HomeMy WebLinkAboutORD NO 5055ORDINANCE NO. ;5 0 55
AN ORDINANCE OF THE BAKERSFIELD CITY COUNCIL
APPROVING AN AMENDMENT TO TITLE 17 OF THE BAKERSFIELD
MUNICIPAL CODE BY PREZONING PROPERTY, LOCATED AT THE
SOUTHWEST CORNER OF THE PAMANA LANE AND PROGRESS
ROAD INTERSECTION (ZC NO. 21-0098).
WHEREAS, the City of Bakersfield is requesting an amendment to Title 17 of the
Bakersfield Municipal Code to change the Zone District from A (Agriculture) to M-1
(Light Manufacturing) on 37.08 acres, located at the southwest corner of the ;Panama
Lane and Progress Road intersection (the "Project"); and
WHEREAS, prezoning area (APNs 540-010-42 and -43) is currently outside the City
limits; and
WHEREAS, the prezoning area is within the City of Bakersfield's Sphere of
Influence boundary; and
WHEREAS, an Addendum to the Mitigated Negative Declaration for Amendment
of Zoning No. 123, Case No. 38 adopted by the Kern County Board of Supervisors on
January 4, 2005 has been provided; and
WHEREAS, the Planning Commission held a public hearing on May 6, 2021, and
approved a Resolution, which recommended that the City Council approve the
Project; and
WHEREAS, the Clerk of the City Council set Wednesday, June 2, 2021 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 approval of
the amendment as required by Government Code Section 65355, and 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 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 Project is hereby approved incorporating the change into the official
zoning map as described in Bakersfield Municipal Code Section 17.06.020
as specifically described in Exhibit A, located on the map as shown in�AK�
Exhibit B, and subject to the Conditions of Approval as shown in Exhibit;
all of which are incorporated herein. m
Page 1 of 2
ORiUINAL
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.
I
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I HEREBY
00 --------
HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the
Council of the City of Bakersfield at a regular meeting held on 14th day of July;2021, by
the following vote:
✓ ✓ ✓ ✓ ✓
COUNCILMEMBER: ARIAS, GONZALES, WE(2, SMITH, FREEMAN, GRAY, PARLIER
NOES: COUNCILMEMBER: bcw
ABSTAIN: COUNCILMEMBER:— f\fWV-
SE COUNCILMEMBER:
J LIE DRIMAKIS, CMC
CITY CLERK and Ex Officio Clerk
of the Council of the City of Bakersfield
APPROVED JUL 14 2021
KAREN GOH
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attor ey
By
VIRIDIANA G ARDO-KING
Deputy City Attorney
Exhibits: A Legal Description
B Zone Change Map
C Conditions of Approval
o`� 6A�F9s
Page 2 of 2
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ORIU-INAL
EXHIBIT "A"
LOT LINE AD3USTMENT NO. 53-09
ALL THAT PORTION.OF LOTS 2 AND 7 OF SECTION 29, TOWNSHIP 30 SOUTH,
RANGE 27 EAST, MDM, KERN COUNTY, CALIFORNIA, ACCORDING TO THE "SALES
MAP OF LAND OF KERN COUNTY LAND COMPANY" DATED JUNE 14, 1897,
RECORDED IN THE OFFICE OF THE KERN COUNTY RECORDER, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL 1
Commencing at the Northwest comer of said Section 29, thence S89014'59"E, along
the North line of the Northwest Quarter thereof, 1319.65 feet; thence S0035'39"W,
30.00 feet to the Northwest comer of said Lot 2 and the True Point of Beginning;
thence continuing S0035'39"W, along the West lines of said Lots, 842.94 feet;
thence S891024'21"E, 209.80 feet; thence S0035'39"W, 80.00 feet; thence
S89024'21"E, 462.00 feet; thence N0035'39"E, 80.00 feet; thence S89024'21"E,
208.62 feet; thence N0035'39"E, 840.54 feet to a point on the North line of said
Lot 2; thence N89014'59"W, along last said North line, 880.43 feet to the True Point
of Beginning.
Containing 17.86 acres, more or less.
