HomeMy WebLinkAboutORD NO 4435
ORDINANCE NO.
4435
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION
AND AMENDING SECTION 17.06.020 (ZONING MAP 124-17)
OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL
CODE BY CHANGING THE ZONING FROM M-3 (HEAVY
INDUSTRIAL ZONE) TO M-1 (LIGHT MANUFACTURING ZONE)
ON 17.7 ACRES, LOCATED ALONG THE NORTH SIDE OF
EAST PACHECO ROAD, GENERALLY WEST OF
COTTONWOOD ROAD. (ZC NO. 05.1561).
WHEREAS, in accordance with the procedures 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 along the north side of East Pacheco Road, generally west of Cottonwood Road; and
WHEREAS, by Resolution No. 41-07 on March 15, 2007, the Planning Commission
recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code
to approve Zone Change No. 05-1561 as delineated on attached Zoning Map 124-17 marked
Exhibit "B", by this Council and this Council has fully considered the recommendations made by
the Planning Commission as set forth in that Resolution and restated herein; 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 M.3 (Heavy Industrial Zone) to M-1
(Light Manufacturing Zone) on 17.7 acres, and the Council has considered said findings as
restated herein and all appear to be true and correct; and
WHEREAS, a Negative Declaration with mitigation was advertised and posted on
February 1, 2007, in accordance with CEQA; and
WHEREAS, the general plan designation for this area, with prior adoption of GPA No.
05-1561, allows light industrial development; and
WHEREAS, the City Council has considered and concurs with the following findings
made by the Planning Commission as set forth in Resolution No. 41-07, adopted on March 15,
2007:
1. All required public notices have been given.
2. The provisions of the California Environmental Quality Act have been
followed.
3. Based on the intial 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 for the project in
accordance withwith CECA.
4. The proposed project is consistent with surrounding uses.
5.
The proposed project, as shown on Exhibit liB", is consistent with the
Metropolitan Bakersfield General Plan.
~ <or..k~1>
C) ~
,')... -
~ m
- r-
o C:1
ORIGINAL
6. The public necessity, general welfare and good planning practices justify
the requested zone change, as shown on Exhibit liB".
7. The proposed land use designation is consistent with the Kern County
Airport Land Use Compatibility Plan.
8. The laws and regulations relating to the preparation and adoption of
Negative Declarations as set forth in CECA, the State CECA Guidelines,
and the City of Bakersfield CEQA Implementation Procedures, have been
duly followed by city staff and the Planning Commission.
SECTION 1.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as
follows:
1. That the above recitals, incorporated herein, are true and correct.
2. The Negative Declaration is hereby adopted.
3. 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 124-17 marked Exhibit "B" attached
hereto and made a part hereof, and are more specifically described in
attached Exhibit "C".
4. Such zone change is hereby made subject to the "Mitigation/Conditions
of Approval" listed in attached Exhibit "A", and subject to approval of GPA
No. 05-1561.
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.
---------()o()---------
Page 2 of 3
~ ~JtJC~-2
o ~
>- -
... "'
_ r-
c.;> 0
ORIGINAL
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 on _ JUN 6 Z007 by the following
vote:
v I,..-- v--""""'- v-- v--
~ COUNCILMEMBER CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER
~ COUNCILMEMBER
~: COUNCILMEMBER
C .ABSENT:) COUNCILMEMBER '-.:\-\nJ"'''5.<~
PAMELA A. McCARTH MC
CITY CLERK and Ex 0 Icio Clerk of the
Council of the City of Bakersfield
~K 6.'
HARVE L. HALL
Mayor of the City of Bakersfi
/'
APPROVED as to form
VIRGINIA GENNARO
City Attorney
By: /JI)U!; ph~
Exhibit A - MitigationlConditions of Approval
B - Zoning Map 124-17
C - Zone Change Legal Description
MO:dc _ S:\GPA 1st 2007\05-1561\ResOrd\Cc ZC Ord 05-1561.doc
~ <oAk~-9
o %
>- -
l- m
- r0-
o l::1
ORIGINAL
Exhibit A
Mitigation/C()nditions of Appr()val
!< <or..k~-9
o ~
>- -
.... m
- ,...
c.:> 0
ORIGINAL
EXHIBIT A
Mitigati()n/Conditions of Approval
General Plan AmendmentlZ()ne Change N(). 05-1561
Cultural Resources
1. If archaeological resources are encountered during the course of construction, a qualified
archaeologist shall be consulted for further evaluation. Mitigation for potentially significant
cultural resource impacts.
