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HomeMy WebLinkAboutZC 23-0014_4215 Letzring Lane_Staff Report CC: s:|Zone Change/Active/ 2023/23-0014_4215 Letzring CITY OF BAKERSFIELD PLANNING COMMISSION MEETING DATE: May 4, 2023 AGENDA: 6.a. TO: Chair Cater and Members of the Planning Commission FROM: Paul Johnson, Planning Director DATE: April 28, 2023 FILE: Zone Change No. 23-0014 WARD: 1 STAFF PLANNER: Courtney Camps, Associate Planner II REQUEST: Change in the zone classification from C-2 (Regional Commercial) to C-2 (Regional Commercial) to remove a Declaration of Restrictions. APPLICANT: OWNER: Housing Authority of the County of Kern LMCHAO, LLC 601 24th Street 5609 Stine Road Bakersfield, CA 93301 Bakersfield, CA 93313 PROJECT LOCATION: 4215 Letzring Lane APN: 405-020-51 PROJECT SIZE: 5.94 acres CEQA Section 15061 (b)(3) (Common Sense) EXISTING GENERAL PLAN DESIGNATION: GC (General Commercial) EXISTING ZONE CLASSIFICATION: C-2 (Regional Commercial) STAFF RECOMMENDATION: Adopt Resolution APPROVING a change in zone classification from C-2 to C- 2 to remove the Declaration of Restrictions on 5.94 acres and recommend same to City Council. SITE CHARACTERISTICS: The project site is vacant land. Surrounding properties are primarily developed as: north – commercial business; east – commercial businesses; south – single-family residential; and west – fast food restaurant. Zone Change No. 23-0014 Page 2 BACKGROUND AND TIMELINE: • May 21, 1980 - This site was part of a larger annexation into the City (Fairview No. 1) (Ordinance No. 2561). • February 22, 1984 - This site was part of a larger zone change approved by City Council (No. 4043). Although the subject site maintained the original zoning classification of M-1-D (Light Manufacturing- Architectural Design), a Declaration of Restrictions was imposed (Ordinance No. 2902). • September 10, 1986 - This site was part of a larger zone change approved by City Council (No. 4473). The subject site changed zone classification from M-1-D (Light Manufacturing-Architectural Design) to R-2 (Limited Multi-Family Dwelling) (Ordinance No. 3071). • April 8, 1992 - This site was part of a larger zone change approved by City Council (No. 5245). The subject site changed zone classification from R-2 (Limited Multi-Family Dwelling) to C-2 (Regional Commercia) (Ordinance No. 3456). PROJECT ANALYSIS: The requested zone change from C-2 to C-2 is to remove a Declaration of Restrictions imposed onto the site. As noted in the timeline, this project site was part of a larger zone change approved in 1984. More specifically, a change in zone classification from M-1-D (Light Manufacturing-Architectural Design) Zone to: • R-1 (One Family Dwelling) Zone on 54 acres • R-3 (Limited Multiple Family Dwelling) Zone on 25.5 acres • C-O (Commercial and Professional Office) Zone on 2 acres • C-1 (Limited Commercial) Zone on 3 acres • C-2 (Commercial) Zone on 17.5 acres • A (Agricultural) Zone on 3 acres Additionally, 21 acres would remain zoned M-1-D. This acreage was subject to a Declaration of Restrictions to ensure compatibility with the new less intensive surrounding zoning: That the Terms and Limitations of the Declaration of Restrictions recorded as to the property that remained M-1-D (Light Manufacturing-Architectural Design) as a result of the rezoning hereby granted, as described in such Declaration recorded February 16, 1984, on Page 533 of Book 5632 of the Official Records of the Kern County Recorder, are hereby incorporated in this Ordinance and continuation of such terms and limitations are expressly made a condition subsequent to the changes of zoning effectuated hereby. At that time, the stated purpose of the Declaration of Restrictions: The property is subjected to these Restrictive Covenants to insure proper use and appropriate development and improvement of each building site; to protect the owners of building sites against improper use of surrounding building sites which will depreciate the value of their property; and to guard against the erection thereon of structures built of improper or unsuitable material; to insure adequate and reasonable development of said property; to encourage the erection of attractive improvements thereon, with appropriate locations thereof on building sites; to prevent haphazard and inharmonious improvement of building sites; to secure and maintain proper setbacks from streets, and Zone Change No. 23-0014 Page 3 