HomeMy WebLinkAboutORD NO 4529ORDINANCE NO. 4 5 2 9 ,.
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND
AMENDING SECTION 17.06.020 (ZONE MAP NO. 123-12) OF
TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE
BY CHANGING THE ZONING FROM A P (PARKING) TO A C-2
(REGIONAL COMMERCIAL) ZONE ON 31,500 SQUARE FEET
GENERALLY LOCATED ON THE SOUTH SIDE OF MING
AVENUE, EAST OF CASTRO LANE (FILE # 08-0224)
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 April 17, 2008 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 Ming Avenue, east of Castro
Lane at the Valley Plaza Shopping Mall as shown on Exhibit " 3";
WHEREAS, the request consisted of a change in zoning of the subject property
from a P (Parking) zone to C-2 (Regional Commercial) zone on 4.06 acres; and
WHEREAS, the applicant amended the application prior to July 17, 2008 to
depict a pedestrian walkway between the bus stop on Ming Avenue and the mall building, a
right turn deceleration lane on Ming at Castro Lane, and only one pad along Ming Avenue,
conceptually shown on attached Exhibit "2;" and
WHEREAS, staff recommended approval on 31,500 square feet instead of 4.06
acres from P (Parking) zone to C-2 (Regional Commercial) zone; and
WHEREAS, said on 31,500 square feet is intended to include one pad near Ming
Avenue, as generally shown on attached Exhibit "2"; 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 P (Parking) zone to
C-2 (Regional Commercial) zone on 31,500 square feet and the Council has considered said
findings and all appear to be true and correct; and
WHEREAS, by Resolution No. 107-08 on July 17, 2008 the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve a C-2 (Regional Commercial) zone as delineated on attached
Zoning Map No. 123-12 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 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 March 27,
2008, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows commercial
development; and
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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 (Regional
Commercial) zone.
4. The overall design of the project, as conditioned and conceptually shown on
attached Exhibit "2," 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.
SECTION 1.
as follows:
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield
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. 123-12
marked Exhibit "3" attached hereto and made a part hereof, and are more specifically described
in attached Exhibit "4 ".
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.
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ORIGINAL
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
SEP 0 3 2008 by the following vote:
,/ / / / c/ ,/ ,/
AYE COUNCILMEMBER: CA SON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER
NOES: COUNCILMEMBER:
ABSTAIN: COUNCILMEMBER: ,n,
ABSENT: COUNCILMEMBER: ~~,~
PAMELA A. McCARTHY, CM
CITY CLERK and Ex Officio CI rk of the
Council of the City of Bakersfield
APPROVED SEP 0 3 2008
H R EY L. ALL
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
By: ~--
Exhibits: 1. Conditions.
2. Conceptual Map.
3. Zone Map
4. Legal Description
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August11,2008
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EXHIBIT "1"
CONDITIONS OF APPROVAL
ZONE CHANGE 08-0224
PUBLIC WORKS
Along with the submittal of any development plan, prior to approval of improvement plans, or with
the application for a lot line adjustment or parcel merger, the following shall occur:
a. Provide fully executed dedication for Ming Avenue to arterial standards for the full frontage of
the original area of the zone change request (from about 130 feet west Castro Lane to the
easterly drive entrance near Macys) as necessary. Submit a current title report with the
dedication documents.
b. Dedicate and construct a right turn deceleration lanes on the south side of Ming Avenue for
the entrance at Castro Lane without requiring additional dedication from adjacent property
owners subject to the approval of the design by the City Traffic Engineer.
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 ("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
3. The boundaries of the proposed zone change shall be reduced to only include one pad along Ming
Avenue, which is on 23,400 square feet. The location of the pad shall be set back from Ming
Avenue, south of the existing liquid amber trees (all of these trees are to remain) in a specific
location approved by the Planning Director. The developer is limited to one building pad within the
project area.
4. The applicant shall replace liquid amber trees in the planters where they have been removed
between the Castro Lane Entrance and the easterly driveway (Macys) entrance. The minimum
number of trees to be planted shall be seven (7), 24inch box size trees.
For orderly development, and public health and welfare.
By jeng S:IZoneChangelyr 2008108-0224 VPICCIExhlconditions.doc
August 11, 2008
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Exhibit 1
Zone Change 08-0224
Page 2 of 2
5. Prior to approval of final Site Plan Review or any building permit on the project site, the developer
shall provide a "pedestrian friendly' connection from the existing bus stop on Ming Avenue to the
main entrance of the Valley Plaza Mall as depicted on attached Exhibit "2". Exhibit "2" depicts at a
minimum, a 5-foot wide meandering sidewalk, landscaping including shade trees on both sides of
the sidewalk, a bench and be handicap accessible. The plans shall be submitted for approval by
the City through the Site Plan Review process. The tree size shall be 24inch box trees.
For public health, welfare and safety.
