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Home My WebLink AboutORD NO 4309 ORDINANCE NO. AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO. 102-14) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY PREZONING PROPERTY FROM A (AGRICULTURE) TO M-2 (GENERAL MANUFACTURING) ON APPROXIMATELY 52.99 ACRES LOCATED AT 5500 LANDCO DRIVE (FILE NO. 05-1575). 4309 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 at 5500 Landco Drive, as shown on attached Exhibit "8;" and WHEREAS, by Resolution No. 209-05 on December 1, 2005 the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 05-1575 as delineated on attached Zoning Map No. 102-14 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 regarding changes in zoning prezoning the subject property from A (Agriculture) to M-2 (General Manufacturing) and the Council has considered said findings and all appear to be true and correct; and WHEREAS, for the above described project, an initial study was conducted and it was determined that the proposed project would not have a significant effect on the environment and a Negative Declaration was prepared and approved by the County of Kem on March 1, 2005 in conjunction with Project No. EA KM-8-04; Amendment of Zoning Map No. 102-14; Zone Change Case No. 28 and in accordance with CEQA; and WHEREAS, said Negative Declaration is applicable to and appropriate for this project; and WHEREAS, there have been no substantial changes to the project or circumstances under which it will be undertaken; and WHEREAS, no new environmental impacts have been identified; and WHEREAS, the general plan designation for this area allows commercial and industrial development; and WHEREAS, the City Council has considered and hereby makes the following findings: 1. All required public notices have been given 2. The provisions of the California Environmental Quality Act (CEQA) have been followed. - 1 - ~ .::. " "- " ,~ ("1FW'",1~i 3. The proposed use of the project, as conditioned, is consistent with the goals and policies of all elements of the general plan. 4. The conditions of approval, attached hereto as Exhibit "A" are needed to provide for orderly development, and the public health, welfare and safety; and 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. 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 into the City, the boundaries of which property is shown on Zoning Map. No. 102-14 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. --------000-------- - 2 - (,' ',ì' ,'\- ,,:q!C~1!¡l! I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by the CounciLBof the City of Bakersfield at a regular meeting thereof held on t t 8 2006 by the following vote: NOES: v v/ ....---"' v-- ,~ COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULL~N,SCR~R COUNCILMEMBER ~~ ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER PAMELA A. McCARTHY, CMC CITY CLERK and Ex Officio Cle of the Council of the City of Bakersfield FEB 8 2006 H E L. HALL Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney By: f!t¡xdJ 'in, ~ ¡: Exhibits: A. Conditions of Approval B. Location Map. C. Zone Map D. Legal Description LP I S:lZoneChangeI05-1575ICCIOZC-CC.DOC 1/10/2006 - 3 - (:{i( '~, EXHIBIT "A" CONDITIONS OF APPROVAL ZONE CHANGE 05-1575 CITY ATTORNEY'S OFFICE 1 In consideration by the City of Bakersfield for land use entitlements, including but not limited to related environmental approvals related to or arising from this project, the applicant, and/or property owner and/or subdivider ("Applicant" herein) agrees to indemnify, defend, and hold harmless the City of Bakersfield, its officers, agents, employees, departments, commissioners or boards ("City" herein) against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, in any way arising from, the terms and provisions of this application, including without limitation any CEQA approval or any related development approvals or conditions whether imposed by the City, or not, except for CITY's sole active negligence or willful misconduct. This indemnification condition does not prevent the Applicant from challenging any decision by the City related to this project and the obligations of this condition apply regardless of whether any other permits or entitlements are issued. The City will promptly notify Applicant of any such claim, action or proceeding, falling under this condition within thirty (30) days of actually receiving such claim. The City, in its sole discretion, shall be allowed to choose the attorney or outside law firm to defend the City at the sole cost and expense of the Applicant and the City is not obligated to use any law firm or attorney chosen by another entity or party. Mitigation Measures from County of Kern adopted Project No. EA KM-8-04; Amendment of Zoning Map No. 102-14; Zone Change Case No. 28: 2 All land division maps and (precise) development plans for this site shall accurately show the surveyed location of all oil wells. The well sites plotted based on information on file with the Department of ConservationlDivision of Oil, Gas, and Geothermal Resources. a) The two wells referred to as Ansolabehere 1 and Ansolabehere 2 shall be plotted with the following note: Well not found at location of record. b) If any abandoned or unrecorded wells are uncovered or damaged during excavation or grading, remedial plugging operations may be required. 