HomeMy WebLinkAboutORD NO 4389
ORDINANCE NO. ~ 8 9
AN ORDINANCE AMENDING SECTION 17.06.020 (ZONE MAP
NO. 123-11) OF TITLE SEVENTEEN OF THE BAKERSFIELD
MUNICIPAL CODE BY CHANGING THE ZONING FROM R-3
(LIMITED MULTI-FAMILY DWELLINGS 1,250 sa
FT/DWELLING UNIT) TO C-O (PROFESSIONAL AND
ADMINISTRATIVE OFFICE) ZONE ON 11,974 sa FT (0.27
ACRES) GENERALLY LOCATED AT THE NORTHWEST
CORNER OF AKERS ROAD AND ARDMORE AVENUE TO
ALLOW A COMMERCIAL DEVELOPMENT (FILE NO. 06-
0620).
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 at the northwest comer of Akers Road and Ardmore Avenue
(Exhibit "B"), and
WHEREAS, by Resolution No.155-06 on August 3, 2006 the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve Zone Change No. 06-0620 as delineated on attached Zoning Map
No. 123-11 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 changes in zoning of the subject
property from R-3 (Limited Multi-Family Dwellings - 1,250 sq ftIdwelling unit) to C-O
(Professional and Administrative Office) zone on 11,974 sq ft (0.27 acres) to allow a commercial
office development and the Council has considered said findings and all appear to be true and
correct; and
WHEREAS, the law and regulations relating to the City of Bakersfield's CEaA
Implementation Procedures, have been duly followed by city staff, Planning Commission and
this Council; and
WHEREAS, this zone change has been found to be exempt from the provisions
of the California Environmental Quality Act (CEQA) according to Section 15061(b)(3). This
project is exempt because it is an infill development that is consistent with the general plan and
zoning regulations, is within an area predominantly developed with urban uses, is not identified
as critical habitat for endangered or threatened species, will not significantly affect traffic, noise,
air or water quality, and will be adequately served by appropriate utilities and public services;
and
WHEREAS, the general plan designation for this area allows OC (Office
Commercial) development; and
WHEREAS, the City Council has considered and hereby makes the following
findings:
1. All required public notices have been given; and
- 1 -
fQr>-Kc~
~ ~
"'
>- ....
t: 0
"
OR\G\NAL
2. The provisions of the California Environmental Quality Act (CEQA) have been
followed.
3. The project is exempt from CEQA per section 15061(b)(3).
4. The public necessity, general welfare and good zoning practice justify the
requested change of zone from the existing zoning district to C-O (Professional
and Administrative Office) zone. .
5. The overall design of the project, as conditioned, is consistent with the goals and
policies of all elements of the general plan.
6. The conditions of approval, attached hereto as Exhibit "A" 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. That the project is exemptfrom CEQA, by Section 15061(b)(3).
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. 123-11
marked Exhibit "C" attached hereto and made a part hereof, and are more specifically described
in attached Exhibit "0 ".
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.
.- A.... 000---
- 2 -
~ <Q~Kc~
o ~
>- m
!:: r-
" C
ORIGINAL
I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by
the Council of Zthe. City of Bakersfield at a regular meeting thereof held on
OCT 2 5 OUb by the following vote:
~
NOES:
ABSTAIN:
ABSENT:
......... ___ ......-- --- --- __ J---
COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
PAMELA A. McCARTHY,
CITY CLERK and Ex Offici lerk of the
Council of the City of Bakersfield
OCT 2 5 2006
HARVEY L. HALL
Mayor of the City of Bakersfiel
APPROVED as to form
VIRGINIA GENNARO
City Attorney
By: ~~ ~
Exhibits:
A. Conditions.
B. Location Map
C. Zone Map 123-11
D. Legal Description
w1awson \ S:\ZoneChange\yr 2006\06-0620\CC\OlC-CC.DOC
10/6/2006
- 3 -
~ <Q~/(c~
<:> ~
>- -
I- m
_ r-
'" 0
ORIGINAL
EXHIBIT A
CONDITIONS OF APPROVAL
ZONE CHANGE 06-0620
PUBLIC WORKS DEPARTMENT
1 Along with the submittal of any development plan, prior to approval of improvement plans, or
application for a lot line adjustment, the following shall occur:
a. Construct handicapped ramp per Caltrans standards, if one is not existing.