adequate free spaces between structures, and in general to provide adequately for a high type quality of improvement on the Property. The Declaration of Restrictions went on to state: • The building sites in the Property shall be for light industrial and commercial purposes only. • Exterior walls of main buildings shall be of concrete or masonry construction, except that walls which face interior lot lines may be of asbestos. The Housing Authority of the County of Kern (HACK) intends to use the 5.94-acre site for residential purposes on of what used to be zoned M-1-D but now zoned C-2. If the zone change request is approved, the development will be formally reviewed for compliance with City development standards. The proposed below market rate housing development will feature approximately 54 studio rental units, 95 one-bedroom units, and 1 onsite manager’s unit. The site will include a clubhouse with community room with accompanying rest rooms, laundry room, an outdoor BBQ picnic area, a services office, and rental office. Additionally, HACK does not want to construct the housing with concrete/masonry walls and the use of asbestos in construction is not optimal. It is important to note the covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, after which time said covenants shall he automatically extended for successive periods of ten (10) years unless an instrument signed by the owners of eighty percent (80%) of the acreage has been recorded, agreeing to change said covenants in whole or in part. The applicant spent time and effort trying to research and obtain sufficient signatures to change the covenants. However, it has been 39 years since the covenant was recorded, properties have been subdivided, and ownership changed multiple times making it an infeasible option. The alternative is to process a zone change to remove the covenant from the 5.94 acres site. Removal of the covenant will facilitate development of needed housing. Therefore, the applicant is requesting to remove the Declaration of Restrictions from the project site. ENVIRONMENTAL REVIEW AND DETERMINATION: A Notice of Exemption (NOE) was prepared for this project in accordance with the California Environmental Quality Act (CEQA). Based upon an initial environmental assessment, staff determined the proposed project will not have an effect on the physical environment or existing development in the area. Therefore, this project has been found to be exempt from the provisions of CEQA in accordance with CEQA Guidelines Section 15061 (b)(3), Review for Exemption. PUBLIC NOTIFICATION: Public notice for the proposed project and environmental determination was advertised in The Bakersfield Californian and posted on the bulletin board in the City of Bakersfield Development Services Building, 1715 Chester Avenue, Bakersfield, California. All property owners within 300 feet of the project site were notified by United States Postal Service mail regarding this public hearing in accordance with city ordinance and state law. Signs are required as part of the public notification process and must be posted between 20 to 60 days before the public hearing date. Photographs of the posted signage and the Declaration of Posting Public Hearing Notice signed by the applicant are on file at the Planning Division. Comments Received. As of this writing, no written public comments have been received. Zone Change No. 23-0014 Page 4 CONCLUSIONS: Consistency with General Plan and Zoning Ordinance. The proposal is consistent with land use goals and policies as contained in the General Plan, which encourages continuity of existing development and allows incremental expansion of infrastructure. Additionally, the project would encourage infill of vacant land. As noted above, any future development will comply with all applicable regulations, design standards, and Zoning Ordinance requirements. Recommendation. Staff finds no compelling reason the 39-year-old covenant should remain given the City’s current development standards and building code requirements. Staff also finds that the applicable provisions of CEQA have been complied with, and the proposal is compatible with the existing land use designation and land uses in the surrounding area. Based on information in the record, Staff recommends your Commission adopt Resolution approving the zone change from C-2 to C-2 to remove the Declaration of Restrictions on 5.94 acres and recommend same to