixed rate program. The fee program improvements mitigate impacts
of the existing densities and therefore, will do so due to the minor increase. (Mitigation
Measure).
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 Measure).
Public Works Conditions:
With submittal of a land division or Lot Line Adjustment application, provide fully
executed dedication for Allen Road Drive and Snow Road to arterial and collector
standards, including expanded intersections and additional landscaping as directed by
the City Engineer. Submit a current title report with the dedications.
5. The site is within and to subject conditions of the Western Rosedale Specific Plan.
6. Prior to tentative approval of a development on or division of the site
provide dedication of a connection of Allen Road to Zerker Road. If the
developer/subdivider cannot obtain the right of way, then he shall post the
required upfront costs for eminent domain proceedings and enter into an
agreement with the City and pay all costs for obtaining the right of way.
and 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.
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.
Exhibit A
Conditions of Approval
GPNZC 04-1343
Page 2
10.
11.
With development on or any division of the site:
construct Allen Road to City collector standards along the west boundary of the
parcels, including the connection of Allen Road to Zerker Road.
construct Snow Road to City arterial standards along the GPNZC boundary.
if each pamel is not being served by a municipal sewer system, then extend
sewer service to each parcel in the GPA area. The North of River Sanitary
District is the sewer provider for the 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.
Payment of median fees for the frontage of the property within the GPA request. These
fees may be paid prior to recordation of the final map or building permit.
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.
Development on the site shall be subject to the Traffic Impact Fee schedule in effect at
the time of issuance of building permits.
12. Traffic Comments:
A Traffic Analysis letter dated October 13, 2004, was submitted submitted by
Ruettgers-Schuler. It states this proposal will result in no appreciable change in
potential trip generation from previously approved entitlements and therefore no
additional traffic study is needed. This conclusion is based on a comparison of the
similarity between City and County Land Use/Zoning designations. It also assumes
development under the City tiered zoning policy which allows more intense retail
commercial development would not take place. Please note, on a previous case on this
agenda (04-1340) an M-2 zone was proposed and the traffic study for it assumed the
worst case retail development.
ORiGiNAL
Exhibit A
Conditions of Approval
GPNZC 04-1343
Page 3
Should this proposal be approved without further traffic study some sort of zoning
restriction must be placed to only allow the similar industrial uses allowed under the
County Land Use/Zoning designations. If this restriction cannot be placed then the
proposed GPA should be continued pending preparation of a full traffic impact study,
The development shall be subject to all previous requirements and shall be required to
pay into the adopted Regional Traffic Impact Fee program. The fee program
improvements mitigate impacts of the existing densities.
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O?,~GiNAL
ZONE CHANGE 04-1343
ZONING M~° 101-01
C)RIC~:NAL
EXHIBIT "C"
ZONE CHANGE 04-1343
LEGAL DESCRIPTION
PARCEL "B"
BEING A PORTION OF LOT LINE ADJUSTMENT NO. 39-99 AS PER
CERTIFICATE OF COMPLIANCE RECORDED AS DOCUMENT NO. 0199077232,
O.R_, WITHIN THE WEST HALF OF SECTION 1, TOWNSHIP 29 SOUTH, RANGE
26 EAST, MOUNT DIABLO BASE & MERIDIAN, IN THE COUNTY OF KERN,
STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMLMESNCING AT THE SOUTHWEST CORNER OF SAID SECTION t, T. 29 S.,
R. 26 E. M_D.B.&M., TH3ENCE NORTH 00°03'59" EAST ALONG THE WEST LINE
OF SAID SECTION 1, A DISTANCE OF 1477.84 FEET, TO THE TRUE POINT OF
BEGINNING; THENCE CONTINUING ALONG SAID WEST LINE, NORTH
00003'59" EAST, A DISTANCE OF 422.42 FEET; THENCE SOUTH 89°56'01" EAST,
A DISTANCE OF 516.09 FEET; THENCE SOUTH 00°04'26" WEST, A DISTANCE
OF 422_42 FEET; THENCE NORTH 89°56'01" WEST, A DISTANCE OF 516.03
FEET, TO A POINT ON THE SOUTH LINE OF SAID SECTION 1, ALSO BEING
THE POL'NT OF BEGINNING.
