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Home My WebLink AboutORD NO 48554855.,' ORDINANCE NO. AN ORDINANCE OF THE BAKERSFIELD CITY COUNCIL APPROVING AN AMENDMENT TO TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE TO CHANGE THE ZONE DISTRICT LOCATED AT THE NORTHEAST CORNER OF MING AVENUE AND BALDWIN ROAD (ZC NO. 16- 0091). WHEREAS, the City of Bakersfield Community Development Department for Felix Banuelos, filed an application with the City of Bakersfield Community Development Department requesting to change the zone district from County R -S (Residential Suburban) to City C -2 (Regional Commercial) on 0.53 acres located at the northeast corner of Ming Avenue and Baldwin Road (the "Project "); and WHEREAS, the Planning Commission held a public hearing on June 2, 2016, and approved Resolution No. 23-16, which recommended that the City Council approve the Project; and WHEREAS, the Planning Commission has found that the Project is exempt from the California Environmental Quality Act; and WHEREAS, the City Council considered all facts, testimony, and evidence concerning the Project, including the staff report and the Planning Commission's deliberation, and action; and WHEREAS, the Project is consistent with the Metropolitan Bakersfield General Plan. SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Bakersfield City Council as follows: 1. The Planning Commission's findings as contained in its Resolution No. 23 -16 are hereby adopted. 2. The Project is exempt from the requirements of California Environmental Quality Act (CEQA), pursuant to Section 15061 (b) (3). 3. The Project is hereby approved incorporating the change into the official zoning map as described in Bakersfield Municipal Code Section 17.06.020 located on the map as shown in Exhibit A and as specifically described in Exhibit B, all of which are incorporated herein. SECTION 2. This ordinance must be posted in accordance with the Bakersfield Municipal Code and will become effective not less than 30 days from and after the date of its passage. N m U o Page 1 of 2 ORIGINAL HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting held on JUL 1 0 1016 , by the following vote: ✓ ✓ / ✓ ✓ AYE' COUNCILMEMBER: RIVEA MAXWELL, WEIR, HANSON, SULLIVAN, PARLIER NOES: COUNCILMEMBER: No� d�AB COUNCILMEMBER: NVV%9. ABSEM: COUNCILMEMBER: Srw. Qj1r)kLUVQ0k PI OBERTA GAFFORD, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED JUL 2 0 2016 HARVEY L. HALL MAYOR of the City of Bakersfiel APPROVED as to form: VIRGINI ENNARO City Aft rn y By: ANDREW HEGLUND Deputy City Attorney Exhibits: A Conditions of Approval B Zone Change Map C Legal Description D Notice of Exemption By: DL \S: \ZoneChange \yr2016 \16 -0091 \Ord \CC ZC Ordinance 16- 0091.docx Page 2 of 2 o�gAKF9 sT F m U O ORIGINAL EXHIBIT A CondBions of Approval Zone Change No. 16 -0091 Public Works: 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 ZC area. If the parcel is already within a consolidated maintenance district, the owner shall update the maintenance district documents, including the Proposition 218 ballot and the Covenant. The ballot and covenant shall be signed and notarized. For orderly development. 2. Payment of the proportionate share of the cost of the future median for the arterial frontage (Ming Avenue) of the property within the ZC request is required prior to recordation of any map or approval of any improvement plan for the ZC area. For orderly development. 3. Per Resolution 035 -13, the area within the ZC shall implement and comply with the ..complete streets" policy. For orderly development. 4. The development is required to pay into the adopted Regional Traffic Impact Fee fixed rate program. For orderly development. City Attorney: 5. 