City Council. ATTACHMENTS: Map Set • Aerial • Zone Classification • General Plan Designation Ordinance No. 2902 Declaration of Restrictions Notice of Exemption Planning Commission Draft Resolution MAP SET 2/8/2023 ORDINANCE NO. 2902 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE LAND USE ZONING OF THOSE CERTAIN PROPERTIES IN THE CITY OF BAKERSFIELD LOCATED SOUTH OF WHITE LANE, WEST OF SOUTH "H" STREET, NORTH OF PACHECO ROAD, EAST OF HUGHES LANE AND THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF THE SOUTHERN PACIFIC RAILROAD. WHEREAS, in accordance with the procedure set forth in the provisions of Title 17 of the Municipal Code of the City of Bakersfield, the City Council has held a public hearing on an appeal by the applicant from the decision of the Planning Commission on a petition to change the land use zoning of those certain properties in the City of Bakersfield located south of White Lane, west of South "H" Street, north of Pacheco Road, east of Hughes Lane and the southeasterly right-of-way line of the Southern Pacific Railroad; and WHEREAS, the City Council, as a result of said hearing, did make several general and specific findings of fact which warranted a negative declaration of environmental impact and a change of zoning of the subject properties from an M-1-D (Light Manufacturing-Architectural Design) Zone to an R-1 (One Family Dwelling) Zone, to an R-3 (Limited Multiple Family Dwelling) Zone, to a C-O (Commercial and Professional Office) Zone, to a C-1 (Limited Commercial) Zone, to a C-2 (Commercial) Zone, and to an A (Agricultural) Zone; and WHEREAS, the City Council has determined after due consideration of said petition and the recommendations of the Planning Commission herein on file, together with the reasons advanced at the hearing for changes of zoning of said properties that zoning changes should be authorized subject to the condition subsequent set forth below; and WHEREAS, the City Council has determined and found that the proposed zoning is consistent with the General Plan of the City of Bakersfield. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: 1. All of the foregoing recitals are hereby found to be true and correct. 2. This Council hereby approves and adopts the Negative Declaration. 3. Section 17.06.020 (Zoning Map) of the Municipal Code of the City of Bakersfield be and the same is hereby amended by changing the land use zoning of certain properties in said City, the boundaries of which properties are shown on the map hereto attached and made a part hereof, as follows: Those portions of Lots 17, 18, 19, 20, 29, 30, 31 and 32 of Kern County Sales Map No. 1 of the Lands of J.B. Haggin filed May 3, 1889 in the Office of the County Recorder of the County of Kern, being also a portion of the southeast Quarter of Section 13, Town- ship 30 South, Range 27 East, M.D.B.&M., all in the incorporated area of the City of Bakersfield. FROM AN M-1-D (LIGHT MANUFACTURING-ARCHITEC- TURAL DESIGN) ZONE TO AN R-1 (ONE FAMILY DWELLING), OR MORE RESTRICTIVE ZONE: Commencing at the southeast corner of afore- described Section 13; Thence North 89°58'45" West, on and along the southerly line thereof, 305.00 feet to the True Point of Beginning; Thence continuing North 89°58'45" West, on and along said southerly line, 2,340.88 feet to the southwest corner of the southeast Quarter of said Section 13; 2. Thence North 00°02'47" West, on and along the westerly line of said southeast Quarter, 922.73 feet, more or less, to the south- easterly line of the Southern Pacific Railroad right-of-way as delineated in deed filed in Book 54 of deeds, at Page 270, in the Office of the County Recorder of the County of Kern; Thence North 44°23'14" East, on and along said right-of-way line, 608.22 feet, more or less, to a point on the northerly line of that certain 150-foot wide tower and pole line easement granted to the Pacific Gas and Electric Company in Book 3740, at Page 604, Official Records of Kern County; Thence South 75°09'11" East, on and along said northerly line, 397.55 feet; Thence South 00°02'47" East, 155.21 feet, more or less, to a point on the southerly line of said easement; Thence south 75°09'11" East, on and along said southerly easement line, 1,583.89 feet; Thence South 00°03'45" East, 695.30 feet, more or less, to the southerly line of aforedescribed southeast Quarter of Section 13 and the True Point of Beginning. FROM AN M-1-D (LIGHT MANUFACTURING-ARCHITEC- TURAL