CONTAtq'4'ING 5.00 ACRES (217,996 SQ. FT.) MORE OR LESS
Page 1 of 4
EXHIBIT "C"
Zone Change 04-1343
Legal Description
PARCEL "C'
BEING A PORTION OF LOT LINE ADJUSTMENT NO. 39-99 AS PER
CERTIFICATE OF COMPLIANCE RECORDED AS DOCUMENT NO. 0199077232,
O.R., WITHIN THE WEST HALF OF SECTION 1, TOWNSHIP 29 SOUTH, RANGE
26 EAST, MOUNT DIABLO BASE & MERIDIAN, IN THE COUNTY OF KERN,
STATE OF CALIFORNI.as MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH~rEST CORNER OF SAID SECTION 1, Y. 29 S.,
R 26 E. M.DB.&M.,; THENCE NORTH 00°03'59'' EAST ALONG THE WEST LINE
OF SAID SECTION 1, A DISTANCE OF 1055.42 FEET, TO THE TRUE POINT OF
BEGINNING; THENCE CONTiNUTNO .aLONG S-adD WEST LINE, NORTH
00°03'59" EAST, A DISTANCE OF 422.42 FEET; THENCE SOUTH 89°56'01"
EAST, A DISTANCE OF 516.03 FEET; THENCE SOUTH 00°04'26" WEST, A
DIST.KNCE OF 422.42 FEET; THENCE NORTH 89°56'01" WEST, A DISTANCE OF
515.98 FEET, TO A POINU[' ON THE WEST LINE OF SAD SECTION 1, ALSO
BEING TILE POINT OF BEGINNING.
CONTAINING 5.00 ACRES (217,973 SQ. FT.) MORE OR LESS
Page 2 of 4
)~ iGINAL
EXHIBIT "C"
Zone Change 04-1343
Legal Description
PARCEL "D"
BEING A PORTION OF LOT LINE ADJUSTMENT NO. 39-99 AS PER
CERTIFICATE OF COMPLIANCE RECORDED AS DOCUMENT NO. 0199077232,
O_R., WITHIN THE WEST HALF OF SECTION 1, TOWNSHIP 29 SOUTH, RANGE
26 EAST, MOUNT DIABLO BASE.& MERIDL&N, IN TH~ COUNTY OF KERN,
STATE OF CALIFORNIA, MORE PARTiCUL4.RLY DESCRIBED AS FOLLOWS:
COIvLMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 1, T. 29 S.,
R. 26 E. MD.B.&M-,; TIqJfNCE NORTH 00003'59'' EAST ALONG THE WEST LINE
OF SAID SECTION 1, A DISTANCE OF 632.99 FEET, TO TIKE TRUE POINT OF
BEGINNING; THENCE CONTINUING ALONG SAID WEST LiNE, NORTH
00003'59'' EAST, A DISTANCE OF 422.43 FEET; THENCE SOUTH $9°S6'01''
EAST, A DISTAIqCE OF 515_9g FEET; THENCE SOUTH 00o04'26'' WEST, A
DISTANCE OF 422.49 FEET; THENCE NORTH 89054'39'' WEST, A DISTANCE OF
515.92 FEET, TO A POINT ON THE WEST LINE OF SAID SECTION 1, ALSO
BEING THE POINT OF BEGIIN.'NING.
CONTAINING 5.00 ACRES (217,968 SQ. FT.) MOKE OR LESS
Page 3 of 4
ORIG',NAI
EXHIBIT "C"
Zone Change 04-1343
Legal Description
PARCEL "E"
BEING A pORTION OF LOT LINE ADJUSTMENT NO. 39-99 AS PER
CERTIFICATE OF COMPLIANCE RECORDED AS DOCUMEqqT NO. 0199077232,
O.P,-, WITHIN THE WEST HALF OF SECTION 1, TOWNSHIP 29 SOUTH, RANGE
26 EAST, MOUNT DIABLO BASE & MERIDIAN, IN THE COUNTY OF KERN,
STATE OF cALIFORNIA, MORE PARTICUL~tuKLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE sO~T CORNT~R OF SAID SECTION 1, T. 29 S_,
R. 26 E. M.D.B.&M., SAID POINT ALSO BEING THE TRUE POINT OF
BEGINNING'; 2WIENCE NORTH 00°0Y59'' EAST, A DISTANCE OF 632.99 FEET,
ALONG THE WEST LINE OF SECTION 1; THENCE soUTH 89055'34'' EAST, A
DIST?2,.ICE OF 515 92 FEET; THENCE sOUTH 00o04'26'' XVT, ST, A DISTANCE OF
633.00 FEET; THENCE NORTH 89%5'34" WEST, A DISTANCE OF 515.g5 FEET,
TO THE POINT OF BEOINNINO-
CONTAINq?'IG 7.50 ACRES (326,552 SQ. FT.)MORE OR LESS
Page 4 of 4
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 28th day of Apdl , 2005 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4251 , passed by the
Bakersfield City Council at a meeting held on the 27th day of Apdl, 2005 and entitled:
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP
NO. 101-01 BY CHANGING THE ZONING FROM A (AGRICULTURE)
TO M-2 (GENERAL MANUFACTURING) ZONE ON 22.5 ACRES
LOCATED ALONG THE NORTH SIDE OF SNOW ROAD GENERALLY
EAST OF ALLEN ROAD. (ZC 04-1343) 0Nard 4).
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By:
DEPUTY City Olerk
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ORIGINAL