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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