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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_ � m 0 �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 m F-- r `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. TJaquez/ G:\pin\shared\Zone Change\01_Active\2021\21-0277\Admin SR\ZC 20-0118_Exh A.docx p KE9�, T } m � r `�pRtCzINAL ,LL W,^ V Q W JW _ C c vu - o _ _ - 3 0 3 _ ; _ E a E - - > a - c o o> c c s' 3 E- a c > c c - �. c `'' E vm '^ E' __ o E o _> E vm �E 'E E E N o= E E ro E 3 �_ E o 90 ' c o c c - c v W m .EQ - `o �� czmEE'��_E'm - -� --_ T _ o m _rn m m .2.0. Q W H �� Qf ED W LL u m Q o N o OO O N N 15 A31S3N)NIM y O e� N K K 1) 8VA01 13 y O nJ aC o K 3 o QP�,Pp0. 1S V1tlIM VIA W 0 Jp� Q\P\pS\ Q D AM IIVno 1) S0131N S07 CE z N of CC i N N1310OVSA1dW3 0: � 3 w 11 VWSIAV) VIA 133AS Ix N N _ w JP N w _ ON39a1811V00 K m M N N w a 31S30 V1a3nd N � N � M N \ a x U U If � O ci j f, O OC LL. �i N y U d N IL LL U d y LL O LL IL 9L LL d LL y \ a d LL LL a y aL LL _m ILL CILLL a LL v, N d. LL LL 0 ~ LLI LL ' m m N = t1 y VO a a LL CL N W LLth LL LL y a LL O as asoisoo N C n CC O o�OPK i \ } r 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. X- No. 5974 xi o``gaKF9� T > m � r ` cR!GINPIC" EXHIBIT "C" CONC. MON. � WESTFIELD RD, zo N M I N 89.58'42" W 55.00, } _ S 89058'42" E NAcM � I 360.41' PARCEL 1 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" 1.63 GR. AC., 1.55 NET AC. w 11a.s3' 0 ZD S 16°3848" W 1 82.51' =16°38'48" `V R=100.00' W LLJ cq L = 29.05' LLL N T = 14.63' 0100 S O°DO'00" E 39.90'C) b o o o 0 Z NTS �I LAND SV'9 A. S4 LU N 90000'00" W 134.24' J Q' �,9� C `� I No.5974 0 o Z _ _ S 45001'18" W 22.56' Exp. N 89.5842" W N 89°58'42" W 8.00' 211 ° 14 ' � = 47 cfj, SUpP 55.00 R = 40.05' OF CALF L=147.66' M c T=143.21' B�0 I I _ STOCKDALE HWY. CONC. MON. SW COR. SEC. 33, 29/27 ��aKF9� o T m c� `'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 SAD0CUMENT1F0RMS\A0P.0RD.wpd