2. If human remains are discovered during grading or construction activities, work would cease
pursuant to Section 7050.5 of the California Health and Safety Code. If human remains are
identified on the site at any time, 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 details the appropriate
actions necessary for addressing the remains) and the local Native American community shall
be notified immediately. Mitigation for potentially significant cultural resource impacts.
Traffic and Circulation
3. Prior to the issuance of any building permit within the GPA/ZC area, the developer shall pay the
applicable Regional Transportation Impact Fee (RTIF) to the satisfaction of the City of
Bakersfield Public Works Department. Mitigation for potentially significant traffic impacts.
Citv Attornev Condition
4. 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 CEOA 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 preceding, 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.
Public Works
5.
Along with the submittal of any development plan, prior to approval of improvement plans, or
with the application for a lot line adjustment or parcel merger, the following shall occur: fl-k
~ <0 ~1>
Provide fully executed dedication for East Pacheco Road to collector standards for ~ ~
I- r-
a 0
ORIGINAL
a.
Exhibit A
GPAlZC 05-1561
Mitigation/Conditions of Approval
Page 2 of 3
full frontage of the area within the GPAlZC request. Dedications shall include sufficient
widths for expanded intersections and additional areas for landscaping as directed by the
City Engineer. Submit a current title report with the dedication documents. If a tentative
subdivision map over the entire GPAlZC area is submitted, dedication can be provided
with the map.
b. Access to the project area from East Pacheco Road or Cottonwood Road is provided by
a sub-standard road. With the development of the project area, approved, improved
access to the site must be provided. The required improvements shall be full width
improvements to city standards.
c. This GPAlZC area is too small to support it's own storm drainage sump. Submit a
comprehensive drainage study to be reviewed and approved by the City Engineer. No
more than 1 sump may be utilized to serve this area; these sumps should be located so
that they may be available to serve adjacent areas as they develop. The study shall
show the development's proportionate share of the necessary ultimate storm drainage
facilities. The study shall be approved and any required retention site and necessary
easements dedicated to the city.
d. Sewer service must be provided to the GPAlZC area. The nearest sewer line is
approximately 1 mile away. The developer shall be responsible for the initial extension of
the sewer line to serve the property. This sewer line must necessarily be sized to serve a
much larger area that the project area. The City is willing to aid the developer in the
formation of a Planned Sewer Area and/or an Assessment District to provide a
mechanism for the reimbursement of oversizing costs to the devel()per.
e. In order to preserve the permeability of the sump and to prevent the introduction ()f
sediments from construction or from storm events, all retention and detention basins
(sumps) shall have a mechanical device in the storm drain system to remove or minimize
the introduction of oil, grease, trash, and sediments to the sump. This device shall be
reviewed and approved by the City Engineer, and shall provide the greatest benefit to the
storm drain system with the least maintenance costs.
For orderly development.
6. 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 Consolidated
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. For orderly
development.
7. Payment of the proportionate share of the cost of the median for the arterial frontage of the
property within the GPAlZC request is required prior to recordation of any map or approval of
any improvement plan for the GPAlZC area. For orderly development.
Bakersfield Municipal Airport Compatibility
8.
With the recordation of a final subdivision map within the GPAlZC area or with submittal of ~~-9
plan review application, the property owner of the GPAlZC area shall dedicate an avigatio!P ~
... "'
_ r-
(.) 0
ORIGINAL
Exhibit A
GPNZC 05-1561
Mitigation/Conditions of Approval
Page 3 of 3
easement to the City of Bakersfield. The easement is dedicated for the benefit of Bakersfield
Municipal Airport. The avigation easement shall grant all rights deemed necessary by the City of
Bakersfield for the project site to: ensure that the development of said property will neither
impede airport operations nor result in flight hazards; provide the right of flight in the airspace
above the Federal Avigation Regulation Part 77 imaginary surfaces above the property; restrict
the height of structures, trees and other objects; and permit access to the property for the
removal or aeronautical marking of objects exceeding the established height limit; to regulate or
prohibit light emissions which might interfere with pilot vision. An example of an Avigati()n
Easement is located within the Kern County Airport Land Use Compatibility Plan. This avigation
easement will ensure that prospective buyers of the property within this zone will be informed of
the potential inconvenience, annoyance and discomfort associated with aircraft over flights. For
the public health, safety and welfare.