CITY ATTORNEY
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 ("Applicanr 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.
By wlawson /
S:\ZoneChangelyr 2006\06-0620\CClExh A. doc
!< ~,.,/(C~
<:> ~
>- -
t- m
- ,...
'" (:J
ORIGINAL
i!
i9 ~l
i ;:~i
; ::A5l
Z ~0 ... ~
;e
0
L
3 J.S .uuN30
~ *
~ ; ~
3
I I
*
0
N
CO ~
0
I ~ r
CO II *
:E
0 c
0
Wl ~,
. C!) .... i *
ZfD :i
<j
:::I::e HO ONIWW NW
()~ 3
W 3 ~ i
Z
0 I
N ~
; a::
Q
; i
~
z *
!
3
:.- :'\. ;
3
I - I .. " f I
- =: .. ~ a-
I: -. - ' ..I ..,
-I 9 Of I~, :i; I I
... ~ 9 ·
-~ ~d' ~I~
_N liltll : I 9
1 a: ~ .. I i
r<> ~I ~I ~ ! I i ~ i I u! .:l', I
ad ."
C\J ;t S I" ..;t ~ I ' ... I i siiS I
9a..fIl I I r! I ~ ~ I.. i Ii n II II J I II II I! .. iria if-. I
.. - - 1- .';,.. ... ."1" I ~ = I;, .Hi
lIJ<(o II III ir..UliliU~ 141 i1 II ~3 if il
- ", Iii it=::~:l!If!il..i!i 11~1 }'hi!I~1 r ~}
~:EI-" Iv .. "',t,l,"; ....I:tJ....z I~II =r..~ t I .
l&l . I ! ~ i 9! ! ~ '1 i! :! ! ! ~ "'1 ~..., i I !! ~ I.. ~ ti .. ! ! ~ ! I .;ji ;1 ~!!..
lC .... z f~"1 1;
iae> u... ;.'1&&10 Dot,,& 0 ..0 I =!I~ls."''''il';'' ... I
.. f<i b i~~. t
.. .. .. III11 !iH Hi1 tllilg !i!illiill j II.. ~gii -.t'. . \' ~.
~~ nA~~ . """I
Z= ffi I . r~ " f \J!
>-0 . ..:. :.; Ih I~.. &
" I' . - .. cj 0 a.... Hiil' f
5N~ ....1 I' "''''.. "._fIII .. . :t . ~ i ~ ~ u :- ~. ~ & . . &. .. i. ;.
-' '. .... .... . . ~.........&..II...... ot.t~...1 II! , ·
I
a
ZONE CHANGE 06-0620
,,. C" _ ..,
+
0
z
i
~
CD
c
is
..
~
:m
~
~
.
I
I
I
I
I
I
I
I
N '" I
K c;
I
I
I
I
I
N
c>
, -
ik c.
a_
.
N
U
I
t
I
'",
:ck
I
I I
'''--r--'
,
I
I
I
I
I
I
I
I
I
.
~
;:
I
: . '. ~~.... I
or W
III
I
I
----; I G
I ., d
I · II:
L_______
I
~
..
~
(II.CII _ ....
lis! III
H IIItI
~nllll
JUlin
~Rillliil
III
u I~~
+ ~
>-
t:
(.)
ZONING MAP 123-1
Exhibits "0" Legal Description
PROPOSED ZONE CHANGE
LEGAL DESCRIPTION
PROPOSED C-o (EXISTING R-3l
BEING LOT 3 OF TRACT NO. 4341. FILED FOR RECORD IN MAP BOOK 30 AT PAGES 193
AND 194, IN THE OFFICE OF THE KERN COUNTY RECORDER. ALSO BEING THAT
PORTION OF SECTION 11. TOWNSHIP 30 SOUTH. RANGE 27 EAST. M.D.M., CITY OF
BAKERSFIELD. COUNTY OF KERN. STATE OF CALIFORNIA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS: .
