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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 -1 - o``~PK~9s CD s~ cJ O INAL r C?"IGAI3AL 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. ---------000--------- -2 - r-- 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 KShea s:\zonechange\yr 2011 \zc 1 1-0230\cc\ozc-cc.doc a' try -3 - y t-- v ~=J 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 f- rn r- 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. KS:\\S:\ZoneChange\yr 2011 VC 1 1-0230\Conditions Ex A-l.doc Page 2 of 2 n~ N Q . . I"- F', x w V Z Z O N i O CY) N O rW V Z Q 2 U W Z O N U 3AV 83ONV310 U U J W Q Ml kGIlOH z D N r w m U w M F- 1St/ 1S 8VC130 U 1S 3NId a U 3Ay 830NH310 S F J W W U) 0 w N U L O F- a U Ca N i U O F- a -r g~ ~u ~L w z 04 ~U O Z w C/) _ x W C) M F- O N N 711 o m O N Z Or LL, 0 H W F- m j a LO Q W a cn F- cn cl: w R co (71IC.,INAL. EXHIBIT "A-3" Zone Change Legal Description gAK~q 1 [Y1 r_) 7 0F, l{Vii'.,; i 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 Page 1 of 2 K9 {'T1 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). ~ 434 ~~o.1F HF rte-' o No. C25224 4 ~ 12;PA' z aF 61 OF Page 2 of 2 IL 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 S:\DOC U M E N'RFORMS\AOP.ORD.wpd r7 t' 0 -p' 1 . .