DESIGN) ZONE TO AN R-3 (LIMITED MULTIPLE FAMILY DWELLING) OR MORE RESTRIC- TIVE ZONE: Commencing at the southeast corner of afore- described Section 13; Thence North 00°01'41" East, on and along the easterly line thereof, 686.86 feet to the True Point of Beginning; Thence North 75°09'11" West, 316.05 feet; Thence South 00°03'45" East, 72.44 feet, more or less, to a point on the southerly line of that certain 150-foot wide tower and pole line easement granted to the Pacific Gas and Electric Company in Book 3740, at Page 604, Official Records of Kern County; Thence North 75°09'11" West, on and along said southerly line, 1,231.81 feet; 3. Thence North 14°50'49 00 East, 335.00 feet; Thence South 75°09'11 00 East, 120.00 feet; Thence North 14°50'4900 East, 182.72 feet; Thence North 44°23'1400 East, 465.75 feet; Thence South 89°56'5000 East, 176.43 feet; Thence South 00°03'10 00 West, 230.00 feet; Thence North 89°58'1900 East, 745.00 feet, more or less, to a point on the easterly line of Section 13; Thence South 00°01'41 00 East, on and along said easterly section line, 896.91 feet, more or less, to the True Point of Begin- ning. FROM AN M-1-D (LIGHT MANUFACTURING-ARCHITEC- TURAL DESIGN) ZONE TO A C-O (COMMERCIAL AND PROFESSIONAL OFFICE), OR MORE RESTRICTIVE ZONE: Commencing at the southeast corner of afore- described Section 13; Thence North 00°01'41 00 West, on and along the easterly line thereof, 475.26 feet to the True Point of Beginning; Thence continuing, on and along said easterly section line, North 00°01'41 00 West, 211. 60 feet; Thence leaving said section line, North 75°09'11 00 West, 316.05 feet; Thence South 00°03'45 00 East, 292.74 feet; Thence North 89°58'1900 East, 305.28 feet, more or less, to the True Point of Begin- ning. FROM AN M-1-D (LIGHT MANUFACTURING-ARCHITEC- TURAL DESIGN) ZONE TO A C-1 (LIMITED COMMER- CIAL), OR MORE RESTRICTIVE ZONE: Beginning at the southeast corner of Section 13 aforedescribed; Thence North 89°58'45 00 West, on and along the southerly line thereof, 305.00 feet; Thence North 00°03'45 00 West, 475.00 feet; Thence North 89°58'19 00 East, 305.28 feet, more or less, to a point on the easterly line of Section 13; Thence South 00°01'41 00 East, on and along said easterly section line, 475.26 feet, more or less, to the Point of Beginning. 4. FROM AN M-1-D (LIGHT MANUFACTURING-ARCHITEC- TURAL DESIGN) ZONE TO A C-2 (COMMERCIAL), OR MORE RESTRICTIVE ZONE: Beginning at the northeast corner of the southeast Quarter of Section 13 afore- described; Thence South 00°01'41" East, on and along the easterly line thereof, 30.00 feet; Thence North 89°56'50" West, 74.95 feet; Thence South 00°01'41" East, 19.00 feet to a point on a non-tangent curve, concave south- westerly, having a radius of 20.00 feet, from which the radial point of said curve bears South 00°01'41" East; Thence southeasterly, on and along said curve, through a central angle of 89°55'09", an arc distance of 31.39 feet; Thence South 00°01'41" East, 286.10 feet; Thence North 89°58'19" East, 55.00 feet, more or less, to a point on aforesaid easterly line of Section 13; Thence South 00°01'41" East, on and along said easterly line, 705.00 feet; Thence South 89°58'19" West, 745.00 feet; Thence North 00°03'10" East, 1,061.05 feet, more or less, to a point on the northerly line of the southeast Quarter of Section 13; Thence South 89°56'50" East, on and along said northerly line, 743.50 feet, more or less, to the northeast corner of said southeast Quarter of Section 13 and the Point of Beginning. FROM AN M-1-D {LIGHT MANUFACTURING-ARCHITEC- TURAL DESIGN) ZONE TO AN A (AGRICULTURAL) OR MORE RESTRICTIVE ZONE: Commencing at the southwest corner of the southeast Quarter of Section 13 afore- described; Thence North 00°02'47" West, on and along the westerly line thereof, 922.73 feet, more or less, to a point on the southeasterly line of the Southern Pacific Railroad right- of-way as delineated in deed filed in Book 54 of deeds, at Page 270, in the Office of the County Recorder of the County of Kern; 5. Thence North 44°23'14" East, on and along said right-of-way line, 608.22 feet to the True Point of Beginning; Thence continuing North 44°23'14", on and along said right-of-way line, 586.32 feet; Thence South 17°37'49'' East, 310.37 feet to a point on a non-tangent curve, concave to the southeast, having a radius of 75.00 feet, from which the radial point of said curve, bears South 17°37'49" East; Thence