3 Prior to grading activities within 300 feet of the wells referred to as Ansolabehere 1 and Ansolabehere 2, the applicant or developer shall contact the Department of Conservation/Division of Oil, Gas, and Geothermal Resources and advise the Department of Conservation of their intent to grade. Remedial plugging or abandonment may be required. 4 All development plans for this site shall restrict the height of buildings to four stories. 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ZON1NG MAP 102 - EXHIBIT D ZONE CHANGE LEGAL DESCRIPTION THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 29 SOUTH, RANGE 27 EAST, MOUNT DIABLO BASELINE AND MERIDIAN, COUNTY OF KERN, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PROPOSED M-2 (FROM A) COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 14; THENCE SOUTH 89'02'41" EAST, ALONG THE EAST-WEST MID-SECTION LINE OF SAID SECTION 14, A DISTANCE OF 663.23 FEET TO THE POINT OF BEGINNING, SAID POINT ALSO BEING THE SOUTHEAST CORNER OF PARCEL "C" OF PARCEL MAP WAIVER NO. 1061, AS EVIDENCED BY THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED APRIL 3,1989 IN BOOK 6223 AT PAGE 1413, OFFICIAL RECORDS, IN THE OFFICE OF THE KERN COUNTY RECORDER; THENCE ALONG THE FOLLOWING TWELVE (12) COURSES: 1) NORTH 00'17'11" EAST, ALONG THE EAST LINE OF SAID PARCEL MAP WAIVER, A DISTANCE OF 2326.62 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF STATE ROUTE VI-KER-99, ACCORDING TO FILED MAP NO. 7-1, BOOK 2, PAGES 12 AND 14, IN THE OFFICE OF THE KERN COUNTY SURVEYOR; SAID POINT ALSO BEING THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 1500.00 FEET, FROM WHICH POINT A RADIAL LINE BEARS SOUTH 31'28'13" WEST; THENCE 2) SOUTHEASTERLY ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY LINE AND ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 00'00'19", AN ARC DISTANCE OF 0.14 FEET; THENCE 3) SOUTH 42'15'39" EAST, CONTINUING ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 260.79 FEET; THENCE 4) SOUTH 43'58'28" EAST, CONTINUING ALONG SAID SOUTHWESTERLY RIGHT-OF WAY LINE, A DISTANCE OF 600.83 FEET; THENCE 5) SOUTH 42'15'28" EAST, CONTINUING ALONG SAID SOUTHWESTERLY RIGHT-OF WAY LINE, A DISTANCE OF 395.14 FEET; THENCE 6) SOUTH 34'21'27" EAST, CONTINUING ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 130.96 FEET; THENCE 7) SOUTH 42'15'28" EAST, CONTINUING ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 618.37 FEET; THENCE 8) SOUTH 38'37'00" EAST, CONTINUING ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 400.28 FEET; THENCE 9) SOUTH 40'25'13" EAST, CONTINUING ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 116.35 FEET TO A POINT ON THE NORTHWESTERLY RIGHT-OF-WAY LINE OF THE ATCHINSON TOPEKA AND SANTA FE RAILROAD ACCORDING TO SAID STATE HIGHWAY FILED MAP, SAID POINT ALSO BEING THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1382.69 FEET, FROM WHICH POINT A RADIAL LINE BEARS NORTH 57'30'36" WEST; THENCE 10) SOUTHWESTERLY ALONG SAID NORTHWESTERLY RIGHT-Of-WAY LINE AND ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 09'16'52", AN ARC DISTANCE 223.98 FEET; THENCE 11) SOUTH 41'46'14" WEST, CONTINUING ALONG SAID NORTHWESTERLY RIGHT-Of-WAY LINE, A DISTANCE OF 381.84 FEET TO THE EAST-WEST MID-SECTION LINE OF SAID SECTION 14; THENCE 12) NORTH 89'02'41" WEST, ALONG SAID EAST-WEST MID-SECTION LINE, A DISTANCE Of 1295.80 fEET TO THE POINT Of BEGINNING. CONTAIN1NG 52.99 ACRES, MORE OR LESS. P: J'ROJECTS\05088\LEGALS\05088ZCle~al.doc BDM 9-29-{)5 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 9th day of Februarv, 2006 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4309 passed by the Bakersfield City Council at a meeting held on the 8th day of February. 2006 and entitled: AN ORDINANCE ADOPTING A NEGATIVE DECLARATION & AMENDING SECTION 17.06.020 (ZONE MAP NO. 102-14) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY PREZONING PROPERTY FROM A (AGRICULTURE) TO M-2 (GENERAL MANUFACTURING) ON APPROXIMATELY 52.99 ACRES LOCATED AT 5500 LANDCO DRIVE (FILE NO. 05-1575) PAMELA A. McCARTHY City Clerk and Ex Officio of the CO~~ ~f.B'ke"'field By:' ~(, DEP TY C Clerk S:\DOCUMENT\FORMS\AOP, ORD, wpd X 'òMt?, () <!;, >- - >- m _ r- o e:, ORIGINAl