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Home My WebLink AboutORD NO 49169916 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 TO A C- 2/PCD (REGIONAL COMMERCIAL /PLANNED COMMERCIAL DEVELOPMENT) ZONE LOCATED BETWEEN STATE ROUTE 178 AND MALL VIEW ROAD, APPROXIMATELY ONE -THIRD MILE WEST OF OSWELL STREET. (ZC NO.17- 0047). WHEREAS, McIntosh & Associates representing City Lights, LLC and MarkChris Investments, LLC (property owners), filed an application with the City of Bakersfield Community Development Department requesting to change the zone district from a PCD Planned Commercial Development) to a C -2 (Regional Commercial) zone on 36.41 acres located between State Route 178 and Mall View Road, approximately one - third mile west of Oswell Street, as shown on attached Exhibit "B ", (the "Project"): and WHEREAS, the Planning Commission held a public hearing on June 1, 2017, and June 15, 2017, approved Resolution No.19 -17, which recommended that the City Council approve the Project; and WHEREAS, the Planning Commission recommended approval to change the zone from a PCD Planned Commercial Development) to a C -2 /PCD (Regional Commercial /Planned Commercial Development Combining ) zone on 36.41 acres described in attached Exhibit B; and WHEREAS, on June 23, 2017, Andrew Grundman, representing Protect CEQA, filed an appeal regarding the Planning Commission's recommendation to adopt a Mitigated Negative Declaration, with the City Clerk in accordance with Bakersfield Municipal Code Section 17.64.090; and WHEREAS, the Clerk of the City Council set Wednesday, July 19, 2017 at 5:15 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a public hearing before the City Council to consider the appeal of the proposed Mitigated Negative Declaration and a notice of the public hearing was given in the manner provided in Title 17 of the Bakersfield Municipal Code; and WHEREAS, during the hearing, the City Council considered all facts, testimony, and evidence concerning the staff report, Mitigated Negative Declaration, supporting documents, and the Planning Commission's deliberation, and action; and WHEREAS, the City Council denied the appeal and adopted a Negative Declaration with mitigation measures for the Project; and Page 1 of 4 oFOAKFy m U p ORIGINAL WHEREAS, the City Council concerning the Project, including supporting documents, and the regarding the Project; and considered all facts, testimony, and evidence the staff report, Mitigated Negative Declaration, Planning Commission's deliberation, and action 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 above recitals, incorporated herein, are true and correct. 2. The Planning Commission's findings as contained in its Resolution No. 19 -17 are hereby adopted. 3. The Project is subject to mitigation measures found the adopted Negative Declaration for the Project. 4. In accordance with BMC Section 17.54.070 city council finds the following: A. The proposed planned commercial development zone and preliminary development plan is consistent with the general plan and objectives of this ordinance; B. The proposed development will constitute a commercial environment of sustained desirability and stability, and it will compliment and harmonize with the character of the surrounding neighborhood and community; C. The proposed development justifies exceptions from the normal application of this code in that it integrates such elements as the location of structures, circulation pattern, parking, landscaping and utilities, together with a program for provision, operation and maintenance of all areas, improvements, facilities and services provided on the property 5. The Project is hereby approved and incorporating the change from a PCD (Planned Commercial Development) to a C -2 /PCD (Regional Commercial/ Planned Commercial Development Combining) zone, subject to the condition of approval. 