MO:\\S:\GP A 1 sl 2007\05-1561 \ResOrd\Exhibil A.doc
~ fQto.KC'-9
o ~
,')... -
~ rn
_ r-
o 0
ORIGINAL
Exhibit B
Zoning Map 124-17
~ ~r..k~?>
o ~
,')... -
~ "'
_ r-
o 0
ORIGINAL
L:......
.....I-a)
_N
1 ci
.~
N
-
. 90.
~<I~
~:it-=
~
~~
Z
~Z!::
52~
. ". ....~....:.."..--.-
I ;:j_ I
e ii ::
ij;r ~ l:l
. ~I ~ I ·
... I . ~
Ii .11.1 ; I I .
,I.'; I'll I i .1 ,.
lit' !f.i!1!i!!i1tl nl II Ii Iii.
il ':'III.~al;,IJiJ~lhl~ 11'1 . il IIIIIII1 :.
I ..: wJ!a.... · 'a~3 Wl2 ww! I ~ I
.. i iI ii h f~ ii i;.. .-'1 "' l I Z ~ i ~ ;l I It .
il I . Hf!!l~'I.!:!!U~; J~i!;I:U n..!)
_a;v lr......i...e-'..."'.,.WlSll~=s~lt.tl2..,~c:I;l'"
~III ! I II! Ii n !ii! !!I! II tilll illllllll~! ;111
II 'I~' .'
1 : a .' . ".
, .?,., f - II '1' ...
WI. . .,-". - ... 15st...uu,..-' .... ~
..J i I ", . io '" .. t .. % .. .. '" . .. i.:' .. "'...'1 r . .:. .. 3.' 0 I . t .. . .. I t
. '
ZONE CHANGE 0'5-1561
..- ,." -
-
OOOlUIO~.I01 . ..
+
. S'
N
. .. .
! ~
I: .
~
I
& I
,. i
--- I
I
a
"
.
S
3
J ; ..,
i
j.
f-~
I
I
i
r---~-
I
,
I
I
*
. ~
.'}.r ... -,
ZOMlNG'MAP 124-17
Exhibit C
Z()ne Change Legal Description
.~ 'O~K~~
0' ~
;:... -
... "'
_ r-
o (:)
ORIGINAL
Exhibit .
Zone Change Legal Description
A portion of the Lot 20 of the Kern County Sales Map No.1 of the Lands of J.B. Haggin
dated May 3, 1889, filed for record in the Office of the Kern County Recorder in Book 1
of Maps at pages 101,102 & 103, being in Section 17, T. 30 S., R. 28 E., M. D. M. In
the City of Bakersfield, County of Kern, State of California, more particularly described
as follws:
Commencing at the Southeast corner of said Section 17, thence N 890 28' 48" W, along
the south line of said section, 1314.89 feet to the southwest corner of said Lot 20 and
the True Point of Beginning of this description; thence N 00031' 30" E, along the west
line of said lot, 1321.57 feet to.the northwest corner of said lot; thence S 89028' 46" E,
along the north line of said lot, 702.14 feet to the intersection with the boundary line of
the Bakersfield Airport Flight Zone B; thence S 490 52' 40" E, along said boundary,
442.12 feet to the northeast termenius of a curve, concave to the northwest with radius
of 3500.00 feet; thence southwesterly along said curve an arc length of 1260.44 feet to
a point which bears S 290 14' 39" E from the center of said curve; thence leaving said
boundary, S 000 31' 30" W, 186.52 feet to a point on the said south line of Section 17;
thence along said south line, N 89028' 48" W, 84.90 feet to the point of beginning.
Containing 17.700 acres, more or less.
(, fQt>.I(~~
f:Y ~
,')... -
~ "'
_ r-
o 0
ORIGINAL
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 7th day of June, 2007 she posted on the Bulletin Board at City Hall, a
full, true and correct copy of the following: Ordinance No. 4435 passed by the
Bakersfield City Council at a meeting held on the 6th day of June. 2007 and entitled:
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION
AND AMENDING SECTION 17.06.020 (ZONING MAP 124-17)
OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL
CODE BY CHANGING THE ZONING FROM M-3 (HEAVY
INDUSTRIAL ZONE) TO M-1 (LIGHT MANUFACTURING
ZONE) ON 17.7 ACRES, LOCATED ALONG THE NORTH
SIDE OF EAST PACHECO ROAD, GENERALLY WEST OF
COTTONWOOD ROAD. (ZC NO. 05-1561).
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By: ~ ~~
DEPU Y C y Clerk
S:\DOCUMENT\FORMS\AOP .0RD.wpd
~ <or..k~1>
c::s %
~ -
~ m
- r-
o 0
ORIGINAL