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 and 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 9pKF obligated to use any law firm or attorney chosen by another entity or party. of 9s M S: \ZoneChange \w 2016 \16 - 0091 \Exhibit A_ conditions ZC 16 0091.docx o ORIGINAL zCsg S§ S �S tlApE p J W iF SadbEES'�E §E §�§ ACS tl ] %p a�F U�n Z N oqa�� §¢3�ga�69'33 §bra; o a p w p p� c�3S33��3$iaN��s�LLB a>i� °�S i� a � i 15 A113N i \ Nl tl11Ntl a 1 Il i� u � i U 1 1S VN03 i 1 1 s i M I- IA N m x o0 W LL ON NIMMYS v i i T LL W ° N Cm (C 0 T U K i I U 6 Z � a Ll 1S NO1N39 W -� a _z z 10 113Mw0110 Nl S3 om P Q � a �Y y P J V o�gAKF9 T � m U O ORIGINAL II EXHIBIT "C" Legal Description Zone Change No. 16.0091 The E 1/2 of Lot 45 in Section 1, Township 30 South, Range 27 East, M.D.M., in the unincorporated area, County of Kern, State of California, as per Kern County Sales Map No. I of Lands of J. B. Haggin recorded May 5, 1999, in the Office of the County Recorder of said County. EXCEPT the West 160 feet thereof. ALSO EXCEPT the North 1136 feet thereof. ALSO EXCEPT that portion conveyed in Deed recorded February 17, 1961 in Book 3350, Page 732 of Official Records, and Deed recorded August 5, 1960 in Book 3290, Page 714 of Official Records. - M_xilZi l y ; l y r. of 9AKF,ys Page I of 1 m U 0 ORIGINAL Exhibit "D" NOTICE OF EXEMPTION TO: _ Office of Planning and Research FROM: City of Bakersfield PO Box 3044, 1400 Tenth Street, Room 222 Community Department Dept. Sacramento, CA 95812 -3044 1715 Chester Avenue Bakersfield, CA 93301 X County Clerk County of Kern 1 1 15 Truxfun Avenue Bakersfield, CA 93301 Project Title: Zone Chance No. 16 -0091 Project Location - Specific: Located at the northeast corner of Mina Avenue and Baldwin Road Project Location -City: Bakersfield Project Location - County: Kern Project Description: An amendment to the City of Bakersfield Zoning Ordinance changing the zone classification from City R -S (Residential Suburban) to City C -2 [Reactional Commercial) to establish pre Name of Public Agency Approving Project: City of Bakersfield Name of Person or Agency Carrying Out Project: City of Bakersfield Community Development Department- Plannina Division 1715 Chester Avenue Bakersfield CA 93301 Exempt Status Ministerial (Sec.21080(b)(1); 15268)); Declared Emergency (Sec.21080(b)(3); 15269(a)); Emergency Project (Sec. 21080(b)(4); 15269(b)(c)); Categorical Exemption. State type and section number. _ Statutory Exemptions. State section number. X Project is exempt from CEQA pursuant to Section 15061 (b) (3) Reasons why project is exempt: The City of Bakersfield (Lead Agency) has determined the proposed oroiect will not have the potential for causina a significant effect on the environment under the provision of Section 15061(bl(3) The Droiect site is developed with a single - family home and the land owner has requested the zone chance to City C -2 fRegional Commercial) to be consistent with the existing GC [General Commercial) land use designation Where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment the activity is exempt from CEQA Lead Agency: Contact Person: Debbie Lewis Associate Planner I Telephone /Ext.: [6611 326 -3733 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? Yes X No_ Signature: Date: Title: Associate Planner I X Signed by Lead Agency Date received for filing at CPR: Signed by Applicant 0nk S: \ZoneChange \yr 2016\ 1 6-009 1 \NOEDOC ORIGINAL AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) ss. County of Kern ) ROBERTA GAFFORD, 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 22nd day of July, 2016 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4855, passed by the Bakersfield City Council at a meeting held on the 20th day of July. 2016 and entitled: AN ORDINANCE OF THE BAKERSFIELD CITY COUNCIL APPROVING AN AMENDMENT TO TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE TO CHANGE THE ZONE DISTRICT LOCATED AT THE NORTHEAST CORNER OF MING AVENUE AND BALDWIN ROAD (ZC NO. 16- 0091). City Clerk and Ex Officio of the Council of the City of Bakersfield By:� DEPUTY City Clerk S'. \DOCUMENTFORMSWOP.ORD.w d