southerly, on and along said curve, through a central angle of 119°30'06", an arc distance of 156.43 feet; Thence south 42°52'05" West, 134.57 feet, more or less, to a point on the northerly line of that certain 150-foot wide tower and pole line easement granted to the Pacific Gas and Electric Company in Book 3740, at Page 604, Official Records of Kern County; Thence North 75°09'11" West, on and along said northerly line, 397.55 feet, more or less, to the aforedescribed southeasterly railroad right-of-way line and the True Point of Beginning. The above changes of zoning are subject to the following requirement: That the Terms and Limitations of the Declaration of Restrictions recorded as to the property that remained M-1-D (Light Manufacturing-Architectural Design) as a result of the rezoning hereby granted, as described in such Declaration recorded February 16, 1984, on Page 533 of Book 5632 of the Official Records of the Kern County Recorder, are hereby incorporated in this Ordinance and continuation of such terms and limitations are expressly made a condition subsequent to the changes of zoning effectuated hereby. This Ordinance shall be posted in accordance with the City Charter provisions and shall become effective thirty (30) days from and after the date of its passage. ----------000---------- 6. 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 the 22nd day of February , 1984, by the following vote: AYES: COUNCILMEN, BAiHON, CHILDS, CHRISTENSEN, MOORE, PAYNE, RATTY, ROCKOFF NOES, COUNCILMEN: vJ\ J :::0, R ABSENT: COUNCILMEN: ':1'L A..:X'~f .ACSTAINING: -coiJNCILMtN: '::::1(Lf>J\ 1 APPROVED as to form: ASS~T CITY CLRK and Ex Officio Clerk of the Council of the City of Bakersfield 1984 L---.!J, &... // CITY01TTORt6of the ffl§ of Bakersfield AJS/bl 7. . ~ N ' 0 ~ ,,; ~ ~ C J C .. u . V ' L . 0 ~ L ~ z V :;: w z • J ,, ,, ,, ~, ,, w. " X " ~ " "· :1 X ,, ,, ~. ,, ,, ,, H ,, ::=, ,: "" !;: " " " " ,, ,, . ,: i ,, ,, " I " !\ I " " ,, t.'J '>h I\ \QI,' I ', ,,. ~· ,0·1 f WHITE LANE ............ , .. O< ........... . ......... " ...... , .. ,1.., ......... ,..,,.u, ..... ,,_ ·- i ........... :e,~.:. '""T .. .. ,~ .............. .. '"'""" .. 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MARGUERITE ::ANDERSON ,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 ........ ___ F_e_b_r_u_a_r_y,,__2_4 ________ ·········• 19 .. ?..~ ... he posted on the Bulletin Board at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held on .. Februar 22 84 . .L_..=c ____ ............ , 19 .... ·-·····• which ordinance was numbered .............. 2902 ................. New Series, and entitled: AN ORDINANCE OF THE COUNCIL OF TH-2: CITY OF BAKERSFIELD AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE LAND USE ZONING OF THOSE CERTAIN PROPERTIES IN THE CITY OF BAKERSFIELD LOCATED SOUTH OF WHITE LANE, WEST OF SOUTH "H" STREET, NORTH OF PACHECO ROAD, EAST OF HUGHES LANE AND THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF THE SOUTHERN PACIFIC RAILROAD. Subscribed and sworn to before me this ;;>4:tr1 day of }ce_bE1c'?::r.Y. . , 19!3.!J. .......... cl) (}.,(,).,!Y.J.. .ii ,. !tt-Ldd..,. ......... -········ Notary Public in nnd for the Coul!tY of Kern, Statfo! California OJll!illMi~!llll~lfflftl""IIIIHll!~!ll~llllll•llfflHllll~IH"'Hl'!!"'Pl<l"lfflln1111,....,l!!l!t1Plf!lll!lffl-llltlltllfttlllll I fi~ OFFICIAL SE,\t I J,r-~ CAWN E. REEDY ~h .. ~ i J,·di:] NO", AQ'f 1-'UF.:1!.•l: i'.A\ •I ORNIA '\V·fl,-::::z1y PR!"LCIPA\ 01 flCE 1111 ~ I ~:}ti~[_/ IURN f:Ol/NTY I! " " --MyComm:ss:on Exp.res Nov. 6, 1987 I 9'1i!IIIIU!llllll:J1111111111:111111111tilllllk<,1<oiih@<.,,,,,,1~1, .. 1,,.,.,,~1",.,i,o111,1m11·~•llll'IIU1,«1•,1••·•1,111m11111 . _,_ :·,. , -~-___ _t : -' B00~5632 PAtE 533 DECLARATION OF RESTRICTIONS A ~2395 ioOO ORS t .00 M•E4P A O i?