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Home My WebLink AboutORD NO 4493 ORDINANCE NO. AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO. 102-07 and 102-18) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM C-1 (NEIGHBORHOOD COMMERCIAL) TO C-2/ PCD (REGIONAL COMMERCIAU PLANNED COMMERCIAL DEVELOPMENT) ZONE ON 23.93 ACRES TO ALLOW A COMMERCIAL SHOPPING CENTER GENERALLY LOCATED AT THE SOUTHWEST CORNER OF OLIVE DRIVE AND CALLOWAY DRIVE (FILE NO. 07-1651). 4493 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 locate at the southwest corner of Olive and Calloway Drives, as shown on Exhibit "2"; WHEREAS, by Resolution No.04-08 on January 3,2008, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve a C-2/ PCD (Regional Commercial/Planned Commercial Development) zone as delineated on attached Zoning Map No. 102-07 and102-18 marked Exhibit "3", 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 a C-1 (Neighborhood Commercial) to a C-2/ PCD (Regional Commercial/Planned Commercial Development) 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, for the above described project, an initial study was conducted and it was determined that the proposed project would not have a significant effect on the environment and a Negative Declaration was prepared and approved by the Development Service Director on May 15, 2007, in conjunction with Project No. Site Plan Review # 06-1287 (related to SPR 08-0030) and in accordance with CEQA; and WHEREAS, said Negative Declaration is applicable to and appropriate for this project; and WHEREAS, there have been no substantial changes to the project or circumstances under which it will be undertaken; and WHEREAS, no new environmental impacts have been identified; and WHEREAS, the general plan designation for this area allows commercial development; and 1 <QM$'1> cJ ~ >-- - ~ rn _ r- o tJ ORIGINAL WHEREAS, the City Council has considered and hereby 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/PCD (Regional Commercial/Planned Commercial Development) zone. 4. The overall design of the project, as conditioned, is consistent with the goals and policies of all elements of the general plan. 5. The conditions of approval, attached hereto as Exhibit "1" are needed to provide for orderly development, and the public health, welfare and safety; and 6. Pursuant to BMC Section 17.54.070 for PCD find that: A. The proposed planned commercial development zone and preliminary development plan is consistent with the General Plan and objectives of this ordinance. B. The proposed development will constitute a commercial environment of sustained desirability and stability, and it will compliment and harmonize with the character of the surrounding neighborhood and community. C. The proposed development justifies exceptions from the normal application of this code in that it integrates such elements as the location of structures, circulation pattern, parking, landscaping and utilities, together with a program for provision, operation and maintenance of all areas, improvements, facilities and services provided on the property. 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 approved in relation to Site Plan Review # 06- 1287 and 08-0030 is appropriate and adequate for this project. 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. 102-07 and102-18 marked Exhibit "3" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "4 ". 2 <QM$'1> cJ ~ ::.. - ~ rn _ r- o tJ ORIGINAL 4. Such zone change is hereby made subject to the conditions of approval listed in attached Exhibit "1." 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. ..---....()(J()------.-- 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 MAR 1 2 2008 by the following vote: / ./ ../ ./ ./ /' CA~AM, WEIR, COUtH, HANSON, SULLIVAN, SCRIVNER ~~ ~ ~ ABSTAIN: ABSENT: COUNCILMEMBER: COUNCILMEMBER: COUNCILMEMBER: COUNCILMEMBER: APPROVED APPROVED as to form VIRGINIA GENNARO City Attorney By:~/th ~ Exhibits: 1. Conditions. 