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Home My WebLink AboutORD NO 4235ORDINANCE NO. ~'~ '~ 5 AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MaP NO. 103-21 ) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM P (PARKING) ZONE TO C-2 (REGIONAL COMMERCIAL) ZONE ON 7.7 ACRES GENERALLY LOCATED ON THE SOUTH SIDE OF COLUMBUS STREET, AND EAST OF HALEY STREET (FILE NO. 04-1473). WHEREAS, in accordance with the procedure set forth in the provisions of Title 17 of the Municipal Code of the City of Bakersfield, the Planning Commission held a public hearing on a petition to change the land use zoning of those certain properties in the City of Bakersfield generally located on the south side of Columbus Street, and on the east side of Haley Street, as shown on attached Exhibit "B;" and WHEREAS, by Resolution No. 5-05 on January 6, 2005 the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 04-1473 as delineated on attached Zoning Map No. 103-21 marked Exhibit "C", by this Council and this Council has fully considered the recommendations made by the Planning Commission as set forth in that Resolution; and WHEREAS, the Planning Commission, as a result of said hearing, did make several general and specific findings of fact which warranted a negative declaration of environmental impact and changes in zoning of the subject property from P (Parking) zone to a C-2 (Regional Commercial) zone and the Council has considered said findings and all appear to be true and correct; and WHEREAS, the law and regulations relating to the preparation and adoption of Negative Declarations, as set forth in CEQA and City of Bakersfield's CEQA Implementation Procedures, have been duly followed by city staff, Planning Commission and this Council; and WHEREAS, a Negative Declaration was advertised and posted on December 16, 2004, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows commercial development; and WHEREAS, the City Council has considered and hereby makes the following findings: 1. All required public notices have been given The provisions of the California Environmental Quality Act (CEQA) have been followed. ~;~,~ The public necessity, general welfare and good zoning practice justify the requested change of zone from the existing P (Parking) zoning district to a C-2 (Regional Commercial) zone. The overall design of the project, as conditioned, is consistent with the goals and policies of all elements of the general plan. The conditions of approval, attached hereto as Exhibit "1" are needed to provide for orderly development, and the public health, welfare and safety; and SECTION 1. 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. The Negative Declaration is hereby approved and adopted. 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 that certain property in said City, the boundaries of which property is shown on Zoning Map. No. 103-21 marked Exhibit "C" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "D ". 4. Such zone change is hereby made subject to the conditions of approval listed in attached Exhibit "A". SECTION 2. This ordinance shall be posted in accordance with the Bakersfield Municipal Code and shall become effective not less than thirty (30) days from and after the date of its passage. -2- I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by,th~ouncil of the City of Bakersfield at a regular meeting thereof held on ~ ~ ~'""-' by the following vote: AYES: COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER ~,~-,o~-~., ~ PAMELAA. McCART~,CMC v/ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED MAR 9 2005 APPROVED as to form VIRGINIA GENNARO City Attorney Exhibits: A. Conditions. B. Location Map. C. Zone Map D. Legal Description Jeng ~ S:~ZoneChange~O4-1473~CC~OZC-CC. DOC February 14, 2005 -3- EXHIBIT "A" CONDITIONS OF APPROVAL ZONE CHANGE 04-1473 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 or 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. If during construction activities or ground disturbance, cultural resources are uncovered, the subdivider shall stop work and retain a qualified archeologist for further study. Subdivider shall notify the proper authorities and be subject to any mitigation measures required of the archeologist. Outdoor speakers shall not be located on the north side of any buildings adjacent Columbus Street and west side of buildings along Haley Street. Speakers shall be directed away from residential homes. With the first development west of the main entrance off Columbus Street, all frontage landscaping along Columbus and Haley (west of the main entrance) shall be installed at a width of 10 feet behind property line. With the first development, east of the main entrance off of Columbus Street, all frontage landscaping from said entrance to the east project boundary along Columbus shall be installed between the existing retaining wall and the sidewalk. In addition, at least 50% of the trees within the entire landscape strip frontage shall be a minimum 24-inch box size. Note: Parking lot landscaping shall comply with ordinance requirements and may be completed on a parcel by parcel basis. By Jeng/ S:~ZoneChange~O4-1473tCC~ExhA.doc December 17, 2004 R-2 HALEY ST I SUNNY LN IS H,/.flOI~U.BVG .-', CORNELL ST mA r "-" ~ [ ARNO~.DlST ] [ ~'~ BAYLOR ST z I "-~ Iii m "'" ILL OCCIDENTAL ST m ST MARYS ST InAHI'~ RT MOUNT VERNON AVE ,~ EXHIBIT "C" Zone Change 04-'1473 EXHIBIT "D" ZONE CHANGE NO. 04-1473 LEGAL DESCRIPTION All of the area changed to a "P" (Automobile Parking) Zone in City of Bakersfield Ordinance No. 1780 New Sones, which was described, in said Ordinance, as t~fllows: The north 325 feet of the south 605 feet of the cast 477 feet and thc west 140 t'cet of the east 617 feet of the north 200 l~:ct of the south 480 feet of Lot 4 and thc west 478 feet of the north 325 feet of the south 605 feet of Lot 3, Drury's Addition to Kern City, filed in the Kern County Rccorder's O~fice on March 18. 1907. Quad Knopf- 9/9/04 l.:\Projcctsk2004\04590\DOCS\04590 Exhibit A.doc AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) County of Kern ) PAMELA A. McCARTHY, 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 10th day of March , 2005 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4235 , passed by the Bakersfield City Council at a meeting held on the 9th day of March, 2005 and entitled: AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO. 103-21) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM P (PARKING) ZONE TO C-2 (REGIONAL COMMERCIAL) ZONE ON 7.7 ACRES GENERALLY LOCATED ON THE SOUTH SIDE OF COLUMBUS STREET, AND EAST OF HALEY STREET (FILE NO. 04-1473). PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield DEPUTY CityiJClerk S:\DOCUMEN~FORMS~AOP.ORD.wpd