PARCEL 2
Commencing at the Northwest comer of said Section 29, thence S89014'59"E, along
the North line of the Northwest Quarter thereof, 1319.65 feet; thence S0035'39"W,
872.94 feet to the True Point of Beginning; thence continuing S0035'39"W, along
the West line of Lot 7 a distance of 440.33 feet to the Southwest corner thereof;
thence S89017'28"E, along the South line of said Lot 7, a distance of 1289.75 feet
to the Southeast comer thereof; thence N0035'24E, along the West line of said
Lots, 1282.34'feet to the Northeast comer of said Lot 2; thence N89°14'59"W,
along the North line of last said Lot, 69.23 feet to the Northeast comer of that
Parcel described in Document No. 0204278266, O.R., recorded in the Kern County
Recorder's Office; thence along the boundary of said Parcel: S01034'47"W, 260.40
feet; N89014'59"W, 150.00 feet and N0034'47"E, 260.40 feet to a point on, said
North line of Lot 2; thence N89°14'59" W, along last said North line, 190.00 feet;
thence S0035'39"W, 840.54 feet; thence N89024'21"W, 208.62 feet; thence
S0035'39"W, 80.00 feet; thence N89024'21"W, 462.00 feet; thence N035'39"E,
80.00 feet; thence N89024'21"W, 209.80 feet, to the True Point of Beginning.
Containing 19.22 acres, more or less.
DOLMARTER AND DEIFEL
3 K. DELMARTER
17564 EXP. 6/30/11
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ORIGINAL
iLOT LWE ADJUSTMENT No, 53-0'
"THIS MAP IS PROVIDED FOR ILLUSTRATIVE PURPOSES ONLY"
BEING AN ADJUSTMENT BETWEEN A PORTION OF LOT 2 AND LOT 7 OF SECTION 29, T. 30 S., R. 27 E., M.D.M.,
KERN COUNTY, CALIFORNIA ACCORDING TO THE "SALES MAP OF LANDS OF KERN COUNTY LAND COMPANY" DATED JUNE 14, 1897
AND RECORDED AS DOCUMENT NO. 0203213228 O.R. IN THE OFFICE OF THE KERN COUNTY RECORDER
2 PARCELS CONTAINING 37.08 ACRES
DOCUMENT NO. SALES MAP CORNER PER �.
b 0204278266 O.R. FILED MAP 7-1 BK. 6, PG. 26
0 1/4 COR. POSITION IS 077' E
NW COR. SEC. 29 30/27 CA PANAMA LANE (CO. RD. NO. 4) MID -SEC. BEARING IS NO -34.47"E
Ze"FILED MAP 7-1 BK. 6, PG. 26 S89'14-----------
-_--_'59"E 1319.65' -�- - --- -____ -" S89'14'S9"E 1319.65' " ---
86 .4 ' N '1'96.01Y 3 w a 1�
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DEIJIpRIER 6 DEff0. L �i%(i 119.22 AECRES —30'
30'
JAMES K. DE RTER DATE o
R.C.E. 17564 EXPIRES: 6/30/2011 I ate',
1220.75' to ,
N89'17'28"W 1319.75'
_P_ROP_ERTY SUBJECT TO__UNPLOTTABLE KERN COUNTY LAND COMPANY EXSEMENT
FOR CANALS, DITCHES, ROADS, RAILROADS ETC. PER BOOK -225-OF-DEEDS, PAGE. -117- --- - ---
1" = 300' BASIS OF BEARINGS
oGtT Y per; ALL INFORMATION SHOWN HEREON IS RECORD OR CALCULATED FROM
a� RECORD AS SHOWN ON MAP NO. 7-1. BOOK 6, PAGE 26 FILED IN THE
OFFICE OF THE KERN COUNTY SURVEYOR. ALL DISTANCES HAVE BEEN
CONVERTED TO GROUND AND . PROPORTIONED TO SALES MAP DISTANCES.
CONDITIONS OF APPROVAL
ZONE CHANGE NO. 21-0098
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.
For orderly development
PLANNING
2. The property owner shall substantially adhere to the most current concept for the
expansion area presented to the City at the time of the processing .of Zone Change No.
21-0098 (see attached Expansion Area Concept).
For orderly development
61 G -c+
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ORIGINAL
LEGAL DESCRIPTION
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63 SITE PLAN PD
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 16th day of July, 2021 she posted on the Bulletin Board at City Hall, a
full, true and correct copy of the following: Ordinance No. 5055, passed by the
Bakersfield City Council at a meeting held on the 14TH day of July, 2021 and entitled:
AN ORDINANCE OF THE BAKERSFIELD CITY COUNCIL
APPROVING AN AMENDMENT TO TITLE 17 OF THE BAKERSFIELD
MUNICIPAL CODE BY PREZONING PROPERTY, LOCATED AT THE
SOUTHWEST CORNER OF THE PANAMA LANE AND PROGRESS
ROAD INTERSECTION (ZC NO. 21-0098).
JULIE DRIMAKIS, CMC
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By: Q"'�G6',A
DEP City Clerk
SADOCUMENT\FORMSWOP.ORD.wpd