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Home My WebLink AboutORD NO 4478 ORDINANCE NO. 4478 AN ORDINANCE AMENDING SECTION 17.06.020 (ZONING MAP 103-31) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE TO CHANGE THE ZONING FROM R-3 (MULTIPLE-FAMILY DWELLING - 1,250 SQ FT/DWELLlNG UNIT) TO C-2 (REGIONAL COMMERCIAL) ON 4,600 SQUARE FEET, GENERALLY LOCATED ON THE EAST SIDE OF CHESTER AVENUE SOUTH OF 2ND STREET (ZC 07-1114). WHEREAS, in accordance with the procedures 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 east side of Chester Avenue south of 2nd Street; and WHEREAS, by Resolution No. 136-07 on August 2, 2007, the Planning Commission recommended approval of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 07-1114 as delineated on attached Zoning Map 103-31 marked Exhibit "A", more thoroughly described in attached Exhibit "B", by this Council and this Council has fully considered the recommendations made by the Planning Commission as set forth in that Resolution and restated herein; and WHEREAS, the general plan designation for this area allows for General Commercial residential development; and WHEREAS, the City Council conducted a public hearing on November 7,2007 to consider the Planning Commission Resolution 136-07; and WHEREAS, the City Council makes the following findings: 1. All required public notices have been given. 2. The provisions of the California Environmental Quality Act (CEQA) have been followed. 3. The public necessity, general welfare and good zoning practice justify the requested change of zone from the existing zoning district to C-2 (Regional Commercial) zone. 4. The project, as conditioned, is consistent with the goals and policies of all elements of the general plan. 5. The conditions of approval are necessary for orderly development or to provide for the public health, welfare and safety. / '0 f\ ,:,~ 1::<) if ,~ 0'" (~{'. 1 rTl - f'- , \ t..-; ()P!(~\;,,~t~_L SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: 1. That the above recitals, incorporated herein, are true and correct. 2. That the project is exempt from CEQA in accordance with Section 15061(b)(3), General Rule. 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 103-31 marked Exhibit "A" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "B ". 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. ---------()o()--------- 2 <, 'O^I\(:~,) 0' ,~, f.::: " r ~- C) () OP1GI~!r L I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on NOY 2 8 2007 by the following vote: (~ ABSTAIN: ABSENT: vi' ./ ./ j / v" COUNCILMEMBER-eEM::leH, CARSON, BENHAM, W t-I R.. ,HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER ~ COUNCILMEMBER ~ COUNCILMEMBER c..ou.c..L PA~C~ r CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED NOY 2 8 2007 HARVEY L HALL Mayor of the City of Bakersfi APPROVED as to form VIRGINIA GENNARO City Attorney By: ~Jl1' ~ Exhibit A - Zoning Map 103-31 B - Zone Change Legal Description C - Conditions of Approval D - Locaton Map S:\ZoneChange\yr 2007\07-1114\CC ZC Ordinance.doc 3 , 'O/I~ 1:'0 O\~~ ~ i' c) 'J OPiC,,!i.1 ~ , -10/ I'f)lD N . . rt')Ct' o B E- - ." ir 9~ = ~ ~ 9 '. . If IIII ! I 5 ,IIi ~ ~ I I; I J Iw/! rzrtl_I-ISWh nl =r ~~15~2~i..E"'! !lEI! I!l2J ..2 111_!I~hl:l: U~ IiI! it i ~J a2=t=~=.f!UN~!i;j wlel &~i~'lti... INell' 2w~lwl 'i~5i~~j8~1l"1 !l"!