2. Location Map. 3. Zone Map 4. Legal Description Jeng \ S:\ZoneChange\yr 2007\07-1651\CC\OlC-CC.DOC February 15, 2008 3 <<. <QM('1> () ~" >-- - ~ rn - r- o CJ ORIGINAL EXHIBIT "1" CONDITIONS OF APPROVAL ZONE CHANGE #07-1651 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. PLANNING 2. Prior to the issuance of building permits, the applicant shall submit for Preliminary Development Plan Review by the Planning Commission, detailed site plan, landscaping plan, elevations, parking modules with pedestrian paths showing substantial compliance with Section 17.08.140, design standards for large retail developments, and plans shall demonstrate how the shopping center complies with parking layout design including pedestrian pathways, landscaping (tree shading coverage) and other minimum requirements of the City's Zoning Ordinance. By jeng / S:\ZoneChangelyr 2oo7\07-1651\CC\ZC-Exh con.doc February 15, 2008 X <QAK(,? () \.'''1 ;,... ." f- <..:) ORlc;/N^L ~ LO (0 ~ I I"- a ..w .. In r-\J t:Z me:( ~:c .() w Z o N -:30 ~l ... ~ LU ~3 --:2 ~ a::::!. CJi:: ~ ~ ~ o ~ ,... ..- <( 'I . ll~; . ia'. jl , :~ l..a IS" .I~ ' ifii . I~.. Ia~~ .;J!! . ,,~ :II i5a~~ ,- -at!1 ~ ili 0: Ii . . 1'-..; O~ I cr: (\J o I ~ - ie 2 : I 9; ~ EXHIBIT "3" 'i II .. ~ b 10; _I fi I .. 5 ~ li.I." .,r: i-- Ii =~ 3 ! i ! ~ ; i Illi~~i~~!liiill~ II! ~I 11..1!! IIIN!I=IJ~lil~ll;i .-'Ii it II!U: U ~~~;;:i:~;iU!~!i ~!~i l!Ii5:A..:i 5~t!t~t~ CINSI~} 2..~Z !~ia~=!~.. i ~ 13!;i!:i ~R .$l"g ~!! 8 ~; "'I" i In!i; IN!!!! c!..e: I ~ i ""i:i;';: NIIf.O"'U VIII -....... ..tuu c ~ I' ~AZ'cS~a':E....:.=eRUe ~ ~~~OZ=l:!=""EI""" :IIB....._~_;:=zll...IU!...e: .UUAUE~-IC'I ......... d;UU~B!~1~h! 5~Hhu~hlhL~aU I!l/ ~ c ' ?~ ~~ 0 IS li...... ,,~'" ""':-':' ':' ~ ::i~'?r~~tJr'';'I ':' ... c......z lit' .... ceca: IE IE a:cu.uuu-.::I::rBI..c..aiotc!....... ~5 , .~ It "rl ~~ !II lei l!$a b- ;a ~r ' !I;i .' i I ! Ii. 9Q.. . w<C'" _ en ~ N &!:E..,: w :ll: :aC) Z ~Z-... . 0 >0. 5N~ ~ II Iv II. . . -- f I"'.. ::;68 !:! ::ri~ a2Xl' o I 'I~ ~II a ZONE CHANGE 07-1651 <<J-lOI _ NS ~ II/:) - ',ly1KJ _-J . . .. z I Ii. :. I I --' is :J iE IE T a: J * . ~ . ( - f ~ -" -.;.:.-"., '''-''-.. .-" - - '-~-=--... r------- I . I a I . ~~ I (\;i : u I H .~ ZONING MAP 102 -07 ill i!! ; J1 ~ I h o~ I-U D: ~- u~ U i l! ~ I H! ~ .._S n" Ii I!l~. sU ill ~i!11 ~!l!I~r' ~ilbhi UUJlii '" i~IIUII P!I!LI E:1> cJ ~ I r; '::= I U CJ ORIGINAL EXHIBIT "3" . . -= c~~c~n . --i~ii-; .--.-.-----! -.- -.- - _-c-' :. -": i- - ~. 11'1 III III I I.! .. - :s-- ."l--JI,hIJi~l!i II II 1111111 -- -, 4i!- --I, ,', --Jllitll :I!~ 111111'--111 1111,' I I:E~ III I ; li~tl~i~1 I ' 1IIIltll nit .:~ :di IIl1l1hlGllllhllhllllthd di:iilf~,. z~ I1II ~Q~t&lI' ..:! u-- .. ~ =I._."~-t' I" tt' ~ 'i Eh..... ..I ... ...... .. . c ...............:..1 .'=tt.~I, , i , . * I il t . . . In I I I . I I , is III ' I I . 1111 . i , * I ilil - ----T--- lla -tl" ,- . .___n. --- --_. i d! i I i I'll . Illllial i i * IlIiD ... U . au + --.., '. , ZONING MAP 102 -. ZONE CHANGI; 07~'1651 II.. _ .., c . .So ...Do: o~ CJ + EXHIBIT "4" PROPOSED ZONE CHANGE LEGAL DESCRIPTION BEING ALL OF PARCEL "C" OF PARCEL MAP NO. 9702, FILED FOR RECORD JANUARY 28, 1992, IN BOOK 43 OF PARCEL MAPS, PAGE 106, IN THE OFFICE OF THE KERN COUNTY RECORDER. ALSO BEING A PORTION OF THE SOUTHEAST QUARTER OF SECTION 7 AND THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 29 SOUTH, RANGE 27 EAST, M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PROPOSED 0-2 POD (FROM 0-1) BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 18, SAID POINT ALSO BEING ON THE CENTERLINE OF CALLOWAY DRIVE; THENCE ALONG THE FOLLOWING NINE (9) COURSES: 1) SOUTH 00034'42" WEST, ALONG THE EAST LINE OF SAID SECTION AND SAID CENTERLINE, A DISTANCE OF 990.02 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL;THENCE 2) DEPARTING SAID CENTERLINE, NORTH 89054'5r WEST, ALONG THE SOUTH LINE OF SAID PARCEL, A DISTANCE OF 924.03 