6. Prior to approval of final Site Plan Review or any building permit on the project site, the developer
shall install a new bus shelter on Ming Avenue. The shelter shall include at a minimum, connection
to the pedestrian con'idor, have covered bench shelter, trash receptacle, landscaping with at least 5
shade trees, lighting (may be shared with parking lot), and be handicap accessible. The design of
the bus stop shelter shall be approved by Golden Empire Transit (GET) prior to submittal to obtain
approval from the City Engineer and Planning Director. All applicable (encroachment) permits and
fees are required.
For public health, welfare and safety.
7. The new/revised signs shown on attached Exhibit "2" are not approved as part of this zone change
application. If the developer desires to amend the signage in the shopping center, he/she is
required to submit a separate application for a comprehensive sign plan for Planning Commission
consideration.
For orderly development.
By jeng/S:IZoneChangelyr 2008108-0224 VPICCIExhlconditlons.doc
August 11, 2008
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General Growth Properties, Inc.
110 North Wacker Drive RIGINAL
Chicago. Illinois BO606
VALLEY PLAZA
Y701 MNIO AVlIN!
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ZONE CHANGE 08-0224
STAF-F RECOMMEN-DA~'I-ON
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ZONING MAP 123 -12 O~ ,
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EXHIBIT "4"
PROPOSED ZONE CHANGE
LEGAL DESCRIPTION
BEING A PORTION OF PARCEL 1 OF PARCEL MAP WAIVER NO. 4-87, AS EVIDENCED BY
THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED FEBRUARY 23, 1987 IN BOOK
5972, PAGE 1945 OF OFFICIAL RECORDS, IN THE OFFICE OF THE KERN COUNTY
RECORDER; ALSO BEING A PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 12, TOWNSHIP 30 SOUTH, RANGE 27 EAST, M.D.M., CITY OF
BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
PROPOSED C-2 (FROM "P"1
COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER, SAID POINT
ALSO BEING THE CENTERLINE INTERSECTION OF MING AVENUE AND CASTRO LANE;
THENCE SOUTH 89 2019 EAST, ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER
AND THE CENTERLINE " OF MING AVENUE, A DISTANCE OF 256.37 FEET; THENCE
DEPARTING SAID NORTH LINE AND SAID CENTERLINE AT RIGHT ANGLES, SOUTH 00°39'41"
WEST, A DISTANCE OF 55. 00 FEET TO THE POINT OF BEGINNING, SAID POINT ALSO BEING
ON THE SOUTHERLY RIGHT-OF-WAY LINE OF MING AVENUE; THENCE ALONG THE
FOLLOWING FOUR (4) COURSES:
1) SOUTH 89°20'19" EAST, ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 180.00
FEET; THENCE
2) DEPARTING SAID RIGHT-OF--WAY LINE, SOUTH 00°39'41" WEST, A DISTANCE OF
175.00 FEET; THENCE
3) NORTH 89°20'19" WEST, PARALLEL WITH SAID NORTH LINE, A DISTANCE OF 180.00
FEET; THENCE
4) NORTH 00°39'41" EAST, A DISTANCE OF 175.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 31,500 (NET) SQUARE FEET, MORE OR LESS. ~~p
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881.834.4814•Fax 834-0972
2001 Wheelan Court • Bakersfield, CA 93309
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EXHIBIT "4"
I ~ CASTRO LANE
POINT OF COMMENCMENT
NORTHWEST CORNER OF THE ~ M/NG AVENUE
NE/4 OF THE NW/4 OF NORTH LINE OF THE NE/4
SECTION 12, T.30S., R.27E. OF 7HE NW/4 OF SECTION
~ S89'20'19"E 12, T.30S, R.27E.
256.37'
S00'39'41 "W I S89'20'19"E u
55.00' I 180.00'
POINT OF I 1
SOUTHERLY
R/W LINE BEGINNING w PROPOSED C-2
~o EXISTING "P"
o~ 31,500 (NET)
°z S. F.
180.00'
N89'20'19"W
NORTH
SCALE: 1 "= 100'
50 0 100
100 25
~X1S71NG " P'
PARCEL 1
P.M.I. N0. ~1~87
BK. 5972, PG. 1945, O.R.
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CITY OF BAKERSFIELD
ZONE CHANGE FROM "P' TO C-2
BAKERSFIELD MALL, LLC
JOB N0, 08-009
DATE: 8-4-OB
FILE N0. 08009ZC01
DONE BY: GC/JLM
AREA: 31,500 (NET)
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C3~IGINAL
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 ~`~ day of September , 2008 she posted on the Bulletin Board at
City Hall, a full, true and correct copy of the following: Ordinance No. 4529 ,passed
by the Bakersfield City Council at a meeting held on the ~ day of September, 2008
and entitled:
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND
AMENDING TITLE 17 (ZONE MAP NO. 123-12) OF THE MUNICIPAL
CODE BY CHANGING THE ZONING FROM P to C-2 ON 31,500
SQUARE FEET GENERALLY LOCATED ON THE SOUTH SIDE OF
MING AVENUE, EAST OF CASTRO LANE (ZC 08-0224)
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
S:\DOCUMENT\FORMSWOP.ORD.wpd
By:
DEPUTY City Clerk
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