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HomeMy WebLinkAboutORD NO 4517 ORDINANCE NO. 4 5 ~ 7 AN ORDINANCE ADOPTING AMENDING SECTION 17.06.020 (ZONE MAP NO. 123-27) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM R-1 (ONE FAMILY DWELLING) TO M-1 (LIGHT MANUFACTURING ZONE ON 1.79 ACRES GENERALLY LOCATED NEAR THE NORTHEAST CORNER OF ASHE ROAD AND MC CUTCHEN ROAD (FILE # 08-0179) 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 near the northeast corner of McCutchen Road and Ashe Road as shown in attached Exhibit "2"; and WHEREAS, by Resolution No. 70-08 on May 1, 2008 the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change 08-0179 as delineated on attached Zoning Map No. 123-27 marked Exhibit "3", 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 a negative declaration of environmental impact and changes in zoning of the subject property from R-1 (One Family Dwelling) zone to M-1 (Light manufacturing) zone on 1.79 acres to allow light industrial development 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 City Council on November 15, 2006, in conjunction with Project No. GPA/ZC 06-0456 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 City Council has considered and hereby makes the following findings: All required public notices have been given 2. The provisions of the California Environmental Quality Act (CEQA) have been followed. 3. The public necessity, general welfare and good zoning practice justify the requested change of zone from the existing zoning district to M-1 zone. '~''`~`'~%>,, ~~ ~ ~~,, 1 ,' c~ 4. The zone change acknowledges previous a City Council decision to provide a '/e mile buffer between the City of Bakersfield Treatment Plant #3 and other sensitive uses. 5. The overall design of the project, as conditioned, is consistent with the goals and policies of all elements of the general plan. 6. General Plans are implemented by zoning and this proposal is consistent with the intent of GPA/ZC 06-0456 which precludes residential development within '/< mile of City of Bakersfield Treatment Plant #3. 7. The conditions of approval, attached hereto as Exhibit "1"are needed to provide for orderly development, and the public health, welfare and safety. 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. 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. 123-27 marked Exhibit "3" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "4 ". 3. Such zone change is hereby made subject to the conditions of approval listed in attached Exhibit "1 ". 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. ------- -00o--------- ,~ ,,K~ 2 - ~-', T ~- - , _ _" _ r „ 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 JI1N ~~ ~n~_ by the following vote: Y~ES~ COUNCILMEMBER: CARSON, BEMiAM, WEIR, COUCH, HANSON SUL IL VAN, SCR VI NER NOES: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: ABSENT: COUNCILMEMBER: AT1I~J2.~ PAMELA A. McCARTHY, C CITY CLERK and Ex Officio C erk of the Council of the City of Bakersfield HARVEY L. HALL Mayor of the City of Bakersfie APPROVED as to form VIRGINIA GENNARO City Attorney By: ~ ~ Exhibits: 1. Conditions 2. Location Map 3. Zone Map 4. Legal Description PE 1 S:\ZoneChange\yr 2008\08-0179\CC docs\08-0179 OZC-CC.DOC 6/6/2008 3 ~_;~ F h;n ~~~ ,., f ~- APPROVED JUN 2 5 2008 EXHIBIT "1" ZONE CHANGE 08-0179 CONDITIONS OF APPROVAL CITY ATTORNEY 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. PLANNING MITIGATION MEASURES from GPA/ZC 06-0456 Cultural Resources: 2. 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. 3. 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. By elisheva S:IZoneChangelyr 2008108-0179108-0179 Exh1.DOC1 4/14/2008 4~~ K~.