6. The Project is hereby approved and 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 B and as specifically described in Exhibit C, all of which are incorporated herein. Page 2 of 4 ov 6NK, yq � m f- � o ORIGINAL 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. --------- 000 --- ---- HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting held on AUG 1 61017 , by the following vote: ✓ ✓ f f , ' AYES COUNCILMEMSER: RIVERA, GONZALES, WEIR, 611VF!, FREEMAN, SULLIVAN, PARLIER COUNCILMEMBER: NOY�Si COUNCILMEMBER: N AB .' COUNCILMEMBER: _ f` CHRISTOPHER CRRRY, ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED _ KAREN GGOH MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA G NNARO City Atto e By: ANDREW HEGLUND Deputy City Attorney Exhibits: A Condition of approval B Zone Change Map C Legal Description 0 A'rF Page 3 of 4 0`` 9NT a � o ORIGINAL EXHIBIT A CONDITION OF APPROVAL ZONE CHANGE 17 -0047 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 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 obligated to use any law firm or attorney chosen by another entity or party. (In accordance with BMC 17.01.210.) By: jeng\ S.\ZoneChange \yr2017 \17 -0047 (East Hills Moll) \CC \ZC 17 -0047 CC ZC Ord w. Con Ex A.docx 7/5/2017 Page 4 of 4 of g AkF9N � T m U p QRIG1NAL n J`� III I, II 1 ¢ 1M COE 3¢ \ \\ V F E U y v 1 m 1 Oltl � 6 3Atl NON �19A 1W� U tl �Y tl�e O❑ U\\.� e tl si LLO IH Itl a 1 2 ¢ q a ORIGINAL Yy €2 ZH gk §ag FY EE 9 E. xa` W 2Qw o w N Fg�S gF Fg 'EF Q 3 g, 3 3yq €fr y'f €y _ LL V W €'g 9s F l� F Eg3 Eeg E''g Fa [ Y FOP L9bCGtl. �i y x JW Y Aa SY$o G o s $S a q€ age a2R�g3S si % H°. Yd# yep Y - YS s =zk- �..�Fa. ceg 3 v3 $ 1 °EpG .Y °£:�gl.,o a <.., go &F W o i.9 48 O "Jd •tea' p � l-tl V �• K lB D¢� U � ^ O K p W � 6 6 ••� l K.. 1S ll3MS0 �I 4 a E�, o Y:u3um HO l tl n y V _ E N ��. �' w i I-y '� p a `Nf• i � c G a V as 6 & _s 2 0 I �f —tl __- 3htl VN3M ��tl ^j �••••• 11WIl All�y9••\� z n J`� III I, II 1 ¢ 1M COE 3¢ \ \\ V F E U y v 1 m 1 Oltl � 6 3Atl NON �19A 1W� U tl �Y tl�e O❑ U\\.� e tl si LLO IH Itl a 1 2 ¢ q a ORIGINAL EXHIBIT "C" ZONE CHANGE #17 -0047 ZONE CHANGE LEGAL DESCRIPTION CITY COUNCIL APPROVED ZONING: C- 21P.C.D. PROPOSED ZONING: C-2 (FROM PCO) BEING A PORTION OF THE NORTH HALF OF SECTION 22, TOWNSHIP 29 SOUTH, RANGE 28 EAST, M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL 7 AND PARCEL 3 O PARCEL MAP NO. 8267 RECORDED APRIL 27,1988 IN BOOK 35 OF PARCEL MAPS, PAGES 183 THROUGH 189, IN THE OFFICE OF THE KERN COUNTY RECORDER. PARCELS "A' AND "B" OF PARCEL MAP WAIVER NO. 19 -89 PER CERTIFICATE OF COMPLIANCE RECORDED NOVEMBER 2, 1989 IN BOOK 6310, PAGE 1501. OFFICIAL RECORDS AND RE- RECORDED MARCH 26, 1993 IN BOOK 6822, PAGE 833, OFFICIAL RECORDS, BOTH IN THE OFFICE OF THE KERN COUNTY RECORDER. CONTAINING 36.41 ACRES, MORE OR LESS $9 LMD iy J} Nq 6 +90 �P 9� Cr CAO1Y oc- 19 i1 681834.4614.661 - 634 -0977 2001 Wheelan Cod • 6akeeield, CA 93309 o``0AKF9N ti m U p ORIGINAL n a 2 Q N p }!9x 3 �Hij! p$Y ,e a !! 5 d F _3x �vY qqa gmqoi +� B�a �g1 II Y �ge yQ, E� al a EIm� t fl S I \ F � A 1 ppp 5�9 DMZ iflx q n a 2 Q N p }!9x 3 �Hij! p$Y ,e a !! 5 d F _3x �vY qqa gmqoi +� B�a �g1 II Y �ge yQ, E� al a EIm� t AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ss. County of Kern ) CHRISTOPHER GERRY, being duly sworn, deposes and says: That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield, and that on the 18th day of August, 2017 he posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4916 passed by the Bakersfield City Council at a meeting held on the 16th day of August, 2017 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 TO A C -2 /PCD (REGIONAL COMMERCIAL /PLANNED COMMERCIAL DEVELOPMENT) ZONE LOCATED BETWEEN STATE ROUTE 178 AND MALL VIEW ROAD. APPROXIMATELY ONE -THIRD MILE WEST OF OSWELL STREET. (ZC NO. 17 -0047) CHRISTOPHER GERRY Acting City Clerk and Ex Officio of the Council of the City of Bakersfield