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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 MO:djl S:\GPA 4th 2004\04-1343~Resolutions~ozc-cc.doc 3 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. MO:djl S:\GPA4th 2004\04-1343V~dmin SR~EXHIBIT A.doc 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 S:\DOCU MEN'~FORMS~AOP.ORD.wpci ORIGINAL