~ ~{ I' tJ 4 :: ~.. ~- ~> ~, EXHIBIT " 2" W W a j 0 r ~ ~~ of i O ~ j J 1 E ~. ~' z z ~ TT J ~ ~ M ' ~N D N N OD N O Z rn c~ y z ~ ~ ~ Y s rn 0 00 0 N v z M c~ n o ~. ~ ~ ~ ~~~- z V ~ m N w = ~ ~ ~ ~ N ~~ TINE R ~ ~ ~.~ .. .. ~ .. ... _ ~~:;~r~a; :~- EXHIBIT " 3" LZ-£Z1 dVW 9N1NOZ tr rv (ii • tI ~i~F~~iS ~~ ~~~.. ~~~$~~~~ ~~~~~~ - ~~ ~~~~~ - . ~ -. . ~} N M *_ _ ... .. ~- :: ~ Y .. T ( . a ~ /V ..~ . ~ o ~ , ._ - o ~. ~ . ~, ~ ~~ , . r ~ . ~. .. ~ :& ;- ~ ~o o ~-.------------ ----- i. ~ ~ ~ ~~ ~, ~ i ~ ~ g$ ~ ~ -. ~ ~. ,_, i _ ~ i - i ~, ' ..~s. ~ .~ --r- i . ,'R ~ ~w t . ~ ~ '' _ 1 ~ t . ~ouo E~ ~, .jl~ V R l' it ~ ilJ 7tI ..61.G:0-~80 ~JN~d~I~" 3NOZ r .~-+;~~;ja~~~osi~.gssnnn..e~~ ; s saaa ss' ~ r us ~7 ~. ~ - Y~ ~~ i~~afM-o p.1~~i r'i~i~i MrYi •~t ~~ ~O_i Yfdrr ~ ~ ! t ~ t~ ~~ #~ ~~~ w .~~ ~ ~ ~ ~; , ~. ~~, i:` , ,_ ., EXHIBIT "4" EXHIBIT "A" GENERAL PLAN AMENDMENT AND ZONE CHANGE Rl to Ml LEGAL DESCRIPTION BEING PORTIONS OF PARCEL 4 OF PARCEL MAP WAIVER N0.07-0742 AS EVIDENCED BY CERTIFICATE OF COMPLIANCE RECORDED OCTOBER 12, 2007 AS DOCUMENT N0.0207207319, OFFICIAL RECORDS OF KERN COUNTY, ALSO BEING A PORTION OF THE SOUTHWEST QUARTER OF SECTION 27, TOWNSHIP 30 SOUTH, RANGE 27 EAST, M.D.B.&M., IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: ~- CONIIvIENCING AT THE SOUTHWEST CORNER OF SAID SECTION 27 MARKED BY A CONCRETE MONUMENT WITH A BRASS TAG STAMPED C.O.B.; THENCE NORTH 00° 25' 08" EAST ALONG THE WEST LINE OF SAID SECTION A DISTANCE OF 1519.02 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 4; T}IENCE SOUTH 45° 21' 41" EAST A DISTANCE OF 92.12 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89° 03' 12" EAST A DISTANCE OF 148:53 FEET; THENCE SOUTH 00° 54'48" WEST A DISTANCE OF 142.02 FEET; THENCE NORTH 45° 21' 1 l" WEST A DISTANCE OF 205.56 FEET TO THE POINT OF BEGINNING; CONTAINING 10,547 SQUARE FEET GROSS, MORE OR LESS. AREA "B" COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 27 MARKED BY A CONCRETE MONUMENT WITH A BRASS TAG STAMPED C.O.B.; THENCE NORTH 00° 25' 08" EAST ALONG THE WEST LINE OF SAID SECTION A DISTANCE OF 1519.02 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 4; THENCE SOUTH 45° 2l' 4l" EAST A DISTANCE OF 92.12 FEET; THENCE SOUTH 45° 2l' l 1" EAST A DISTANCE OF 218.17 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 88° 55'47" EAST A DISTANCE OF 270.47 FEET; THENCE SOUTH 00° 48' l2" WEST A DISTANCE OF 164.79 FEET; THENCE SOUTH 60° 10'39" EAST A DISTANCE OF 125.62 FEET; THENCE SOUTH 89° 03' 12" EAST A DISTANCE OF 30.00 FEET; THENCE SOUTH 00° 1 l'45" WEST A DISTANCE OF 168.74 FEET; THENCE NORTH 45° 21' l l" WEST A DISTANCE OF 571.9 FEET TO THE POINT OF BEGINNING; CONTAINING 52,429 SQUARE FEET GROSS, MORE OR LESS. ~., p, K~ •:~ = ,~ o ~~, ,~;_ "r=, r- r-rr~ tJ EXHIBIT "4" r AREA "C" -- COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 27 MARKED BY A CONCRETE MONUMENT WITH A BRASS TAG STAMPED C.O.B.; THENCE NORTH 00° 25' 08" EAST ALONG THE WEST LINE OF SAID SECTION A DISTANCE OF 1519.02 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 4; THENCE SOUTH 45° 21' 41" EAST A DISTANCE OF 92.12 FEET; THENCE SOUTH 45° 21' i l" EAST A DISTANCE OF 1625.89 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89°28'23" EAST A DISTANCE OF 176.24 FEET; THENCE SOUTH 00° 31'37" WEST A DISTANCE OF 170.91 FEET; THENCE NORTH 45° 21' 11" WEST A DISTANCE OF 245.50 FEET TO THE POINT OF BEGINNING; CONTAINING 15,061 SQUARE FEET GROSS, MORE OR LESS. ~~~, z i OP GLYNN .PARKER, LS 4831 D TE LAND ~c,L\ ~.;~ ~ `~ .r J ~. +ff/ ExP. 9-3U-2008 4 \ L 5. 4831 1 .~ OF ~A1-~i~ ,r-. ~`7 .;~ _ {!I V T ~ t