/ I 6/B 1i3.a.4 .F.fi8 I 8 PM 2: I 7 KNOW ALL MCN BY THESE PRESENTS: That Atlantic Richfield Company, a Pennsylvania corporation, acting hereih by and through the undersigned.agents, duly author- ized c:1.; the owner of the property described in Exhibit "A" at~ tached hereto and incorporated by reference as if fully set forth, does hereby restrict said property as here:i na fter set forth, which restrictions shall he binding upon the purchaser or purchasers of any of said lots, lands or tracts anci his or their heirs, assigns, successors, devisees and administrators • PURPOSE: The property is subjected to these Restrictive Covel)ants to insure proper use and appropriate development and improvemeht of each building site; to protect the owners of building sites against improper use of surrounding building sites which will de- preciate the value of their property; and to guard against the erection thereon of structures bui 1 t of improper or unsuitable material; to insure adequate and reasonable development of said property; to encourage the erection of attractive improvements tb,ereon, with appropriate locations thereof on building sites; to prevent haphazard and ir.'larmonious improvemen~of building sites·; to secu_re and maintain proper set.hacks fromstreets, and adeqµate free spaces between structures, and in general to provide ade- quately for u high type quality of improvement on the Property. I. PERMIT'l'ED USES: (a) The building sites in the Property shall be for light industrial and cormnercial purposes and any use permitted in a M-l Light Manufacturing Zone by the zoning Ordinance for the city of Bakersfield, County of Kern, State of California, or as may from time to time he amended, except that the following uses shall he prohibited: 1. 2. 3. 4. s. 6. 7. a. 9. 10. 11. 12. Automobile assembling, body and fender works, painting, upholstering, dismantling and used parts storage Boathuilding Building materials storage yards Concrete hatch plants Contractor's plants and storage yards Electric welding and electroplating Ice and cold storage plants LumPeryards Machine shops Stone monument works Storage spaces for transit and transportation equipment Truck repairing and overhauling shops 0.00 CASH • • ·i {~·· I , ..... --·. ·_. ',. ·-:. - ,. -· . •,-·~· I ~t -.. ..::_ ·--,- ·! l BCOP 5632 PACE 53,1 13. Welding, metal fabricating and blacksmith shops 14. Prefabricat~d buildings 15. Soap rnanufacturi~g ( h) Building sites in the Property may be used for such conunercial and light industrial purposes, hut a grantee shall agree not to use, or allow the use of, said premises or any por- tion thereof or an;,-t,-.,..:.1..1! •'19 or structure thereon at any time for the manufacture, if..orage, distribution, or sale of any products or i-tems which sh,.11 inc:.;-aase the fire hc.:i.:ard oi: adjoining pro- perty~ or for any ,:usiness which consti tut.es a nuisance or causes the emiasion of odors or gases injurious to products manufactured or stored upon adjoining premises O:( premises within five hundred feet (500') oe said property: or for any purposes calculated to inj1,1re the reputation of said premises, or of the neighl1oring propert:n or for any purposes or use in violation of the laws of the United States or of the State of California. II._ BUILDING CONSTRUCTION Construction o~ alteration of buildings in the -Property shall meet the standards provided in these restrictions: (a) Exterior walls of main buildings shall he of concrete or masonry construction, except that walls which face interior lot lines may be of asbestos or metal material (excluding corru- gated material which has a pitch of corrugation of less than four j nche!3 {411 ) or a height of co1·rugation of less than one inch C-1"} f.rorn. a point forty feet (40') back ot' required concrete or mason- ry. III. OUTSIDE .STORAGE No accessory building or outside· storage use shall be con- structed to permit the keeping of articles, good~ or materials in the open nor exposed to public view. When necessary to store. and .keep such materials in the ope~, the lot or area shall be fenced with a screening devjce at least six feet (61 ) in height and all articles, goods and materials so stored shall he kt:.pt below the height of such screening device. IV. PARKING Parking areas mus.t he pro,,i ded in conformance with the standards of the City of Bakersfield, and must be paved with year-round surfaces (asphalt or concrete). v_.. LOADING DOCKS Loading facilities shall he so constructed that a rear load- ing vehicle sixty feet (.60 ' ) long being loaded or unloa!ied at any loading dock, . or ioading door, or loading area facing a street will not extend beyond the property line into the street. --------·------ • •i· ·.· ~' . , ,.- ,.-_ ·,·_ ..J,..·_. __ ..• ' i>r-~-~-:·---:• - ! l l i '. 