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
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CITY01TTORt6of the ffl§ of Bakersfield
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Zone Change
M-1-D to A,
#4043
R-l,R-3, C-0, C-1 & C-2
Atlantic Richfield Company
Affthautt nf Justing @rbtnmuts --
STATE OF CALIFORNIA, t
County of Kern ) ss.
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
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I ~:}ti~[_/ IURN f:Ol/NTY I!
" " --MyComm:ss:on Exp.res Nov. 6, 1987 I
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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
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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.
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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:
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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
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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.
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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