HomeMy WebLinkAboutORD NO 5072ORoiNANCE NO_ 5 Q 7 2
AN ORr>INANCE OF THE BAKERSFIELr> CITY COUNCIL
APPROVING AN AMENE>MENT TO TITLE 17 OF THE BAKERSFIELr>
MUNICIPAL COr>E TO CHANGE THE ZONE r>ISTRIGT LOCATEE>
AT 7-SO COFFEE ROAE> (ZC NO_ 21-0277),
WHEREAS, Lawcrest, LLC for Tim Sullivan, filed an application with the City of
Bakersfield development Services [Depcirtment reclLjesting to change the zone district
from C-O (Professional and Administrative (Dffice) to C-2 (Regional Commercial) on 1 _63
acres located 250 Coffee Rood as shown in attached Exhibit -B," (the "Project"): and
WHEREAS, the Planning Commission held a public hearing on November 4, 2021,
and approved Resolution No_ 53-21 , 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 hove been followed; c-ond
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 Genera/ Plan_
SECTION 1.
NOW, THEREFORE, BE IT ORUAINEU by the Bakersfield City Council as follows:
1 _ The above recitals, incorporated herein, ore trLje and correct.
2. The Planning (--ommission's findings as contained in its Resolu)tion No_ 53-21
are hereby adopted.
3_ POrsOG7nt to State CEQA Guidelines Section 1 5301, Existing Faci/ities, 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 mop as
described in Bakersfield M�nicipol Code Section 1 7.06.020 located on the
map as shown in Exhibit B and as specifically described in Exhibit C, all of
which ore incorporated herein_
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�ORIG�NAI-
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 ---------
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
by the following vote:
v r 4---- v v
AYES: COUNCILMEMBER ARIAS, G9-�ES, WEIR, SMITH, RK-E -AN GRAY, PARLIER
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER Ct0N9AL,4 . R6EHA0
JU'LIE DRIMAKIS, MMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
APPROVED: JAN 05 2022
By NV
WEN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA NNARO, CITY ATTORNEY
B - I
VIRIDIANA LL RDO-KING
Deputy City Attorney
Exhibits: A Condition of Approval
B Zone Change Map
C Legal Description
TJaquez / SAZone Change\01_Active\2021\21-0277\1 PC.CC DOCS\03_CC_2nd Reading\ZC 21-0277_CC ZC
Ordinance.docx
Page 2 of 2
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`ORIGINAL
EXHIBIT "A"
ZONE CHANGE NO. 21-0277
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.
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EXHIBIT "C"
LEGAL DESCRIPTION
BEING A PORTION OF THE SOUTHWEST QUARTER OF SECTION 33, T. 29
S., R. 27 E., M.D.M., IN THE CITY OF BAKERSFIELD, COUNTY OF KERN,
STATE OF CALIFORNIA AND MORE PARTICULARLY DESRIBED AS
FOLLOWS.
PARCEL 1, PARCEL MAP NO. 12112, PHASE 2, RECORDED IN BOOK 64 OF
PARCEL MAPS AT PAGE 39 IN THE OFFICE OF THE KERN COUNTY
RECORDER.
PARCEL CONTAINS 1.63 GR. AC., 1.56 NET AC.
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No. 5974
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PARCEL MAP N0. 12112 PHASE 2
S 0017'36" W 24.05'
N 86052'40" W 12.12'
S 01 *56'12" W
56.81'
55'
P.M. BOOK 60, PAGE 39
N 84006143"
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`'SCR=GINAL
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 6th day of January, 2022 she posted on the Bulletin Board at City Hall, a
full, true and correct copy of the following: Ordinance No. 5072, passed by the
Bakersfield City Council at a meeting held on the 5th day of January, 2022 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 250 COFFEE ROAD (ZC NO. 21-
0277)
JULIE DRIMAKIS, MMQ
City Clerk and Ex Officio of the
Council of the City of Bakersfield
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