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. '~''`~`'~%>,,
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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.
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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
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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
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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:
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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.
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AREA "C"
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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.
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