HomeMy WebLinkAboutORD NO 4653ORDINANCE NO. 4 6 5 3
AN ORDINANCE AMENDING SECTION 17.06.020, OFFICIAL
ZONE MAP OF TITLE SEVENTEEN OF THE BAKERSFIELD
MUNICIPAL CODE BY CHANGING THE ZONING FROM A FROM
P (PARKING) AND R-1 (ONE FAMILY DWELLING) TO C-2
(REGIONAL COMMERCIAL) ON A 0.44-ACRE SITE LOCATED AT
2129 BRUNDAGE LANE AND 2200 ROOSEVELT STREET (ZONE
CHANGE NO. 11-0230).
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 located at 2129 Brundage Lane and 2200 Roosevelt Street, as
shown on Exhibit "A-2";
WHEREAS, by Resolution No. 15-11 on September 15, 2011, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17
of the Municipal Code to approve Zone Change No. 1 1-0230 as delineated on
attached Zoning Map marked Exhibit "A-2", 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 General Plan designation for this area allows for
commercial development; and
WHEREAS, the law and regulations relating to the preparation and
adoption of Notices of Exemption, 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, staff determined that the proposed project is exempt from the
provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15332
of the State CEQA Guidelines, and a Notice of Exemption was prepared on August 2,
2011, in accordance with CEQA, to be posted following Council approval; and
WHEREAS, the Council of the City of Bakersfield, in accordance with the
provisions of Section 65355 of the Government Code, conducted and held a public
hearing on Wednesday, October 19, 2011, on Zone Change No. 1 1-0230, notice of time
and place of the hearing been given at least ten (10) calendar days before the
hearing by publication in The Bakersfield Californian, a local newspaper of general
circulation in accordance with State Law; 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 have
been followed.
3. The proposed project is compatible with surrounding uses.
4. The proposed project is consistent with the Metropolitan Bakersfield
General Plan.
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 report of the Planning Commission, including maps and all
reports and papers relevant thereto, transmitted by the Secretary
of the Planning Commission to the City Council, is hereby received,
accepted and approved.
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, of which the boundary
is shown on Zoning Map marked Exhibit "A-2" attached hereto and
made a part hereof, and are more specifically described in
attached Exhibit "A-3
4. Such zone change is hereby made subject to the conditions of
approval listed in attached Exhibit "A-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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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
November 16, 2011 by the following vote:
AYE . COUNCILMEMBER: SALAS, BENHAM, WEIR, COUCH, HAN ON, JOHNSON
0ES: COUNCILMEMBER: /1'0 V%Q-
ABSTAIN: COUNCILMEMBER: ✓lOV-Q_
ABSEN COUNCILMEMBER: . u %V
ROBERTA GAFFORD, CMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED NOV 1 6 2011 Y dim
HARVEY L. HALL
Mayor of the City of Bakersfiel
APPROVED as to form
VIRGINIA Gf NNARO
City Attor y
By:
Exhibits: A-1. Conditions of Approval
A-2. Location/Zoning Map
A-3. Legal Description
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EXHIBIT A-1
Conditions of Approval
Zone Change No. 11-0230
Public Works
Brundage Lane is classified as an arterial street. Therefore, with the submittal of any
site development plan or subdivision map (includes lot line adjustment and merger), or
prior to approval of improvement plans, the following shall occur:
a. Provide fully executed dedication for Brundage Lane to arterial standards (10
additional feet), for the full frontage of the area within the final C-2 zoned area of
the shopping center. Submit a current title report with the dedication documents.
If a map is submitted, dedication can be provided with the map. On-site parking
will be permitted within the City Right of Way.
b. Include in the Consolidated Maintenance District the entire area within the final C-
2 zoned area of the shopping center. The applicant shall pay all fees associated
for this inclusion.
c. Pay the proportionate share of the cost of the median for the arterial frontage of
the property along the final C-2 zoned area of the shopping center (currently $100
per linear foot) prior to recordation of any map or approval of any improvement
plan.
2. Access to Brundage will be limited and may be restricted at the time the median
island is constructed. Determination of whether a right turn lane is required at the
access drive(s) will also be made at the time of subdivision or site development by the
Traffic Engineer.
3. Truck loading and/or backing into the shopping center site from Roosevelt Street is
prohibited.
4. Any new development is required to pay into the adopted Regional Traffic Impact
Fee fixed rate program.