1 1 ___ _ SOOr 5632 PAGE 535 VI. BUILDING CONFORMANCE The Eu:ildin.g Coq~a of the Gity of Bakersfield: County of Kern, State of California, in effect at the time of any con- struction shall apply to such construction. VII. HOUSEKEEPING Any owner or lessee in the Property must at all times keep the premises, buildings, improvements, including landscaping and appt:.rtenances, in a safe, clean, attractive, wholesome condition and comply in all respects with all government, health and police req11irementa. VIII. DEFINITION Wherever in these restrictions the word "owner" appears and reference is made to other than the ATLANTIC RICHFIELD COMPANY, sai:d word shall include a lessee, assignee, or successor. of owner. IX. TERM OF COVENANTS These covenants are to run with the land and shall he bind- ing on all parties and all persons claiming under them for a per- iod of thirty ( 30) years from the date these covenants are re- corded, after which time said covenants shall he automatically extended for successive priods of ten (10) years unJess an in:... strument signed by the owners of eighty percent (SO%) of the acreage has been recorded, agreeing to change said covenants in whole 9r in part. X. ENFORCEMENT Any and all of the property owners within the Property shall have the right to enforce these covenants through due process of law or in equity against any person or persons violating or at- tempting to violate any covenant either to restrain violation or to recover damages. Invalidation of any of the . forego_j ng Restrictive Covenants shall not affect the validity o-f a11y other such covemmts, nut. the same shall remain ir. full for~e and effect. Executed this I~~ day of ---~_k,_.{c_v_J\-___ e..,.✓ ___ ,_ 1984 I ATLANTIC RICHFIELD COMPANY By: ' . 1 •.' -'. _:-, -:.:;· :-.. . . 7:.~-,,r. .t·', ~ ,._ ... - S'ffil'E OE'-CALIFORNIA ----, ·---·----------------.-,-- ) ss OOUN'lY OF KERN ) BOOr 5632 PAGE 536 On February 16 , 19 84 , before ne, the undersigned, a Notary Public in and for , the said State, personally appear~ Frank E. Holmes , known to me (or proved to me oo the basis of satisfactory evidence) to be the Attorney-in-Fact of ATI.ANI'IC R!Cfil'IELil CO·lP"~~. tl1s Corporation that. exeeuted fr.e w5.tr,in Inst.rurnexli:., kr..own tc me to be the perscn wtX> execnte:1 the within Instrument, en beha.lf of the COl'!X'ratioo herein nane:l, and acknowledged to me that such Corporatiai executed i:he w'ii::u.n Instrument i:;m:suant to its by-laws or a resolutial of its board of directors. ~.1L~ ~d+C:f~~seal. :·1.~...... MARY .PAULY [ l! .--~· '· NOTARY--PUBLIC· C".ALIFORNIA f ~ 1 \:~~ :_ B~!'JO Fl:ED IN •... •• KERN COUNT( MY COMMISS!ON EXPIRES SEPT. 14, 198ll --------· -·---·------. .-· : . :·· ... - --~-~--~-~-. ~\. -~-~--~-. -; ;.-.:~ .;;.>;0-.,~.--•=\·~~-·, -~.-. ---~---~ • -. -· -.,. .l.·. Exhibit ''A" M-1 ZONE* COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST-QUART.El OF SECTION 13 AFOREDESCRIBED; THENCE NORTH 89• 56' 50" WEST, ON AND ALONG THE NOllTHERI,Y L!NE THEUOP, 743.50 FEE? !O THE TlUE POINT OP BEGINNING; THENCE LEAVING SAID HORTHEIU."l LIME OP SAID SOUTHEAST-QU~.!1.'!E!. SOUTH oo· 031 10" WEST, 831.05 PEET; THENCE NOlTIJ sg• 56 1 SO" WEST, 176,43 FEET; THENCE SOUTH 44• 23' 14" WES't, 465.75 PEET; THE?~~E SOUTH 14• 50' 49" WEST, 182.72 FBiT; TiiE"riCi HO&TP. 75• 09' tl" ~ST, 120.00 FEET; '!HBNCF: SOUTH 14• 50' 49" WEST, 335.00 PEET, MORE 01 LESS, TO A POiifr ON THE SOUTHERLY LINE OF THAT CERTAIN 150 FOOT .WIDE TOWER AN~ POLE LINE EASEMENT GRANTED TO THE PACIFIC GAS AND ELECllIC COi'fPANY IH BOOK 3740, AT PAGE 604, OFFICIAL RECORDS OF KERN COUNTY; THENCE NOlTH 75• 09' 11 11 WES't, ON AND ALO!iG SAID SOUTHERLY LINE, 352.08 PEET; THENCE NORTH oi;,• 02' 47" WEST, 155.21 FEET TO A POINT ON THE NORTHERLY LINE OF AFOlESAID EASEMENT; THENCE NORTH 42• 52' 05" EAST, 134,57 FEET TO A POI~? ON A NON-TANGENT CURVE, CONCAVE TC THE SOUTHEAST, HAVING A RADIUS OF 75,00 FEET, FROM W-riICH THE lL~I~.L POINT OF SAID CURVE BEARS NORTH 4Z-52' 05" EAST; THENCE NORTHERLY ON. AND ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF li9Q 301 06", AN ARC DISTANCE OF l56~f3 FEET, THENCE ?;QllTH 17• 37' 4g" WEST, 319,37 PEET, MORE OR LESS. TO A POINT OF THE SOUTHEASTERLY LINE OP THE SOUTHEllN PACIFIC RAILROAD RIGHT-Ol-WAY AS DELINEATED IN DEED FILED lN BOOK 5~ OP DEEDS, AT PAG~ 270, IN THE OiPICE OF THE COUN'rl RECORDER OF THE COUNTY OP KEU; THENCE N.ORTH 44• 23' 14" EAST, ON AND ALONG SAID RIGH1-0P··WAY LINE, 1213.64 PIET, MOU Ol LESS, TO A POINT ON THE NORTHERLY LINE OP AFOUSAID SOUTHIAST-QUAiUJ. OP SECTION 13; THENCE SOUTH s9• 56' 50" EAST, ON AND ALONG SAID NOlTHEJlLY LINE, 217.30 PEET~ ~ORE Ok LESS, TO THE TlUE POINT OP BEGINNING. CONTAINING 21.232 ACRES. *TOTAL AREA