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL; THENCE 3) NORTH 00005'03" EAST, ALONG THE WESTERLY tiNE OF SAID PARCEL, A DISTANCE OF 792.03 FEET TO THE BEGINNING OF A CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 330.00 FEET; THENCE 4) NORTHERLY ALONG SAID CURVE AND ALONG SAID WESTERLY LINE, THROUGH A CENTRAL ANGLE OF 26013'28", AN ARC DISTANCE OF 151.04 FEET; THENCE 5) CONTINUING ALONG SAID WESTERLY LINE, NORTH 26018'31" EAST, A DISTANCE OF 57.96 FEET TO A POINT ON THE NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 18; THENCE 6) DEPARTING SAID NORTH LINE, NORTH 26018'18" EAST, A DISTANCE OF 289.41 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 1,500.00 FEET, FROM WHICH POINT A RADIAL LINE BEARS NORTH 26018'30" EAST, SAID POINT ALSO BEING THE NORTHWEST CORNER OF SAID PARCEL .C" AND BEING A POINT ON THE CENTERLINE OF OLIVE DRIVE; THENCE 7) EASTERLY ALONG SAID CURVE, ALONG THE NORTH LINE OF SAID PARCEL AND THE CENTERLINE OF OLIVE DRIVE, THROUGH A CENTRAL ANGLE OF 21046'51", AN ARC DISTANCE OF 570.22 FEET; THENCE 8) CONTINUING ALONG SAID NORTH LINE AND SAID CENTERLINE, SOUTH 85028'21" EAST, A DISTANCE OF 200.00 FEET TO THE CENTERLINE INTERSECTION OF OLIVE DRIVE AND CALLOWAY DRIVE, SAID POINT ALSO BEING ON THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 7; THENCE 9) r:-, r- CONTAINING 23.93 ACRES, MORE OR LESS. P:'PROJECTS\06022\LEGALS\Zone - Land Use\Revised 06022ZC01.DOC EBT/JLM 1113012007 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 13th day of MARCH, 2008 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4493 ,passed by the Bakersfield City Council at a meeting held on the 12th day of MARCH, 2008 and entitled: AN ORDINANCE AMENDING TITLE 17 (ZONE MAP NO 102-07 AND 102-18) OF THE MUNICIPAL CODE BY CHANGING THE ZONING FROM C-1 TO C-2/PCD ON 23.93 ACRES LOCATED AT THE SOUTHWEST CORNER OF OLIVE AND CALLOWAY DRIVES. (ZC 07- 1651 ) PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield BY:"-PCG~~ DEPUTY City Clerk S:\DOCUMENT\FORMSIAOP.ORD.wpd 3/10/2008 <<. <oP-.K$'1> () ~ ::.. -- ~ rl - r- o tJ ORIGINAL ORDINANCE NO. 4493 ,- POSTED ON -3-\ l.~ I ~ by City Clerk's Office City of Bakersfield bY~ AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO.1 02-07 and 102-18) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM C-1 (NEIGHBORHOOD COMMERCIAL) TO C-21 PCD (REGIONAL COMMERCIAU PLANNED COMMERCIAL DEVELOPMENT) ZONE ON 23.93 ACRES TO ALLOW A COMMERCIAL SHOPPING CENTER GENERALLY LOCATED AT THE SOUTHWEST CORNER OF OLIVE DRIVE AND CALLOWAY DRIVE (FILE NO. 07-1651). 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 locate at the southwest corner of Olive and Calloway Drives, as shown on Exhibit "2"; WHEREAS, by Resolution No.04-08 on January 3, 2008, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve a C-21 PCD (Regional Commercial/Planned Commercial Development) zone as delineated on attached Zoning Map No. 102-07 and102-18 marked Exhibit "3", 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 a C-1 (Neighborhood Commercial) to a C-2/ PCD (Regional Commercial/Planned Commercial Development) 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, for the above described project, an initial study was conducted and it was determined that the proposed project would not have a significant effect on the environment and a Negative Declaration was prepared and approved by the Development Service Director on May 15, 2007, in conjunction with Project No. Site Plan Review # 06-1287 (related to SPR 08-0030) and in accordance with CEQA; and WHEREAS, said Negative Declaration is applicable to and appropriate for this project; and WHEREAS, there have been no substantial changes to the project or circumstances under which it will be undertaken; and WHEREAS, no new environmental impacts have been identified; and WHEREAS, the general plan designation for this area allows commercial development; and 1 ~ ~{l.l\t'9 C) ~ ~ ~1 I- r- <::) CJ ORIGINAL