City Attorney
5. 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.
Page 1 of 2
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EXHIBIT A-1
ZC No. 11-0230
Conditions of Approval
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 preceding, 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.
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EXHIBIT "A-3"
Zone Change Legal Description
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ZONE CHANGE LEGAL DESCRIPTIONS
THE FOLLOWING DESCRIBED PARCELS ARE LOCATED IN LOT 3 OF
SECTION 1, T.30S., R.27E., M.D.B.&M., AS SHOWN ON THE KERN COUNTY
SALES MAP NO. 1 OF LANDS OON MARCH 16,1889. SAID THE OFFICE OF
PARCELS ARE
THE KERN COUNTY RECORDER
LOCATED IN THE CITY OF BAKEAS FD, STATE OF CALIFORNIA, AND
MORE PARTICULARLY DESCRIBED
(FOR PURPOSES OF THESE LEGAL DESCRIPTIONS, THE NORTH LINE OF
SAID LOT 3 IN THIS AREA OF BR oN 1AND LANE IS 30.00 FEET SOUTH
50 FEET NORTH OF THE F
THE NORTH LINE OF SAID SEC
SOUTH RIGHT-OF-WAY LINE OF BRUNDAGE LANE).
PARCEL NO. 1 (THE SOUTHERLY 155.7 FEET ± OF APN 147-440-23)
PROPOSED C-2 ZONE (EXISTING "P" ZONE).
THE SOUTHERLY 155.7 FEET ± OF THE FOLLOWING DESCRIPTION:
THE EAST 50.5 FEET OF THE WEST 199 FEET OF SAID LOT 3
EXCEPTING THEREFROM THE NORTH 150 FEET THEREOF.
ALSO EXCEPTING THEREFROM
D DESCRIBED IN DOCUMENT NOEOF.
DEED
(PARCEL NO. 3 OF GRANT
203206462 AND RECORDED SEPTEMBER 26, 2003 IN THE KERN COUNTY
RECORDER'S OFFICE).
(THE SOUTH LINE OF SAID PARCEL IS THE NORTH LINE OF STATE
HIGHWAY ROUTE 58 AS DESCRIBED IN THE STATE OF CALIFORNIA
SUPERIOR COURT DIN
O.R., JUNE 16,1971, THE KERN COUNTY RECORDER'S OFFICE).
SAID PARCEL NO. 1 IS ALSO KNOWN AA PARCEL NO. 2 O30ZONE CHANGE
ORDINANCE NO. 1964, PASSED AND OPTED
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ZONE CHANGE LEGAL DESCRIPTIONS
PARCEL 2 (APN 147-440-05)
PROPOSED C-2 ZONE (EXISTING R-1 ZONE)
THE EAST 65 FEET OF THE WEST 264 FEET OF SAID
J.B. HAGGIN T 3 OF THE KERN
COUNTY SALES MAP NO. 1 OF LANDS OF
EXCEPT THE NORTH 150 FEET THEREOF.
ALSO EXCEPT THE SOUTH 311.203 FEET THEREOF.
AS DESCRIBED ON GRANT APRI R2 CORODE DOCUMENT NO.
COUNTY
204096684 AND RECORDED
RECORDER'S OFFICE.
(THE SOUTH LINE OF SAID PARCEL IS THE NORTH LINE OF STATE
HIGHWAY ROUTE 58 AS DESCRIBED IN THE STATE OF CALIFORNIA
SUPERIOR COURT , DIN THE DOCUMENT
O.R., JUNE 16,19 COUNTY RECORDER'S OFFICE).
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No. C25224
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OF
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern )
ROBERTA GAFFORD, 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 18th day of November, 2011 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4653, passed by the
Bakersfield City Council at a meeting held on the 16th day of November, 2011 and
entitled:
AN ORDINANCE AMENDING SECTION 17.06.020, OFFICIAL ZONE
MAP OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL
CODE BY CHANGING THE ZONING FROM A FROM P (PARKING) AND
R-1 (ONE FAMILY DWELLING) TO C-2 (REGIONAL COMMERCIAL) ON
A 0.44 ACRE SUTE KICATED AT 2129 BRUNDAGE LANE AND 2200
ROOSEVELT STREET (ZONE CHANGE NO. 11-0230).
ROBERTA GAFFORD
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By:
DEP 4it Ork
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