CUUENTLY ZONED M-1. • '! Page 1 of 2 ATTACHMENT A RESOLUTION NO. ______ DRAFT RESOLUTION OF THE BAKERSFIELD PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE AN AMENDMENT TO TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE TO CHANGE THE ZONE DISTRICT LOCATED AT 4215 LETZRING LANE. (ZC NO. 23-0014). WHEREAS, Housing Authority of the County of Kern for LMCHAO, LLC, filed an application with the City of Bakersfield Development Services Department requesting to change the zone district from C-2 (Regional Commercial) to C-2 (Regional Commercial) on 5.94 acres located at 4215 Letzring Lane, as shown in attached Exhibit “B” (the “Project”); and WHEREAS, the applicant and/or property owner has indicated the purpose of the Project is to remove the reference of the Declaration of Restrictions (recorded on February 16, 1984, Page 533 of Book 5632 of the Official Record of the Kern County Recorder) in Ordinance No. 2902 adopted by the City Council on February 22, 1984; and WHEREAS, the Project is exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant State CEQA Guidelines Section 15061 (b) (3), Exemption from Review; and WHEREAS, the Secretary of the Planning Commission set Thursday, May 4, 2023 at 5:30 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 Planning Commission to consider the proposed Negative Declaration and change to the zone district, and notice of the public hearing was given in the manner provided in Title 17 of the Bakersfield Municipal Code; and WHEREAS, at the public hearing testimony was received both in support and opposition of the Project; and WHEREAS, the facts presented in the staff report, and evidence received both in writing and by verbal testimony at the above referenced public hearing support the following findings: 1. All required public notices have been given. Hearing notices regarding the Project were mailed to property owners within 300 feet of the Project area and published in the Bakersfield Californian, a local newspaper of general circulation, at least 10 days prior to the hearing. 2. The provisions of CEQA, the State CEQA Guidelines, and the City of Bakersfield CEQA Implementation Procedures have been followed. Staff determined that the proposal is exempt under CEQA. Page 2 of 2 3. Public necessity, general welfare, and good planning practices justify the Project. 4. The Project is compatible with the zone districts and development of surrounding properties and is consistent with the Metropolitan Bakersfield General Plan. NOW, THEREFORE, BE IT RESOLVED by the Bakersfield Planning Commission as follows: 1. The above recitals, incorporated herein, are true and correct. 2. Pursuant to State CEQA Guidelines Section 15061 (b)(3), Common Sense Review for Exemption, the Project is exempt from the requirements of CEQA because it will not affect the environment. The Notice of Exemption was properly noticed for public review. 3. The Project is hereby recommended for approval by the City Council, to remove the Declaration of Restrictions, as conditioned in Exhibit A 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. I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Planning Commission of the City of Bakersfield at a regular meeting thereof held on May 4, 2023, on a motion by Commissioner _____and seconded by Commissioner ______, by the following vote. AYES: NOES: ABSENT: APPROVED ______________________________________ DANIEL CATER, CHAIR City of Bakersfield Planning Commission Exhibits (attached): Exhibit A: Conditions Exhibit B: Location Map Exhibit C: Legal Description By: CC/S:\Zone Change\01-Active\2023\23-0014_4215 Letzring Lane\01_Hearing & Noticing Documents\Draft\PC By CC/S:\Zone Change\01_Active\2023\23-0014_4215 Letzring Lane/01_Hearging & Noticing Documents/Drafts/PC EXHIBIT A CONDITIONS OF APPROVAL ZONE CHANGE NO. 23-0014 1. The covenant condition to remove the Declaration of Restrictions (recorded on February 16, 1984, Page 533 of Book 5632 of the Official Records of the Kern County Recorder) is approved to be removed/terminated from its incorporation from Ordinance No. 2902 via recordation of a separate covenant. Applicant is responsible for providing the covenant disclosing the removal of these restrictions from Ordinance No. 2902 to the City Planning Director for review and approval prior to recordation. Applicant is responsible for all recording costs. 2. 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. 2/8/2023