COMMENCING AT THE CENTERLINE INTERSECTION OF AROMORE AVENUE AND AKERS
ROAD, MARKED BY A CONCRETE MONUMENT WITH A BRASS CAP STAMPED "RCE 17564.
IN A LAMPHOLE PER SAID TRACT; THENCE SOUTH 89039'417' WEST. ALONG THE
CENTERLINE OF ARDMORE AVENUE, A OISTANCE OF 145.50 FEET; THENCE DEPARTING
SAID CENTERLINE, NORTH 00020'20" WEST, A DISTANCE OF 3O~00 FEET TO THE POINT OF
BEGINNING, SAIO POINT ALSO BEING THE SOUTHWEST CORNER OF LOT 3 OF SAID
TRACT AND A POINT ON THE NORTH RIGHT-OF-WAY LINE OF ARDMORE AVf:NUE;
THENCE ALONG THE FOLLOWING FIVE (5) COURSES:
1) DEPARTING SAID NORTH RIGHT-OF-WAY LINE. CONTINUING NORTH 00"20'20"
WEST, ALONG THE WEST LINE OF SAID 'LOT 3, A DISTANCE OF 120.00 FEET TO THE
NORTHWEST CORNER OF SAID LOT 3; THENCE
2) NORTH 89039'417' EAST. ALONG THE NORTH LINE OF SAID LOT 3. A DISTANCE OF
100.50 FEET TO THE WEST RIGHT-OF-WAY LINE OF AKERS ROAD, SAID POINT
BEING 45.00 FEET WEST, AS MEASURED AT RIGHT ANGLES TO THE CENTERLINE
OF AKERS ROAD; THENCE
3) soUTH 0ll"2O'2O" EAST. ALONG SAID WEST RIGHT-OF-WAY LINE. A DISTANCE OF
100.00 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHWESTERLY,
HAVING A RADIUS OF 20.00 FEET; THENCE . , .
4) SOUTHWESTERLY ALONG SAID CURVE AND SAID WEST RIGHT-OF-WAY LINE,
THROUGH A CENTRAL ANGLE OF gooOO'OO", AN ARC OISTANCE OF 31.42 FEET TO
THE NORTH RIGHT-OF-WAY LINE OF AROMORE AVENUE, SAID POINT BEING 30.00
NORTH, AS MEASURED AT RIGHT ANGLES TO THE CENTERLINE OF ARDMORE
AVENUE: THENCE . .
5) SOUTH 89039'417' WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE. A DISTANCE OF
80.50 FEET TO THE POINT OF BEGINNING.
CONTAINING 11.974 SQUARE FEET, MORE OR LESS.
A.'? · O~
MciNTOSH & ASS~~I(~.s>~
2001 Wheelan CIrt - . ~
Bakersfield, CA ~ b
(661) 834-4814 ORIGINAL
P:\PROJECTS\05087\LEGAL8'05087ZC01.doC GC 4112106
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
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 26th day of October, 2006 she posted on the Bulletin Board at City Hall,
a full, true and correct copy of the following: Ordinance No. 4389 passed by the
Bakersfield City Council at a meeting held on the 25th day of October, 2006 and
entitled:
AN ORDINANCE AMENDING SECTION 17.06.020 (ZONE MAP NO.
123-11) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL
CODE BY CHANGING THE ZONING FROM R-3 (LIMITED
MULTI-FAMILY DWELLINGS - 1,250 SO FT/DWELLlNG UNIT)
TO C-O (PROFESSIONAL AND ADMINISTRATIVE OFFICE) ZONE
ON 11,974 SO FT (0.27 ACRES) GENERALLY LOCATED
AT THE NORTHWEST CORNER OF AKERS ROAD AND ARDMORE
AVENUE TO ALLOW A COMMERCIAL DEVELOPMENT (FILE NO.
06-0620).
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
.
BY:~ =t::.... t
DEPU . Clerk
S:\DOCUMENT\FORMSIAOP .ORD.wpd
~ 'Of>../(c-9
o %
.l>- -
I-- m
- ,...
(.) (:)
ORIGINAL