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Home My WebLink AboutORD NO 5033ORDINANCE NO.- .5 0 3 3. AN ORDINANCE OF THE BAKERSFIELD CITY COUNCIL APPROVING AN AMENDMENT TO TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE TO CHANGE THE ZONE DISTRICT LOCATED ON THE NORTHEAST CORNER OF ARROW STREET AND NORTH SILLECT AVENUE. (ZC NO. 20-0118). WHEREAS, McIntosh and Associates for Sill Properties, filed an application with the City of Bakersfield Development Services Department requesting to change the zone district from an.R-1 (One -Family Dwelling) zone to an M-1 (Light Manufacturing) zone, on 8.06 acres located northeast corner of Arrow Street and North Sillect Avenue, as shown in attached Exhibit "B" (the "Project"); and WHEREAS, the Planning Commission held a public hearing on September 17, 2020, and approved Resolution No. 47-20, which recommended that the City Council approve the Project; and WHEREAS, the provisions of CEQA, the State CEQA Guidelines, and the City of Bakersfield CEQA Implementation Procedures have been followed; 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 above recitals, incorporated herein, are true and correct. 2. The Planning Commission's findings as contained in its Resolution No. 47-20 are hereby adopted. 3. Pursuant to State CEQA Guidelines Section 15061(b) (3), Review for Exemption, the Project is exempt from the requirements of CEQA. 4. The Project is hereby approved and incorporating condition of approval stated in Exhibit A, and 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 1 of 2 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 andopted by the Council of the City of Bakersfield at a regular meeting held on o 42020 by the following vote: ✓ ✓ J J AY ' COUNCILMEMBER: RIVERt GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN,�"�R NOES: COUNCILMEMBER: NbNE ABSTAIN: COUNCILMEMBER: taNE BSENT: COUNCILMEMBER: QIUEQA 1 PRQLIER- " tiwukin ULIE DRIMAKIS, CMC CITY -CLERK and Ex Officio Clerk of the Council of the City of Bakersfield NOV 0 4 1010 APPROVE KAREN GOH MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorn y By,/ VIRIDIANA GAI LARDO-KING / Deputy City Attorney Exhibits: A Condition of Approval B Zone Change Map C Legal Description Jeng / S:\Zone Change\01_Active\2020\20-01 18 (Sillect Ave- Arrow St)\1 CC\1st Read\ZC 20-0118 CC Ord.docx Page 2 of 2 0 O..IC�'N EXHIBIT A ZONE CHANGE NO. 20-0118 CONDITION OF APPROVAL 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. Jeng/ S:\Zone Change\01_Active\2020\20-0118 (Sillect Ave- Arrow St)\1 PC\ZC 20-0118 EXH A.docx 11gRK, .o O '1P v O ORIGAAL 0 n r -v ZC 20-0118 LEGEND (ZONE DISTRICTS) EXHIBITS ' •`:, — R-1 One family Dwelling •. 6,000 sq.ft. min lot size CITY OF BAKERSFIELD�'• �.• R-1.4.5 One Family Dwelling ��• 4500 sq.ft. min lot size E Eslate �.• 10,000 sq.ft. min lot size %.• •A R -S Residential Suburban b ••� 24,000 sq.H./dwelling unit • �•• — R -S{ ) Residential Suburban M-1 1, 2.5, S or 10 min lot size R-2 Limited Multiple Family Dwelling •• NO Zoning 4,500 sq.ft. min lot size (single family) �• 6,GOD sq.ft. min lot size (multifamily) •�• 2500 sq.ft. lot area/dwelling unit •�• R-3 Multiple Family Dwelling •� 6,000 sq.ft. min lot size • '•, �.. 1,250 sq.ft. lot area/dwelling unit I'• R-4 Nigh Density Multiple Family Dwelling ••` 40 y - 6,000 sq.ft. min lot size •� / 600 sq.1t. lot area/dwelling unit Rvo N1RA0A DR �+ c��0' •C/ �•.�• • i R•H Residential Holding �S I•''• %20 < OS acre mm lot size A Agriculture •�•• q ♦ � 6,000 sq.ft. min lot size M-1 GF •., �•� A -FPS A•20AAgriculture 9 000 '•� 20 acre min lot size �•�'• PUD Planned Unit Development '• •I M-1 �.• FP -P TT Travel Trailer Park •,• ,•. MH Mobilehome M-1 �• (-0 Professional and Administrative Office �.�, �• C-1 Neighborhood Commercial •. A C-2 Regional Commercial / C -C Commercial Center 4Q / C -B Central Business PCDPlanned Commercial Development FROM: R-1 i M-1Light Manufacturing T0: M-1 M•2 General Manufacturing i M-3 Heavy Industrial 1 P Automobile Parking S RE Recreation M-1 FP -P Ch Church Overlay OS Open Space HOSP Hospital Overlay BRITTAN RD AD Architectural Design Overlay FP -P Floodplain Primary FP -S floodplain Secondary I AA Airport Approach t DI Drilling Island I PE Petroleum Extraction Combining t y�, S( Senior Citizen Overlay t !� M-1 NO Hillside Development Combining M-1 I Fel M-1 Q. WM- West Ming Specific Plan t 9� Q L A I • I M-1 FP KERN RIVER BAKERSFIELD PARKWAY N L �? R -1 -FP -S n GULF ST 4Q N I 0 Feet r 0s F I Y p� M -1-r M 1 I t 0 220 440 I _z SI DaumentNeme:2020 08 03 EXHIBIT C ZONE CHANGE # 20-0118 zONF, C A.NGE LEGAL DESCRIPTION PARCEL 2 OF PARCEL MAP NO.6539 RECORDED MAY 7,1982 IN PARCEL MAP BOOK 27 AT PAGES 199 AND 200 IN THE OFFICE OF THE KERN COUNTY RECORDER LOCATED IN THE NORTH HALF OF SECTION 24, TOWNSH P 29 SOUTH RANGE 27 EAST, MOUNT DIABLO MERIDIAN IN THE CITY OF BAKERSFIELD, COUNTY OF KERN STATE OF CALIFORNIA. CONTAINING 8.06 ACRES, MORE OR LESS MCIWOSH, 661.8344814.661-834-0972 2001 Wheelan Court • Bakersfield, CA 93309 t;� 4 9 QF CAL1F 2° ,Z,K o P.U'ROJECi5119055.00-SILLPROPILegals%ZoneChange LEGAL Deswiption.docxJD05282020 >- m v0R1= NALL EXHIBIT C ZONE CHANGE # 20-0118 1 i�9S 827E _ ` � � 11 4'1 sr111ww_ Iwm a d— 9 Z •,� V— .rif.�tT�tLj� _ \ y1 •w�w.y o rvt w iso tti ta.N`Y • M f i PROPOSED ZONE CHANGE sax, PRO8k= tea, �4 q�wYilw R.waw. Pla/,ltY�w� p Rnw �IW.e��.S�M 0 �T ti � tiM �P MON VDo�t K M wtQ lw.y� p �.o w t�t.tl /a.mla Ila lu �..ow.aalia Irwt Iw y tlll AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) ss. County of Kern ) JULIE DRIMAKIS, 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 6T" day of November, 2020 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 5033, passed by the Bakersfield City Council at a meeting held on the 4th day of November, 2020 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 ON THE NORTHEAST CORNER OF ARROW STREET AND NORTH SILLECT AVENUE. (ZC NO. 20-0118). JULIE DRIMAKIS, CMC City Clerk and Ex Officio of the Council of the City of Bakersfield SADOCUMEN'RFORMSWOP.ORD.wpd Ot IGNAL