~ j~n!I':l!N h~.H!Q~s~i,ihen.. ,H;; ~ I! ! II! i ~1 H i1 ~! I ~ Ii! ~ I i I.! ~ I t I I! I INi I lizi !..~I fU;!N r NOlI .. H...~ ~ ii dol':! D ,B ...i, .......a~ I EXHIBIT A I 5 a I ~ ' 4 e- ar... .a . II.;' a~~ :/"J II .. I;, . I!I ;ij J!aa iN t:!: 8=1 ildil I~ l~ I~d leA!~ "'At 1~!lGlI ,iWI i!~1 Il:~~. 101 .t 9 a.. .. ~<tcn ... N ~~l-' LoJ' ~ ~C) ...Z OZ;;; >0 ' !::N~ Co) Ul Ii I~ I .'" I ~;ii cr is I ! .. (l)1:~;~ w J I,. , -' :;: .. s SOl 7~ I~ : o_..v~_... I l ... trr :t~t , I .:i,,~uu~..B.c:...31 l:t~.=1 ZONE CHANGE 07-1114 -....-to/.-_ ~- + N Q ::: .~ iJl Ii: ItJI I~! ~J ~II-~YJ~ r:;:] mJ [TI] r:::m lm:J I ~ IE [IT] IT!] [ill] ~!i~i~b: i!i ~j I ; :f.-I r.V~ll. ~~ EJ~ [E] ~ III8J I Ii: [J [J liJ !I!!II ~~,lfilgggO~.I.r ..L?J~ em mJ rEJ E . ~ ~~ ~O 0, b[IJ..[E]l![ffil!CEJl![E]itnJt;[E]5C!:I1i~8~B' i I a ~1E=IT!JQ[tlJ"[Ii:rl]TIli(E]EmJE[ffili ':I ':t S':I '1" ~ '1" I ~ E l1J1lJl . * *~1Ie U ul-_ r;l (8] [B] I"-~~I [EJ IBJ (E] [EJ [!!J _l.w..l_~~ tJ~ lEI [!:D [TIJ em (II] [IT] [E] [E] [!D N -- lIUIJlt~ ~!m [ill [TI] [BJ [EJ [IT] IE] [IT] __"\.z-:__ L--~~-__J I ~ .---l ~. J' ./ ~6a [!i] ern m [W G:!J IS]] ern s:-w L H.~ J t-- ~! Ii! . dlltll1 Om! [!TI ~ s:.~~ [ill [ii]..[illl![E]l!~ ___J:~-- ~_ _s:.:~__lll___!:!I~_~ 11Ir;T;l + EJIEJ rm 0-:1. [IT] [E]"~.[ill"~ o-,..e 0-:) ]N[ 0-, ]-~ + !I '" . al .. =.., : ;'h l~ .), ~ .1 . -.., . *" - ZONING MAP 103-31 I '. . 1lI ., . I I I I i I G .. ~ .. i i~ II Hi Ii II n II II! III ~ ~C'I Its IS.! Is I" a lUlU fUiiii :IUIII _.UIU .'.,\ I, C'~ (}F'!!'!' EXHIBIT "B" ZONE CHANGE No. 07-1114 LEGAL DESCRIPTION FROM R-3 (Limited Multiple-Family Dwelling) TO A C-2 (Regional Commercial) BEING A PORTION OF THE NORTHWEST QUARTER OF VILLA BLOCK "R" OF THE LOWELL ADDmON PER MAP RECORDED NOVEMBER 25, '1898 IN BOOK 1 OF MAPS, AT PAGE 13 IN THE OFFICE OF THE KERN COUNTY RECORDER. ALSO BEING A PORTION OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 31, TOWNSHIP 29 SOUTH, RANGE 28 EAST, MOUNT DIABLO MERIDIAN, IN THE CITY OF BAKERSFIELD, COUNlY OF KERN, STATE OF CAUFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERUNE INTERSECTION OF CHESTER AVENUE AND 2ND STREET AS SHOWN UPON SAID LOWELL ADDmON MAP. SAID POINT BEING ON THE WEST UNE OF SAID SECTION 31; THENCE SOUTH 00000'00" WEST ALONG THE CENTERUNE OF SAID CHESTER AVENUE AND SAID WEST SECTION. UNE, A DISTANCE OF 196.50 FEET; THENCE SOUTH 90000'00" EAST, A DISTANCE OF 195.375 FEET TO THE POINT OF BEGINNING; THENCE (1) CONTINUING SOUTH 90000'00" EAST, A DISTANCE OF 36.825 FEET; THENCE (2) SOUTH 00000'00" EAST, A DISTANCE OF 100.00 FEET; THENCE (3) NORTH 90000'00" WEST, A DISTANCE OF 36.825 FEET; THENCE (4) NORTH 00000'00" WEST, A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING. CONTAINS 3,682.50 Square Feet more or less. ( ,',: l: ' :1 . r #;67 <', '0 ^ \:.< r::.3' p :::.... t- c) c)r;:: ,I EXHIBIT "C" CONDITIONS OF APPROVAL ZONE CHANGE N(). 07-1114 CITY ATTORNEY 1. 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, Plannina Deoartment 2. Because parking and/or access is being shared with adjacent properties, the developer shall file with the Planning Division prior to recordation of Lot Line Adjustment 07-1113 a copy of a recorded map, C. C. and R.'s, or other instrument that ensures that drive aisles, parking, and access is legally shared in common with adjoining properties as depicted on the site plan for the life of the project. Orderly Development Prepared by RWP \ December 22,2006 \ S:\Zonechange\Yr 2007\07-1114\Exh1 Doc '_ <,:.,I\!\.:, (~"' (' Page 1 of.~ I- t' , ('\ f";~ (' II Ql EXHIBIT "D" OU- 0 C'l 0 W It) 2i ~ co l!J '" '" '? .....~ ~I ~ Z :::4~ ~~ ('I) - 0 C/) ... 0) g N N :5 I-- 0 .iSl '? ~ ~ ~ ~ ~ I "- I- .is >t (J) 0 I- (J) .... W ~ (!) ~ ~ 3 Z I- (J) <C 0 z I N 0 3 ~~ 3 () <1(.) a:: W Z 0 3^'v' ~3.iS3H:> N '1' () 3 ci cj 0.: ~ ~ ~ .is 3A3 '? ~ '? ~ I- (J) ~ S s s <:),1\ !< <, v 0' .::..- f- j",1 , - C" !j ,~-. ".':'. I"' ~ ~" 1 ! 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 29th day of NOVEMBER, 2007 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No, 4478 , passed by the Bakersfield City Council at a meeting held on the 28th day of November.2007 and entitled: AN ORDINANCE AMENDING SECTION 17,06,020 (ZONING MAP NO. 103-31) OF TITLE 17 OF THE MUNICIPAL CODE TO CHANGE THE ZONING FROM R-3 (MULTIPLE FAMILY DWELLING - 1,250 SQ FT/ DWELLING UNIT) TO C-2 (REGIONAL COMMERCIAL) ON 4,600 SQUARE FEET GENERALLY LOCATED ON THE EAST SIDE OF CHESTER AVENUE, SOUTH OF 2ND STREET. (ZC 07-1114) PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield By:~MUJ~~ DEPUTY City Clerk S:\DOCUMENT\FORMS\AOP.ORD.wpd 11/30/2007 'Or\t(~?> ~ dl , "(I >. m ,.... r- -.:> <:> V)!GINAI ORDINANCE NO. 4478 r-"--'--'.--.'-'-""': ~, POSTED ON I " I I . : ! -- !II '2-'1)01 -I [y City Cle rklS. 0 ffic Je. :., City of ! Bakersfielci : I bL~__~-=~=J AN ORDINANCE AMENDING SECTION 17.06.020 (ZONING MAP 103-31) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE TO CHANGE THE ZONING FROM R-3 (MULTIPLE-FAMILY DWELLING - 1,250 SQ FT/DWELLlNG UNIT) TO C-2 (REGIONAL COMMERCIAL) ON 4,600 SQUARE FEET, GENERALLY LOCATED ON THE EAST SIDE OF CHESTER AVENUE SOUTH OF 2ND STREET (ZC 07-1114). WHEREAS, in accordance with the procedures set forth in the provisions of Title 17 of the Municipal Code ()f 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 east side of Chester Avenue s()uth of 2nd Street; and WHEREAS, by Resolution No. 136-07 on August 2, 2007, the Planning Commissi()n recommended approval of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 07-1114 as delineated on attached Zoning Map 103-31 marked Exhibit "An, more thoroughly described in attached Exhibit "B", by this Council and this C()uncil has fully c()nsidered the recommendations made by the Planning Commissi()n as set forth in that Resolution and restated herein; and WHEREAS, the general plan designation f()r this area all()ws for General Commercial residential development; and WHEREAS, the City Council conducted a public hearing on November 7,2007 to consider the Planning Commission Resolution 136-07; and WHEREAS, the City Council makes the following findings: 1. All required public notices have been given. 2. The pre>visions of the California Environmental Quality Act (CEQA) have been followed. 3. The public necessity, general welfare and good zoning practice justify the requested change of zone from the existing zoning district to C-2 (Regi()nal Commercial) zone. 4. The project, as conditioned, is consistent with the goals and pe>licies of all elements of the general plan. 5. The conditions of approval are necessary for orderly devel()pment or t() provide for the publiC health, welfare and safety. 1 . "'6f'..I{,S .' ~ ~, .0 '.~ '~'h,,::;!g ORIGINAl